[Congressional Record (Bound Edition), Volume 151 (2005), Part 13]
[Senate]
[Pages 17452-17481]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1580. Ms. SNOWE (for herself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 1537 submitted by Ms. 
Snowe and intended to be proposed to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 815. NAVY HUMAN RESOURCES BENEFIT CALL CENTER.

       Of the amount authorized to be appropriated by section 
     301(2) for operation and maintenance for the Navy, $1,500,000 
     shall be available for Civilian Manpower and Personnel for a 
     Human Resources Benefit Call Center in Machias, Maine.
                                 ______
                                 
  SA 1581. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 1556 proposed by Mr. McCain (for himself, Mr. Warner, Mr. 
Graham, and Ms. Collins) to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2, strike lines 3 through 11.
                                 ______
                                 
  SA 1582. Mr. BROWNBACK submitted an amendment intended to be proposed 
to amendment SA 1527 submitted by Mrs. Boxer (for herself and Ms. 
Snowe) and intended to be proposed to the bill S. 1042, to authorize 
appropriations for fiscal year 2006 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       Insert before the closing quotation marks the following: 
     ``but only if the identity of the perpetrator of such act of 
     incest is provided to a designated officer, at the time the 
     abortion is sought, for transmission to the appropriate 
     military or civilian law enforcement authorities, or, in the 
     case of rape, only if the identity of the perpetrator of that 
     act of rape, if known to the victim, is provided to a 
     designated officer, at the time the abortion is sought, for 
     transmission to the appropriate military or civilian law 
     enforcement authorities''.
                                 ______
                                 
  SA 1583. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 203, to reduce temporarily the royalty required 
to be paid for sodium produced, to establish certain National Heritage 
Areas, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Heritage Areas Act of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                  TITLE I--SODA ASH ROYALTY REDUCTION

Sec. 101. Short title.
Sec. 102. Reduction in royalty rate on soda ash.
Sec. 103. Study.

           TITLE II--ESTABLISHMENT OF NATIONAL HERITAGE AREAS

         Subtitle A--Northern Rio Grande National Heritage Area

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. Northern Rio Grande National Heritage Area.
Sec. 205. Authority and duties of the local coordinating entity.
Sec. 206. Duties of the Secretary.
Sec. 207. Savings provisions.
Sec. 208. Authorization of appropriations.
Sec. 209. Termination of authority.

             Subtitle B--Atchafalaya National Heritage Area

Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Atchafalaya National Heritage Area.
Sec. 214. Authorities and duties of the local coordinating entity.
Sec. 215. Management plan.
Sec. 216. Requirements for inclusion of private property.
Sec. 217. Private property protection.
Sec. 218. Effect of subtitle.
Sec. 219. Reports.
Sec. 220. Authorization of appropriations.
Sec. 221. Termination of authority.

           Subtitle C--Arabia Mountain National Heritage Area

Sec. 231. Short title.
Sec. 232. Findings and purposes.
Sec. 233. Definitions.
Sec. 234. Arabia Mountain National Heritage Area.
Sec. 235. Authorities and duties of the local coordinating entity.
Sec. 236. Management plan.
Sec. 237. Technical and financial assistance.
Sec. 238. Effect on certain authority.
Sec. 239. Authorization of appropriations.
Sec. 240. Termination of authority.

           Subtitle D--Mormon Pioneer National Heritage Area

Sec. 251. Short title.
Sec. 252. Findings and purpose.
Sec. 253. Definitions.
Sec. 254. Mormon Pioneer National Heritage Area.
Sec. 255. Designation of Alliance as local coordinating entity.
Sec. 256. Management of the Heritage Area.
Sec. 257. Duties and authorities of Federal agencies.
Sec. 258. No effect on land use authority and private property.
Sec. 259. Authorization of appropriations.
Sec. 260. Termination of authority.

           Subtitle E--Bleeding Kansas National Heritage Area

Sec. 261. Short title.
Sec. 262. Findings and purpose.
Sec. 263. Definitions.
Sec. 264. Bleeding Kansas and the Enduring Struggle for Freedom 
              National Heritage Area.
Sec. 265. Technical and financial assistance; other Federal agencies.
Sec. 266. Private property protection.
Sec. 267. Savings provisions.
Sec. 268. Authorization of appropriations.
Sec. 269. Termination of authority.

       Subtitle F--Upper Housatonic Valley National Heritage Area

Sec. 271. Short title.
Sec. 272. Findings and purposes.
Sec. 273. Definitions.
Sec. 274. Upper Housatonic Valley National Heritage Area.
Sec. 275. Authorities, prohibitions, and duties of the local 
              coordinating entity.
Sec. 276. Management plan.
Sec. 277. Duties and authorities of the Secretary.
Sec. 278. Duties of other Federal agencies.
Sec. 279. Authorization of appropriations.
Sec. 280. Termination of authority.

       Subtitle G--Champlain Valley National Heritage Partnership

Sec. 281. Short title.
Sec. 282. Findings and purposes.
Sec. 283. Definitions.
Sec. 284. Heritage Partnership.
Sec. 285. Effect.
Sec. 286. Authorization of appropriations.
Sec. 287. Termination of authority.

            Subtitle H--Great Basin National Heritage Route

Sec. 291. Short title.
Sec. 291A. Findings and purposes.
Sec. 291B. Definitions.
Sec. 291C. Great Basin National Heritage Route.
Sec. 291D. Memorandum of understanding.
Sec. 291E. Management Plan.
Sec. 291F. Authority and duties of local coordinating entity.
Sec. 291G. Duties and authorities of Federal agencies.
Sec. 291H. Land use regulation; applicability of Federal law.
Sec. 291I. Authorization of appropriations.
Sec. 291J. Termination of authority.

[[Page 17453]]

              Subtitle I--Gullah/Geechee Heritage Corridor

Sec. 295. Short title.
Sec. 295A. Purposes.
Sec. 295B. Definitions.
Sec. 295C. Gullah/Geechee Cultural Heritage Corridor.
Sec. 295D. Gullah/Geechee Cultural Heritage Corridor Commission.
Sec. 295E. Operation of the local coordinating entity.
Sec. 295F. Management plan.
Sec. 295G. Technical and financial assistance.
Sec. 295H. Duties of other Federal agencies.
Sec. 295I. Coastal Heritage Centers.
Sec. 295J. Private property protection.
Sec. 295K. Authorization of appropriations.
Sec. 295L. Termination of authority.

  Subtitle J--Crossroads of the American Revolution National Heritage 
                                  Area

Sec. 297. Short title.
Sec. 297A. Findings and purposes.
Sec. 297B. Definitions.
Sec. 297C. Crossroads of the American Revolution National Heritage 
              Area.
Sec. 297D. Management plan.
Sec. 297E. Authorities, duties, and prohibitions applicable to the 
              local coordinating entity.
Sec. 297F. Technical and financial assistance; other Federal agencies.
Sec. 297G. Authorization of appropriations.
Sec. 297H. Termination of authority.

               TITLE III--NATIONAL HERITAGE AREA STUDIES

            Subtitle A--Western Reserve Heritage Area Study

Sec. 301. Short title.
Sec. 302. National Park Service study regarding the Western Reserve, 
              Ohio.

           Subtitle B--St. Croix National Heritage Area Study

Sec. 311. Short title.
Sec. 312. Study.

            Subtitle C--Southern Campaign of the Revolution

Sec. 321. Short title.
Sec. 322. Southern Campaign of the Revolution Heritage Area study.

 TITLE IV--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT 
                               AMENDMENTS

Sec. 401. Short title.
Sec. 402. Transition and provisions for new local coordinating entity.
Sec. 403. Private property protection.

   TITLE V--REAUTHORIZATION OF APPROPRIATIONS FOR NEW JERSEY COASTAL 
                          HERITAGE TRAIL ROUTE

Sec. 501. Reauthorization of appropriations for New Jersey Coastal 
              Heritage Trail Route.

                  TITLE I--SODA ASH ROYALTY REDUCTION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Soda Ash Royalty Reduction 
     Act of 2005''.

     SEC. 102. REDUCTION IN ROYALTY RATE ON SODA ASH.

       Notwithstanding section 102(a)(9) of the Federal Land 
     Policy Management Act of 1976 (43 U.S.C. 1701(a)(9)), section 
     24 of the Mineral Leasing Act (30 U.S.C. 262), and the terms 
     of any lease under that Act, the royalty rate on the quantity 
     or gross value of the output of sodium compounds and related 
     products at the point of shipment to market from Federal land 
     in the 5-year period beginning on the date of enactment of 
     this Act shall be 2 percent.

     SEC. 103. STUDY.

       After the end of the 4-year period beginning on the date of 
     enactment of this Act, and before the end of the 5-year 
     period beginning on that date, the Secretary of the Interior 
     shall report to Congress on the effects of the royalty 
     reduction under this title, including--
       (1) the amount of sodium compounds and related products at 
     the point of shipment to market from Federal land during that 
     4-year period;
       (2) the number of jobs that have been created or maintained 
     during the royalty reduction period;
       (3) the total amount of royalty paid to the United States 
     on the quantity or gross value of the output of sodium 
     compounds and related products at the point of shipment to 
     market produced during that 4-year period, and the portion of 
     such royalty paid to States; and
       (4) a recommendation of whether the reduced royalty rate 
     should apply after the end of the 5-year period beginning on 
     the date of enactment of this Act.

           TITLE II--ESTABLISHMENT OF NATIONAL HERITAGE AREAS

         Subtitle A--Northern Rio Grande National Heritage Area

     SEC. 201. SHORT TITLE.

       This subtitle may be cited as the ``Northern Rio Grande 
     National Heritage Area Act''.

     SEC. 202. FINDINGS.

       The Congress finds that--
       (1) northern New Mexico encompasses a mosaic of cultures 
     and history, including eight Pueblos and the descendants of 
     Spanish ancestors who settled in the area in 1598;
       (2) the combination of cultures, languages, folk arts, 
     customs, and architecture make northern New Mexico unique;
       (3) the area includes spectacular natural, scenic, and 
     recreational resources;
       (4) there is broad support from local governments and 
     interested individuals to establish a National Heritage Area 
     to coordinate and assist in the preservation and 
     interpretation of these resources;
       (5) in 1991, the National Park Service study Alternative 
     Concepts for Commemorating Spanish Colonization identified 
     several alternatives consistent with the establishment of a 
     National Heritage Area, including conducting a comprehensive 
     archaeological and historical research program, coordinating 
     a comprehensive interpretation program, and interpreting a 
     cultural heritage scene; and
       (6) establishment of a National Heritage Area in northern 
     New Mexico would assist local communities and residents in 
     preserving these unique cultural, historical and natural 
     resources.

     SEC. 203. DEFINITIONS.

       As used in this subtitle--
       (1) the term ``heritage area'' means the Northern Rio 
     Grande National Heritage Area; and
       (2) the term ``Secretary'' means the Secretary of the 
     Interior.

     SEC. 204. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

       (a) Establishment.--There is hereby established the 
     Northern Rio Grande National Heritage Area in the State of 
     New Mexico.
       (b) Boundaries.--The heritage area shall include the 
     counties of Santa Fe, Rio Arriba, and Taos.
       (c) Local Coordinating Entity.--
       (1) The Northern Rio Grande National Heritage Area, Inc., a 
     non-profit corporation chartered in the State of New Mexico, 
     shall serve as the local coordinating entity for the heritage 
     area.
       (2) The Board of Directors for the local coordinating 
     entity shall include representatives of the State of New 
     Mexico, the counties of Santa Fe, Rio Arriba and Taos, tribes 
     and pueblos within the heritage area, the cities of Santa Fe, 
     Espanola and Taos, and members of the general public. The 
     total number of Board members and the number of Directors 
     representing State, local and tribal governments and 
     interested communities shall be established to ensure that 
     all parties have appropriate representation on the Board.

     SEC. 205. AUTHORITY AND DUTIES OF THE LOCAL COORDINATING 
                   ENTITY.

       (a) Management Plan.--
       (1) Not later than 3 years after the date on which funds 
     are made available to carry out this subtitle, the local 
     coordinating entity shall develop and forward to the 
     Secretary a management plan for the heritage area.
       (2) The local coordinating entity shall develop and 
     implement the management plan in cooperation with affected 
     communities, tribal and local governments and shall provide 
     for public involvement in the development and implementation 
     of the management plan.
       (3) The management plan shall, at a minimum--
       (A) provide recommendations for the conservation, funding, 
     management, and development of the resources of the heritage 
     area;
       (B) identify sources of funding;
       (C) include an inventory of the cultural, historical, 
     archaeological, natural, and recreational resources of the 
     heritage area;
       (D) provide recommendations for educational and 
     interpretive programs to inform the public about the 
     resources of the heritage area; and
       (E) include an analysis of ways in which local, State, 
     Federal, and tribal programs may best be coordinated to 
     promote the purposes of this subtitle.
       (4) If the local coordinating entity fails to submit a 
     management plan to the Secretary as provided in paragraph 
     (1), the heritage area shall no longer be eligible to receive 
     Federal funding under this subtitle until such time as a plan 
     is submitted to the Secretary.
       (5) The Secretary shall approve or disapprove the 
     management plan within 90 days after the date of submission. 
     If the Secretary disapproves the management plan, the 
     Secretary shall advise the local coordinating entity in 
     writing of the reasons therefore and shall make 
     recommendations for revisions to the plan.
       (6) The local coordinating entity shall periodically review 
     the management plan and submit to the Secretary any 
     recommendations for proposed revisions to the management 
     plan. Any major revisions to the management plan must be 
     approved by the Secretary.
       (b) Authority.--The local coordinating entity may make 
     grants and provide technical assistance to tribal and local 
     governments, and other public and private entities to carry 
     out the management plan.
       (c) Duties.--The local coordinating entity shall--
       (1) give priority in implementing actions set forth in the 
     management plan;
       (2) coordinate with tribal and local governments to better 
     enable them to adopt land use policies consistent with the 
     goals of the management plan;
       (3) encourage by appropriate means economic viability in 
     the heritage area consistent with the goals of the management 
     plan; and

[[Page 17454]]

       (4) assist local and tribal governments and non-profit 
     organizations in--
       (A) establishing and maintaining interpretive exhibits in 
     the heritage area;
       (B) developing recreational resources in the heritage area;
       (C) increasing public awareness of, and appreciation for, 
     the cultural, historical, archaeological and natural 
     resources and sites in the heritage area;
       (D) the restoration of historic structures related to the 
     heritage area; and
       (E) carrying out other actions that the local coordinating 
     entity determines appropriate to fulfill the purposes of this 
     subtitle, consistent with the management plan.
       (d) Prohibition on Acquiring Real Property.--The local 
     coordinating entity shall not use Federal funds received 
     under this subtitle to acquire real property or an interest 
     in real property.
       (e) Public Meetings.--The local coordinating entity shall 
     hold public meetings at least annually regarding the 
     implementation of the management plan.
       (f) Annual Reports and Audits.--
       (1) For any year in which the local coordinating entity 
     receives Federal funds under this subtitle, the local 
     coordinating entity shall submit an annual report to the 
     Secretary setting forth accomplishments, expenses and income, 
     and each entity to which any grant was made by the local 
     coordinating entity.
       (2) The local coordinating entity shall make available to 
     the Secretary for audit all records relating to the 
     expenditure of Federal funds and any matching funds. The 
     local coordinating entity shall also require, for all 
     agreements authorizing expenditure of Federal funds by other 
     organizations, that the receiving organization make available 
     to the Secretary for audit all records concerning the 
     expenditure of those funds.

     SEC. 206. DUTIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--The Secretary may, 
     upon request of the local coordinating entity, provide 
     technical and financial assistance to develop and implement 
     the management plan.
       (b) Priority.--In providing assistance under subsection 
     (a), the Secretary shall give priority to actions that 
     facilitate--
       (1) the conservation of the significant natural, cultural, 
     historical, archaeological, scenic, and recreational 
     resources of the heritage area; and
       (2) the provision of educational, interpretive, and 
     recreational opportunities consistent with the resources and 
     associated values of the heritage area.

     SEC. 207. SAVINGS PROVISIONS.

       (a) No Effect on Private Property.--Nothing in this 
     subtitle shall be construed--
       (1) to modify, enlarge, or diminish any authority of 
     Federal, State, or local governments to regulate any use of 
     privately owned lands; or
       (2) to grant the local coordinating entity any authority to 
     regulate the use of privately owned lands.
       (b) Tribal Lands.--Nothing in this subtitle shall restrict 
     or limit a tribe from protecting cultural or religious sites 
     on tribal lands.
       (c) Authority of Governments.--Nothing in this subtitle 
     shall--
       (1) modify, enlarge, or diminish any authority of Federal, 
     State, tribal, or local governments to manage or regulate any 
     use of land as provided for by law or regulation; or
       (2) authorize the local coordinating entity to assume any 
     management authorities over such lands.
       (d) Trust Responsibilities.--Nothing in this subtitle shall 
     diminish the Federal Government's trust responsibilities or 
     government-to-government obligations to any federally 
     recognized Indian tribe.

     SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $10,000,000, to remain available 
     until expended, of which not more than $1,000,000 may be 
     authorized to be appropriated for any fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this subtitle shall 
     be not more than 50 percent.

     SEC. 209. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this subtitle terminates on the date that is 15 years after 
     the date of enactment of this Act.

             Subtitle B--Atchafalaya National Heritage Area

     SEC. 211. SHORT TITLE.

       This subtitle may be cited as the ``Atchafalaya National 
     Heritage Area Act''.

     SEC. 212. DEFINITIONS.

       In this subtitle:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Atchafalaya National Heritage Area established by section 
     213(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 213(c).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 215.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     Louisiana.

     SEC. 213. ATCHAFALAYA NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established in the State the 
     Atchafalaya National Heritage Area.
       (b) Boundaries.--The Heritage Area shall consist of the 
     whole of the following parishes in the State: St. Mary, 
     Iberia, St. Martin, St. Landry, Avoyelles, Pointe Coupee, 
     Iberville, Assumption, Terrebonne, Lafayette, West Baton 
     Rouge, Concordia, and East Baton Rouge.
       (c) Local Coordinating Entity.--
       (1) In general.--The Atchafalaya Trace Commission shall be 
     the local coordinating entity for the Heritage Area.
       (2) Composition.--The local coordinating entity shall be 
     composed of 13 members appointed by the governing authority 
     of each parish within the Heritage Area.

     SEC. 214. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING 
                   ENTITY.

       (a) Authorities.--For the purposes of developing and 
     implementing the management plan and otherwise carrying out 
     this subtitle, the local coordinating entity may--
       (1) make grants to, and enter into cooperative agreements 
     with, the State, units of local government, and private 
     organizations;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.
       (b) Duties.--The local coordinating entity shall--
       (1) submit to the Secretary for approval a management plan;
       (2) implement the management plan, including providing 
     assistance to units of government and others in--
       (A) carrying out programs that recognize important resource 
     values within the Heritage Area;
       (B) encouraging sustainable economic development within the 
     Heritage Area;
       (C) establishing and maintaining interpretive sites within 
     the Heritage Area; and
       (D) increasing public awareness of, and appreciation for 
     the natural, historic, and cultural resources of, the 
     Heritage Area;
       (3) adopt bylaws governing the conduct of the local 
     coordinating entity; and
       (4) for any year for which Federal funds are received under 
     this subtitle, submit to the Secretary a report that 
     describes, for the year--
       (A) the accomplishments of the local coordinating entity; 
     and
       (B) the expenses and income of the local coordinating 
     entity.
       (c) Acquisition of Real Property.--The local coordinating 
     entity shall not use Federal funds received under this 
     subtitle to acquire real property or an interest in real 
     property.
       (d) Public Meetings.--The local coordinating entity shall 
     conduct public meetings at least quarterly.

     SEC. 215. MANAGEMENT PLAN.

       (a) In General.--The local coordinating entity shall 
     develop a management plan for the Heritage Area that 
     incorporates an integrated and cooperative approach to 
     protect, interpret, and enhance the natural, scenic, 
     cultural, historic, and recreational resources of the 
     Heritage Area.
       (b) Consideration of Other Plans and Actions.--In 
     developing the management plan, the local coordinating entity 
     shall--
       (1) take into consideration State and local plans; and
       (2) invite the participation of residents, public agencies, 
     and private organizations in the Heritage Area.
       (c) Contents.--The management plan shall include--
       (1) an inventory of the resources in the Heritage Area, 
     including--
       (A) a list of property in the Heritage Area that--
       (i) relates to the purposes of the Heritage Area; and
       (ii) should be preserved, restored, managed, or maintained 
     because of the significance of the property; and
       (B) an assessment of cultural landscapes within the 
     Heritage Area;
       (2) provisions for the protection, interpretation, and 
     enjoyment of the resources of the Heritage Area consistent 
     with this subtitle;
       (3) an interpretation plan for the Heritage Area; and
       (4) a program for implementation of the management plan 
     that includes--
       (A) actions to be carried out by units of government, 
     private organizations, and public-private partnerships to 
     protect the resources of the Heritage Area; and
       (B) the identification of existing and potential sources of 
     funding for implementing the plan.
       (d) Submission to Secretary for Approval.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to carry out this subtitle, 
     the local coordinating entity shall submit the management 
     plan to the Secretary for approval.
       (2) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date specified in 
     paragraph (1), the Secretary shall not provide any additional 
     funding under this subtitle until a management plan for the 
     Heritage Area is submitted to the Secretary.
       (e) Approval.--

[[Page 17455]]

       (1) In general.--Not later than 90 days after receiving the 
     management plan submitted under subsection (d)(1), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       (2) Action following disapproval.--
       (A) In general.--If the Secretary disapproves a management 
     plan under paragraph (1), the Secretary shall--
       (i) advise the local coordinating entity in writing of the 
     reasons for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) allow the local coordinating entity to submit to the 
     Secretary revisions to the management plan.
       (B) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subparagraph (A)(iii), the Secretary shall approve or 
     disapprove the revision.
       (f) Revision.--
       (1) In general.--After approval by the Secretary of a 
     management plan, the local coordinating entity shall 
     periodically--
       (A) review the management plan; and
       (B) submit to the Secretary, for review and approval by the 
     Secretary, the recommendations of the local coordinating 
     entity for any revisions to the management plan that the 
     local coordinating entity considers to be appropriate.
       (2) Expenditure of funds.--No funds made available under 
     this subtitle shall be used to implement any revision 
     proposed by the local coordinating entity under paragraph 
     (1)(B) until the Secretary approves the revision.

     SEC. 216. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Area until 
     the owner of that private property has been notified in 
     writing by the local coordinating entity and has given 
     written consent to the local coordinating entity for such 
     preservation, conservation, or promotion.
       (b) Landowner Withdrawal.--Any owner of private property 
     included within the boundary of the Heritage Area shall have 
     that private property immediately removed from the boundary 
     by submitting a written request to the local coordinating 
     entity.

     SEC. 217. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this subtitle 
     shall be construed to--
       (1) require any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to such private property; or
       (2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on that private 
     property.
       (c) Participation of Private Property Owners in Heritage 
     Area.--Nothing in this subtitle shall be construed to require 
     the owner of any private property located within the 
     boundaries of the Heritage Area to participate in or be 
     associated with the Heritage Area.

     SEC. 218. EFFECT OF SUBTITLE.

       Nothing in this subtitle or in establishment of the 
     Heritage Area--
       (1) grants any Federal agency regulatory authority over any 
     interest in the Heritage Area, unless cooperatively agreed on 
     by all involved parties;
       (2) modifies, enlarges, or diminishes any authority of the 
     Federal Government or a State or local government to regulate 
     any use of land as provided for by law (including 
     regulations) in existence on the date of enactment of this 
     Act;
       (3) grants any power of zoning or land use to the local 
     coordinating entity;
       (4) imposes any environmental, occupational, safety, or 
     other rule, standard, or permitting process that is different 
     from those in effect on the date of enactment of this Act 
     that would be applicable had the Heritage Area not been 
     established;
       (5)(A) imposes any change in Federal environmental quality 
     standards; or
       (B) authorizes designation of any portion of the Heritage 
     Area that is subject to part C of title I of the Clean Air 
     Act (42 U.S.C. 7470 et seq.) as class 1 for the purposes of 
     that part solely by reason of the establishment of the 
     Heritage Area;
       (6) authorizes any Federal or State agency to impose more 
     restrictive water use designations, or water quality 
     standards on uses of or discharges to, waters of the United 
     States or waters of the State within or adjacent to the 
     Heritage Area solely by reason of the establishment of the 
     Heritage Area;
       (7) abridges, restricts, or alters any applicable rule, 
     standard, or review procedure for permitting of facilities 
     within or adjacent to the Heritage Area; or
       (8) affects the continuing use and operation, where located 
     on the date of enactment of this Act, of any public utility 
     or common carrier.

     SEC. 219. REPORTS.

       For any year in which Federal funds have been made 
     available under this subtitle, the local coordinating entity 
     shall submit to the Secretary a report that describes--
       (1) the accomplishments of the local coordinating entity; 
     and
       (2) the expenses and income of the local coordinating 
     entity.

     SEC. 220. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $10,000,000, to remain available 
     until expended, of which not more than $1,000,000 may be 
     authorized to be appropriated for any fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this subtitle shall 
     be not more than 50 percent.

     SEC. 221. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance to the 
     local coordinating entity under this subtitle terminates on 
     the date that is 15 years after the date of enactment of this 
     Act.

           Subtitle C--Arabia Mountain National Heritage Area

     SEC. 231. SHORT TITLE.

       This subtitle may be cited as the ``Arabia Mountain 
     National Heritage Area Act''.

     SEC. 232. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The Arabia Mountain area contains a variety of natural, 
     cultural, historical, scenic, and recreational resources that 
     together represent distinctive aspects of the heritage of the 
     United States that are worthy of recognition, conservation, 
     interpretation, and continuing use.
       (2) The best methods for managing the resources of the 
     Arabia Mountain area would be through partnerships between 
     public and private entities that combine diverse resources 
     and active communities.
       (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre 
     park in DeKalb County, Georgia--
       (A) protects granite outcrop ecosystems, wetland, and pine 
     and oak forests; and
       (B) includes federally-protected plant species.
       (4) Panola Mountain, a national natural landmark, located 
     in the 860-acre Panola Mountain State Conservation Park, is a 
     rare example of a pristine granite outcrop.
       (5) The archaeological site at Miners Creek Preserve along 
     the South River contains documented evidence of early human 
     activity.
       (6) The city of Lithonia, Georgia, and related sites of 
     Arabia Mountain and Stone Mountain possess sites that display 
     the history of granite mining as an industry and culture in 
     Georgia, and the impact of that industry on the United 
     States.
       (7) The community of Klondike is eligible for designation 
     as a National Historic District.
       (8) The city of Lithonia has 2 structures listed on the 
     National Register of Historic Places.
       (b) Purposes.--The purposes of this subtitle are as 
     follows:
       (1) To recognize, preserve, promote, interpret, and make 
     available for the benefit of the public the natural, 
     cultural, historical, scenic, and recreational resources in 
     the area that includes Arabia Mountain, Panola Mountain, 
     Miners Creek, and other significant sites and communities.
       (2) To assist the State of Georgia and the counties of 
     DeKalb, Rockdale, and Henry in the State in developing and 
     implementing an integrated cultural, historical, and land 
     resource management program to protect, enhance, and 
     interpret the significant resources within the heritage area.

     SEC. 233. DEFINITIONS.

       In this subtitle:
       (1) Heritage area.--The term ``heritage area'' means the 
     Arabia Mountain National Heritage Area established by section 
     234(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the Arabia Mountain Heritage Area 
     Alliance or a successor of the Arabia Mountain Heritage Area 
     Alliance.
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the heritage area developed under 
     section 236.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of Georgia.

     SEC. 234. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Arabia 
     Mountain National Heritage Area in the State.
       (b) Boundaries.--The heritage area shall consist of certain 
     parcels of land in the counties of DeKalb, Rockdale, and 
     Henry in the State, as generally depicted on the map entitled 
     ``Arabia Mountain National Heritage Area'', numbered AMNHA-
     80,000, and dated October 2003.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (d) Local Coordinating Entity.--The Arabia Mountain 
     Heritage Area Alliance shall be the local coordinating entity 
     for the heritage area.

[[Page 17456]]



     SEC. 235. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING 
                   ENTITY.

       (a) Authorities.--For purposes of developing and 
     implementing the management plan, the local coordinating 
     entity may--
       (1) make grants to, and enter into cooperative agreements 
     with, the State, political subdivisions of the State, and 
     private organizations;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.
       (b) Duties.--
       (1) Management plan.--
       (A) In general.--The local coordinating entity shall 
     develop and submit to the Secretary the management plan.
       (B) Considerations.--In developing and implementing the 
     management plan, the local coordinating entity shall consider 
     the interests of diverse governmental, business, and 
     nonprofit groups within the heritage area.
       (2) Priorities.--The local coordinating entity shall give 
     priority to implementing actions described in the management 
     plan, including the following:
       (A) Assisting units of government and nonprofit 
     organizations in preserving resources within the heritage 
     area.
       (B) Encouraging local governments to adopt land use 
     policies consistent with the management of the heritage area 
     and the goals of the management plan.
       (3) Public meetings.--The local coordinating entity shall 
     conduct public meetings at least quarterly on the 
     implementation of the management plan.
       (4) Annual report.--For any year in which Federal funds 
     have been made available under this subtitle, the local 
     coordinating entity shall submit to the Secretary an annual 
     report that describes the following:
       (A) The accomplishments of the local coordinating entity.
       (B) The expenses and income of the local coordinating 
     entity.
       (5) Audit.--The local coordinating entity shall--
       (A) make available to the Secretary for audit all records 
     relating to the expenditure of Federal funds and any matching 
     funds; and
       (B) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available to the Secretary for 
     audit all records concerning the expenditure of those funds.
       (c) Use of Federal Funds.--
       (1) In general.--The local coordinating entity shall not 
     use Federal funds made available under this subtitle to 
     acquire real property or an interest in real property.
       (2) Other sources.--Nothing in this subtitle precludes the 
     local coordinating entity from using Federal funds made 
     available under other Federal laws for any purpose for which 
     the funds are authorized to be used.

     SEC. 236. MANAGEMENT PLAN.

       (a) In General.--The local coordinating entity shall 
     develop a management plan for the heritage area that 
     incorporates an integrated and cooperative approach to 
     protect, interpret, and enhance the natural, cultural, 
     historical, scenic, and recreational resources of the 
     heritage area.
       (b) Basis.--The management plan shall be based on the 
     preferred concept in the document entitled ``Arabia Mountain 
     National Heritage Area Feasibility Study'', dated February 
     28, 2001.
       (c) Consideration of Other Plans and Actions.--The 
     management plan shall--
       (1) take into consideration State and local plans; and
       (2) involve residents, public agencies, and private 
     organizations in the heritage area.
       (d) Requirements.--The management plan shall include the 
     following:
       (1) An inventory of the resources in the heritage area, 
     including--
       (A) a list of property in the heritage area that--
       (i) relates to the purposes of the heritage area; and
       (ii) should be preserved, restored, managed, or maintained 
     because of the significance of the property; and
       (B) an assessment of cultural landscapes within the 
     heritage area.
       (2) Provisions for the protection, interpretation, and 
     enjoyment of the resources of the heritage area consistent 
     with the purposes of this subtitle.
       (3) An interpretation plan for the heritage area.
       (4) A program for implementation of the management plan 
     that includes--
       (A) actions to be carried out by units of government, 
     private organizations, and public-private partnerships to 
     protect the resources of the heritage area; and
       (B) the identification of existing and potential sources of 
     funding for implementing the plan.
       (5) A description and evaluation of the local coordinating 
     entity, including the membership and organizational structure 
     of the local coordinating entity.
       (e) Submission to Secretary for Approval.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to carry out this subtitle, 
     the local coordinating entity shall submit the management 
     plan to the Secretary for approval.
       (2) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date specified in 
     paragraph (1), the Secretary shall not provide any additional 
     funding under this subtitle until such date as a management 
     plan for the heritage area is submitted to the Secretary.
       (f) Approval and Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after receiving the 
     management plan submitted under subsection (e), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       (2) Action following disapproval.--
       (A) Revision.--If the Secretary disapproves a management 
     plan submitted under paragraph (1), the Secretary shall--
       (i) advise the local coordinating entity in writing of the 
     reasons for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) allow the local coordinating entity to submit to the 
     Secretary revisions to the management plan.
       (B) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subparagraph (A)(iii), the Secretary shall approve or 
     disapprove the revision.
       (g) Revision of Management Plan.--
       (1) In general.--After approval by the Secretary of a 
     management plan, the local coordinating entity shall 
     periodically--
       (A) review the management plan; and
       (B) submit to the Secretary, for review and approval by the 
     Secretary, the recommendations of the local coordinating 
     entity for any revisions to the management plan that the 
     local coordinating entity considers to be appropriate.
       (2) Expenditure of funds.--No funds made available under 
     this subtitle shall be used to implement any revision 
     proposed by the local coordinating entity under paragraph 
     (1)(B) until the Secretary approves the revision.

     SEC. 237. TECHNICAL AND FINANCIAL ASSISTANCE.

       (a) In General.--At the request of the local coordinating 
     entity, the Secretary may provide technical and financial 
     assistance to the heritage area to develop and implement the 
     management plan.
       (b) Priority.--In providing assistance under subsection 
     (a), the Secretary shall give priority to actions that 
     facilitate--
       (1) the conservation of the significant natural, cultural, 
     historical, scenic, and recreational resources that support 
     the purposes of the heritage area; and
       (2) the provision of educational, interpretive, and 
     recreational opportunities that are consistent with the 
     resources and associated values of the heritage area.

     SEC. 238. EFFECT ON CERTAIN AUTHORITY.

       (a) Occupational, Safety, Conservation, and Environmental 
     Regulation.--Nothing in this subtitle--
       (1) imposes an occupational, safety, conservation, or 
     environmental regulation on the heritage area that is more 
     stringent than the regulations that would be applicable to 
     the land described in section 234(b) but for the 
     establishment of the heritage area by section 234(a); or
       (2) authorizes a Federal agency to promulgate an 
     occupational, safety, conservation, or environmental 
     regulation for the heritage area that is more stringent than 
     the regulations applicable to the land described in section 
     234(b) as of the date of enactment of this Act, solely as a 
     result of the establishment of the heritage area by section 
     234(a).
       (b) Land Use Regulation.--Nothing in this subtitle--
       (1) modifies, enlarges, or diminishes any authority of the 
     Federal Government or a State or local government to regulate 
     any use of land as provided for by law (including 
     regulations) in existence on the date of enactment of this 
     Act; or
       (2) grants powers of zoning or land use to the local 
     coordinating entity.

     SEC. 239. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $10,000,000, to remain available 
     until expended, of which not more than $1,000,000 may be 
     authorized to be appropriated for any fiscal year.
       (b) Federal Share.--The Federal share of the cost of any 
     project or activity carried out using funds made available 
     under this subtitle shall not exceed 50 percent.

     SEC. 240. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this subtitle terminates on the date that is 15 years after 
     the date of enactment of this Act.

           Subtitle D--Mormon Pioneer National Heritage Area

     SEC. 251. SHORT TITLE.

       This subtitle may be cited as the ``Mormon Pioneer National 
     Heritage Area Act''.

     SEC. 252. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the historical, cultural, and natural heritage legacies 
     of Mormon colonization and settlement are nationally 
     significant;
       (2) in the area starting along the Highway 89 corridor at 
     the Arizona border, passing through Kane, Garfield, Piute, 
     Sevier, Wayne, and Sanpete Counties in the State of

[[Page 17457]]

     Utah, and terminating in Fairview, Utah, there are a variety 
     of heritage resources that demonstrate--
       (A) the colonization of the western United States; and
       (B) the expansion of the United States as a major world 
     power;
       (3) the great relocation to the western United States was 
     facilitated by--
       (A) the 1,400-mile trek from Illinois to the Great Salt 
     Lake by the Mormon pioneers; and
       (B) the subsequent colonization effort in Nevada, Utah, the 
     southeast corner of Idaho, the southwest corner of Wyoming, 
     large areas of southeastern Oregon, much of southern 
     California, and areas along the eastern border of California;
       (4) the 250-mile Highway 89 corridor from Kanab to 
     Fairview, Utah, contains some of the best features of the 
     Mormon colonization experience in the United States;
       (5) the landscape, architecture, traditions, beliefs, folk 
     life, products, and events along Highway 89 convey the 
     heritage of the pioneer settlement;
       (6) the Boulder Loop, Capitol Reef National Park, Zion 
     National Park, Bryce Canyon National Park, and the Highway 89 
     area convey the compelling story of how early settlers--
       (A) interacted with Native Americans; and
       (B) established towns and cities in a harsh, yet 
     spectacular, natural environment;
       (7) the colonization and settlement of the Mormon settlers 
     opened up vast amounts of natural resources, including coal, 
     uranium, silver, gold, and copper;
       (8) the Mormon colonization played a significant role in 
     the history and progress of the development and settlement of 
     the western United States; and
       (9) the artisans, crafters, innkeepers, outfitters, 
     farmers, ranchers, loggers, miners, historic landscape, 
     customs, national parks, and architecture in the Heritage 
     Area make the Heritage Area unique.
       (b) Purpose.--The purpose of this subtitle is to establish 
     the Heritage Area to--
       (1) foster a close working relationship with all levels of 
     government, the private sector, residents, business 
     interests, and local communities in the State;
       (2) empower communities in the State to conserve, preserve, 
     and enhance the heritage of the communities while 
     strengthening future economic opportunities;
       (3) conserve, interpret, and develop the historical, 
     cultural, natural, and recreational resources within the 
     Heritage Area; and
       (4) expand, foster, and develop heritage businesses and 
     products relating to the cultural heritage of the Heritage 
     Area.

     SEC. 253. DEFINITIONS.

       In this subtitle:
       (1) Alliance.--The term ``Alliance'' means the Utah 
     Heritage Highway 89 Alliance.
       (2) Heritage area.--The term ``Heritage Area'' means the 
     Mormon Pioneer National Heritage Area established by section 
     254(a).
       (3) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 255(a).
       (4) Management plan.--The term ``management plan'' means 
     the plan developed by the local coordinating entity under 
     section 256(a).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Utah.

     SEC. 254. MORMON PIONEER NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Mormon Pioneer 
     National Heritage Area.
       (b) Boundaries.--
       (1) In general.--The boundaries of the Heritage Area shall 
     include areas in the State --
       (A) that are related to the corridors--
       (i) from the Arizona border northward through Kanab, Utah, 
     and to the intersection of Highway 89 and Highway 12, 
     including Highway 12 and Highway 24 as those highways loop 
     off Highway 89 and rejoin Highway 89 at Sigurd;
       (ii) from Highway 89 at the intersection of Highway 12 
     through Panguitch, Junction, Marysvale, and Sevier County to 
     Sigurd;
       (iii) continuing northward along Highway 89 through Axtell 
     and Sterling, Sanpete County, to Fairview, Sanpete County, at 
     the junction with Utah Highway 31; and
       (iv) continuing northward along Highway 89 through Fairview 
     and Thistle Junction, to the junction with Highway 6; and
       (B) including the following communities: Kanab, Mt. Carmel, 
     Orderville, Glendale, Alton, Cannonville, Tropic, 
     Henrieville, Escalante, Boulder, Teasdale, Fruita, 
     Hanksville, Torrey, Bicknell, Loa, Hatch, Panquitch, 
     Circleville, Antimony, Junction, Marysvale, Koosharem, 
     Sevier, Joseph, Monroe, Elsinore, Richfield, Glenwood, 
     Sigurd, Aurora, Salina, Mayfield, Sterling, Gunnison, 
     Fayette, Manti, Ephraim, Spring City, Mt. Pleasant, Moroni, 
     Fountain Green, and Fairview.
       (2) Map.--The Secretary shall prepare a map of the Heritage 
     Area, which shall be on file and available for public 
     inspection in the office of the Director of the National Park 
     Service.
       (3) Notice to local governments.--The local coordinating 
     entity shall provide to the government of each city, town, 
     and county that has jurisdiction over property proposed to be 
     included in the Heritage Area written notice of the proposed 
     inclusion.
       (c) Administration.--The Heritage Area shall be 
     administered in accordance with this subtitle.

     SEC. 255. DESIGNATION OF ALLIANCE AS LOCAL COORDINATING 
                   ENTITY.

       (a) In General.--The Board of Directors of the Alliance 
     shall be the local coordinating entity for the Heritage Area.
       (b) Federal Funding.--
       (1) Authorization to receive funds.--The local coordinating 
     entity may receive amounts made available to carry out this 
     subtitle.
       (2) Disqualification.--If a management plan is not 
     submitted to the Secretary as required under section 256 
     within the time period specified in that section, the local 
     coordinating entity may not receive Federal funding under 
     this subtitle until a management plan is submitted to the 
     Secretary.
       (c) Use of Federal Funds.--The local coordinating entity 
     may, for the purposes of developing and implementing the 
     management plan, use Federal funds made available under this 
     subtitle--
       (1) to make grants to the State, political subdivisions of 
     the State, nonprofit organizations, and other persons;
       (2) to enter into cooperative agreements with or provide 
     technical assistance to the State, political subdivisions of 
     the State, nonprofit organizations, and other organizations;
       (3) to hire and compensate staff;
       (4) to obtain funds from any source under any program or 
     law requiring the recipient of funds to make a contribution 
     in order to receive the funds; and
       (5) to contract for goods and services.
       (d) Prohibition of Acquisition of Real Property.--The local 
     coordinating entity shall not use Federal funds received 
     under this subtitle to acquire real property or any interest 
     in real property.

     SEC. 256. MANAGEMENT OF THE HERITAGE AREA.

       (a) Heritage Area Management Plan.--
       (1) Development and submission for review.--Not later than 
     3 years after the date on which funds are made available to 
     carry out the subtitle, the local coordinating entity, with 
     public participation, shall develop and submit for review to 
     the Secretary a management plan for the Heritage Area.
       (2) Contents.--The management plan shall--
       (A) present comprehensive recommendations for the 
     conservation, funding, management, and development of the 
     Heritage Area;
       (B) take into consideration Federal, State, county, and 
     local plans;
       (C) involve residents, public agencies, and private 
     organizations in the Heritage Area;
       (D) include a description of actions that units of 
     government and private organizations are recommended to take 
     to protect the resources of the Heritage Area;
       (E) specify existing and potential sources of Federal and 
     non-Federal funding for the conservation, management, and 
     development of the Heritage Area; and
       (F) include--
       (i) an inventory of resources in the Heritage Area that--

       (I) includes a list of property in the Heritage Area that 
     should be conserved, restored, managed, developed, or 
     maintained because of the historical, cultural, or natural 
     significance of the property as the property relates to the 
     themes of the Heritage Area; and
       (II) does not include any property that is privately owned 
     unless the owner of the property consents in writing to the 
     inclusion;

       (ii) a recommendation of policies for resource management 
     that consider the application of appropriate land and water 
     management techniques, including policies for the development 
     of intergovernmental cooperative agreements to manage the 
     historical, cultural, and natural resources and recreational 
     opportunities of the Heritage Area in a manner that is 
     consistent with the support of appropriate and compatible 
     economic viability;
       (iii) a program for implementation of the management plan, 
     including plans for restoration and construction;
       (iv) a description of any commitments that have been made 
     by persons interested in management of the Heritage Area;
       (v) an analysis of means by which Federal, State, and local 
     programs may best be coordinated to promote the purposes of 
     this subtitle; and
       (vi) an interpretive plan for the Heritage Area.
       (3) Approval or disapproval of the management plan.--
       (A) In general.--Not later than 180 days after submission 
     of the management plan by the local coordinating entity, the 
     Secretary shall approve or disapprove the management plan.
       (B) Disapproval and revisions.--
       (i) In general.--If the Secretary disapproves the 
     management plan, the Secretary shall--

       (I) advise the local coordinating entity, in writing, of 
     the reasons for the disapproval; and
       (II) make recommendations for revision of the management 
     plan.

       (ii) Approval or disapproval.--The Secretary shall approve 
     or disapprove proposed revisions to the management plan not 
     later

[[Page 17458]]

     than 60 days after receipt of the revisions from the local 
     coordinating entity.
       (b) Priorities.--The local coordinating entity shall give 
     priority to the implementation of actions, goals, and 
     policies set forth in the management plan, including--
       (1) assisting units of government, regional planning 
     organizations, and nonprofit organizations in--
       (A) conserving the historical, cultural, and natural 
     resources of the Heritage Area;
       (B) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (C) developing recreational opportunities in the Heritage 
     Area;
       (D) increasing public awareness of and appreciation for the 
     historical, cultural, and natural resources of the Heritage 
     Area;
       (E) restoring historic buildings that are--
       (i) located within the boundaries of the Heritage Area; and
       (ii) related to the theme of the Heritage Area; and
       (F) ensuring that clear, consistent, and environmentally 
     appropriate signs identifying access points and sites of 
     interest are put in place throughout the Heritage Area; and
       (2) consistent with the goals of the management plan, 
     encouraging economic viability in the affected communities by 
     appropriate means, including encouraging and soliciting the 
     development of heritage products.
       (c) Consideration of Interests of Local Groups.--In 
     developing and implementing the management plan, the local 
     coordinating entity shall consider the interests of diverse 
     units of government, businesses, private property owners, and 
     nonprofit organizations in the Heritage Area.
       (d) Public Meetings.--The local coordinating entity shall 
     conduct public meetings at least annually regarding the 
     implementation of the management plan.
       (e) Annual Reports.--For any fiscal year in which the local 
     coordinating entity receives Federal funds under this 
     subtitle, the local coordinating entity shall submit to the 
     Secretary an annual report that describes--
       (1) the accomplishments of the local coordinating entity;
       (2) the expenses and income of the local coordinating 
     entity; and
       (3) the entities to which the local coordinating entity 
     made any grants during the year for which the report is made.
       (f) Cooperation With Audits.--For any fiscal year in which 
     the local coordinating entity receives Federal funds under 
     this subtitle, the local coordinating entity shall--
       (1) make available for audit by Congress, the Secretary, 
     and appropriate units of government all records and other 
     information relating to the expenditure of the Federal funds 
     and any matching funds; and
       (2) require, with respect to all agreements authorizing 
     expenditure of the Federal funds by other organizations, that 
     the receiving organizations make available for audit all 
     records and other information relating to the expenditure of 
     the Federal funds.
       (g) Delegation.--
       (1) In general.--The local coordinating entity may delegate 
     the responsibilities and actions under this subtitle for each 
     area identified in section 254(b)(1).
       (2) Review.--All delegated responsibilities and actions are 
     subject to review and approval by the local coordinating 
     entity.

     SEC. 257. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

       (a) Technical Assistance and Grants.--
       (1) In general.--The Secretary may provide technical 
     assistance and, subject to the availability of 
     appropriations, grants to--
       (A) units of government, nonprofit organizations, and other 
     persons, at the request of the local coordinating entity; and
       (B) the local coordinating entity, for use in developing 
     and implementing the management plan.
       (2) Prohibition of certain requirements.--The Secretary may 
     not, as a condition of the award of technical assistance or 
     grants under this subtitle, require any recipient of the 
     technical assistance or a grant to enact or modify any land 
     use restriction.
       (3) Determinations regarding assistance.--The Secretary 
     shall determine whether a unit of government, nonprofit 
     organization, or other person shall be awarded technical 
     assistance or grants and the amount of technical assistance--
       (A) based on the extent to which the assistance--
       (i) fulfills the objectives of the management plan; and
       (ii) achieves the purposes of this subtitle; and
       (B) after giving special consideration to projects that 
     provide a greater leverage of Federal funds.
       (b) Provision of Information.--In cooperation with other 
     Federal agencies, the Secretary shall provide the public with 
     information concerning the location and character of the 
     Heritage Area.
       (c) Other Assistance.--The Secretary may enter into 
     cooperative agreements with public and private organizations 
     for the purposes of implementing this subtitle.
       (d) Duties of Other Federal Agencies.--A Federal entity 
     conducting any activity directly affecting the Heritage Area 
     shall--
       (1) consider the potential effect of the activity on the 
     management plan; and
       (2) consult with the local coordinating entity with respect 
     to the activity to minimize the adverse effects of the 
     activity on the Heritage Area.

     SEC. 258. NO EFFECT ON LAND USE AUTHORITY AND PRIVATE 
                   PROPERTY.

       (a) No Effect on Land Use Authority.--Nothing in this 
     subtitle modifies, enlarges, or diminishes any authority of 
     Federal, State, or local government to regulate any use of 
     land under any other law (including regulations).
       (b) No Zoning or Land Use Powers.--Nothing in this subtitle 
     grants powers of zoning or land use control to the local 
     coordinating entity.
       (c) Local Authority and Private Property Not Affected.--
     Nothing in this subtitle affects or authorizes the local 
     coordinating entity to interfere with--
       (1) the right of any person with respect to private 
     property; or
       (2) any local zoning ordinance or land use plan of the 
     State or a political subdivision of the State.

     SEC. 259. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $10,000,000, to remain available 
     until expended, of which not more than $1,000,000 may be 
     authorized to be appropriated for any fiscal year.
       (b) Federal Share.--The Federal share of the cost of any 
     activity carried out using funds made available under this 
     subtitle shall not exceed 50 percent.

     SEC. 260. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this subtitle terminates on the date that is 15 years after 
     the date of enactment of this Act.

           Subtitle E--Bleeding Kansas National Heritage Area

     SEC. 261. SHORT TITLE.

       This subtitle may be cited as the ``Bleeding Kansas 
     National Heritage Area Act''.

     SEC. 262. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) The Bleeding Kansas National Heritage Area is a 
     cohesive assemblage of natural, historic, cultural, and 
     recreational resources that--
       (A) together represent distinctive aspects of American 
     heritage worthy of recognition, conservation, interpretation, 
     and continuing use;
       (B) are best managed through partnerships between private 
     and public entities; and
       (C) will build upon the Kansas rural development policy and 
     the new homestead act to recognize inherent strengths of 
     small towns and rural communities--close-knit communities, 
     strong local business networks, and a tradition of 
     entrepreneurial creativity.
       (2) The Bleeding Kansas National Heritage Area reflects 
     traditions, customs, beliefs, folk life, or some combination 
     thereof, that are a valuable part of the heritage of the 
     United States.
       (3) The Bleeding Kansas National Heritage Area provides 
     outstanding opportunities to conserve natural, cultural, or 
     historic features, or some combination thereof.
       (4) The Bleeding Kansas National Heritage Area provides 
     outstanding recreational and interpretive opportunities.
       (5) The Bleeding Kansas National Heritage Area has an 
     identifiable theme, and resources important to the theme 
     retain integrity capable of supporting interpretation.
       (6) Residents, nonprofit organizations, other private 
     entities, and units of local government throughout the 
     Bleeding Kansas National Heritage Area demonstrate support 
     for designation of the Bleeding Kansas National Heritage Area 
     as a national heritage area and for management of the 
     Bleeding Kansas National Heritage Area as appropriate for 
     such designation.
       (7) Capturing these interconnected stories through 
     partnerships with National Park Service sites, Kansas State 
     Historical Society sites, local organizations, and citizens 
     will augment the story opportunities within the prospective 
     boundary for the educational and recreational benefit of this 
     and future generations of Americans.
       (8) Communities throughout this region know the value of 
     their Bleeding Kansas legacy, but require expansion of the 
     existing cooperative framework to achieve key preservation, 
     education, and other significant goals by working more 
     closely together.
       (9) The State of Kansas officially recognized the national 
     significance of the Bleeding Kansas story when it designated 
     the heritage area development as a significant strategic goal 
     within the statewide economic development plan.
       (10) Territorial Kansas Heritage Alliance is a nonprofit 
     corporation created for the purposes of preserving, 
     interpreting, developing, promoting and, making available to 
     the public the story and resources related to the story of 
     Bleeding Kansas and the Enduring Struggle for Freedom.
       (11) Territorial Kansas Heritage Alliance has completed a 
     study that--
       (A) describes in detail the role, operation, financing, and 
     functions of Territorial Kansas Heritage Alliance, the local 
     coordinating entity; and
       (B) provides adequate assurances that Territorial Kansas 
     Heritage Alliance, the local

[[Page 17459]]

     coordinating entity, is likely to have the financial 
     resources necessary to implement the management plan for the 
     Heritage Area, including resources to meet matching 
     requirement for grants.
       (12) There are at least 7 National Historic Landmarks, 32 
     National Register properties, 3 Kansas Register properties, 
     and 7 properties listed on the National Underground Railroad 
     Network to Freedom that contribute to the Heritage Area as 
     well as other significant properties that have not been 
     designated at this time.
       (13) There is an interest in interpreting all sides of the 
     Bleeding Kansas story that requires further work with several 
     counties in Missouri interested in joining the area.
       (14) In 2004, the State of Kansas commemorated the 
     Sesquicentennial of the signing of the Kansas-Nebraska Act, 
     opening the territory to settlement.
       (b) Purposes.--The purposes of this subtitle are as 
     follows:
       (1) To designate a region in eastern Kansas and western 
     Missouri containing nationally important natural, historic, 
     and cultural resources and recreational and educational 
     opportunities that are geographically assembled and 
     thematically related as areas that provide unique frameworks 
     for understanding the great and diverse character of the 
     United States and the development of communities and their 
     surroundings as the Bleeding Kansas National Heritage Area.
       (2) To strengthen, complement, and support the Fort Scott, 
     Brown v. Board of Education, Nicodemus and Tallgrass Prairie 
     sites through the interpretation and conservation of the 
     associated living landscapes outside of the boundaries of 
     these units of the National Park System.
       (3) To describe the extent of Federal responsibilities and 
     duties in regard to the Heritage Area.
       (4) To further collaboration and partnerships among 
     Federal, State, and local governments, nonprofit 
     organizations, and the private sector, or combinations 
     thereof, to conserve and manage the resources and 
     opportunities in the Heritage Area through grants, technical 
     assistance, training and other means.
       (5) To authorize Federal financial and technical assistance 
     to the local coordinating entity to assist in the 
     conservation and interpretation of the Heritage Area.
       (6) To empower communities and organizations in Kansas to 
     preserve the special historic identity of Bleeding Kansas and 
     with it the identity of the Nation.
       (7) To provide for the management, preservation, 
     protection, and interpretation of the natural, historical, 
     and cultural resources within the region for the educational 
     and inspirational benefit of current and future generations.
       (8) To provide greater community capacity through inter-
     local cooperation.
       (9) To provide a vehicle, particularly in the four counties 
     with high out-migration of population, to recognize that 
     self-reliance and resilience will be the keys to their 
     economic future.
       (10) To build upon the Kansas rural development policy, the 
     Kansas agritourism initiative and the new homestead act to 
     recognize inherent strengths of small towns and rural 
     communities--close-knit communities, strong local business 
     networks, and a tradition of entrepreneurial creativity.
       (11) To educate and cultivate among its citizens, 
     particularly its youth, the stories and cultural resources of 
     the region's legacy that--
       (A) reflect the popular phrase ``Bleeding Kansas'' 
     describing the conflict over slavery that became nationally 
     prominent in Kansas just before and during the American Civil 
     War;
       (B) reflect the commitment of American settlers who first 
     fought and killed to uphold their different and 
     irreconcilable principles of freedom and equality during the 
     years of the Kansas Conflict;
       (C) reflect the struggle for freedom, experienced during 
     the ``Bleeding Kansas'' era, that continues to be a vital and 
     pressing issue associated with the real problem of democratic 
     nation building; and
       (D) recreate the physical environment revealing its impact 
     on agriculture, transportation, trade and business, and 
     social and cultural patterns in urban and rural settings.
       (12) To interpret the effect of the era's democratic ethos 
     on the development of America's distinctive political 
     culture.

     SEC. 263. DEFINITIONS.

       In this subtitle:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Bleeding Kansas and the Enduring Struggle for Freedom 
     National Heritage Area in eastern Kansas and western 
     Missouri.
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means Territorial Kansas Heritage 
     Alliance, recognized by the Secretary, in consultation with 
     the Governors of the States, that agrees to perform the 
     duties of a local coordinating entity under this subtitle.
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 264(e).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means each of the States of 
     Kansas and Missouri.
       (6) Unit of local government.--The term ``unit of local 
     government'' means the government of a State, a political 
     subdivision of a State, or an Indian tribe.

     SEC. 264. BLEEDING KANSAS AND THE ENDURING STRUGGLE FOR 
                   FREEDOM NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established in the States the 
     Bleeding Kansas and the Enduring Struggle for Freedom 
     National Heritage Area.
       (b) Boundaries.--The Heritage Area may include the 
     following:
       (1) An area located in eastern Kansas and western Missouri, 
     consisting of--
       (A) Allen, Anderson, Atchison, Bourbon, Chantauqua, 
     Cherokee, Clay, Coffey, Crawford, Douglas, Franklin, Geary, 
     Jackson, Johnson, Labette, Leavenworth, Linn, Miami, Neosho, 
     Pottawatomie, Riley, Shawnee, Wabaunsee, Wilson, Woodson, 
     Wyandotte Counties in Kansas; and
       (B) Buchanan, Platte, Clay, Ray, Lafayette, Jackson, Cass, 
     Johnson, Bates, Vernon, Barton, and Jasper Counties in 
     Missouri.
       (2) Contributing sites, buildings, and districts within the 
     area that are recommended by the management plan.
       (c) Map.--The final boundary of the Heritage Area within 
     the counties identified in subsection (b)(1) shall be 
     specified in the management plan. A map of the Heritage Area 
     shall be included in the management plan. The map shall be on 
     file in the appropriate offices of the National Park Service, 
     Department of the Interior.
       (d) Local Coordinating Entity.--
       (1) In general.--The local coordinating entity for the 
     Heritage Area shall be Territorial Kansas Heritage Alliance, 
     a nonprofit organization established in the State of Kansas, 
     recognized by the Secretary, in consultation with the 
     Governors of the States, that agrees to perform the duties of 
     the local coordinating entity under this subtitle.
       (2) Authorities.--For purposes of developing and 
     implementing the management plan, the local coordinating 
     entity may--
       (A) make grants to, and enter into cooperative agreements 
     with, the States, political subdivisions of the States, and 
     private organizations;
       (B) hire and compensate staff; and
       (C) enter into contracts for goods and services.
       (e) Management Plan.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to carry out this subtitle, 
     the local coordinating entity shall develop and submit to the 
     Secretary a management plan reviewed by participating units 
     of local government within the boundaries of the proposed 
     Heritage Area.
       (2) Contents.--The management plan shall--
       (A) present a comprehensive program for the conservation, 
     interpretation, funding, management, and development of the 
     Heritage Area, in a manner consistent with the existing 
     local, State, and Federal land use laws and compatible 
     economic viability of the Heritage Area;
       (B) establish criteria or standards to measure what is 
     selected for conservation, interpretation, funding, 
     management, and development;
       (C) involve residents, public agencies, and private 
     organizations working in the Heritage Area;
       (D) specify and coordinate, as of the date of the 
     management plan, existing and potential sources of technical 
     and financial assistance under this and other Federal laws to 
     protect, manage, and develop the Heritage Area; and
       (E) include--
       (i) actions to be undertaken by units of government and 
     private organizations to protect, conserve, and interpret the 
     resources of the Heritage Area;
       (ii) an inventory of the resources contained in the 
     Heritage Area, including a list of any property in the 
     Heritage Area that is related to the themes of the Heritage 
     Area and that meets the establishing criteria (such as, but 
     not exclusive to, visitor readiness) to merit preservation, 
     restoration, management, development, or maintenance because 
     of its natural, cultural, historical, or recreational 
     significance;
       (iii) policies for resource management including the 
     development of intergovernmental cooperative agreements, 
     private sector agreements, or any combination thereof, to 
     protect the historical, cultural, recreational, and natural 
     resources of the Heritage Area in a manner consistent with 
     supporting appropriate and compatible economic viability;
       (iv) a program for implementation of the management plan by 
     the designated local coordinating entity, in cooperation with 
     its partners and units of local government;
       (v) evidence that relevant State, county, and local plans 
     applicable to the Heritage Area have been taken into 
     consideration;
       (vi) an analysis of ways in which local, State, and Federal 
     programs may best be coordinated to promote the purposes of 
     this subtitle; and
       (vii) a business plan that--

       (I) describes in detail the role, operation, financing, and 
     functions of the local coordinating entity for each activity 
     included in

[[Page 17460]]

     the recommendations contained in the management plan; and
       (II) provides, to the satisfaction of the Secretary, 
     adequate assurances that the local coordinating entity is 
     likely to have the financial resources necessary to implement 
     the management plan for the Heritage Area, including 
     resources to meet matching requirement for grants awarded 
     under this subtitle.

       (3) Considerations.--In developing and implementing the 
     management plan, the local coordinating entity shall consider 
     the interests of diverse governmental, business, and 
     nonprofit groups within the Heritage Area.
       (4) Disqualification from funding.--If a proposed 
     management plan is not submitted to the Secretary within 3 
     years after the date on which funds are made available to 
     carry out this subtitle, the local coordinating entity shall 
     be ineligible to receive additional funding under this 
     subtitle until the date on which the Secretary receives the 
     proposed management plan.
       (5) Approval and disapproval of management plan.--The 
     Secretary shall approve or disapprove the proposed management 
     plan submitted under this subtitle not later than 90 days 
     after receiving such proposed management plan.
       (6) Action following disapproval.--If the Secretary 
     disapproves a proposed management plan, the Secretary shall 
     advise the local coordinating entity in writing of the 
     reasons for the disapproval and shall make recommendations 
     for revisions to the proposed management plan. The Secretary 
     shall approve or disapprove a proposed revision within 90 
     days after the date it is submitted.
       (7) Approval of amendments.--The Secretary shall review and 
     approve substantial amendments to the management plan. Funds 
     appropriated under this subtitle may not be expended to 
     implement any changes made by such amendment until the 
     Secretary approves the amendment.
       (8) Implementation.--
       (A) Priorities.--The local coordinating entity shall give 
     priority to implementing actions described in the mangement 
     plan, including--
       (i) assisting units of government and nonprofit 
     organizations in preserving resources within the Heritage 
     Area; and
       (ii) encouraging local governments to adopt land use 
     policies consistent with the management of the Heritage Area 
     and the goals of the management plan.
       (B) Public meetings.--The local coordinating entity shall 
     conduct public meetings at least quarterly on the 
     implementation of the management plan.
       (f) Public Notice.--The local coordinating entity shall 
     place a notice of each of its public meetings in a newspaper 
     of general circulation in the Heritage Area and shall make 
     the minutes of the meeting available to the public.
       (g) Annual Report.--For any year in which Federal funds 
     have been made available under this subtitle, the local 
     coordinating entity shall submit to the Secretary an annual 
     report that describes--
       (1) the accomplishments of the local coordinating entity; 
     and
       (2) the expenses and income of the local coordinating 
     entity.
       (h) Audit.--The local coordinating entity shall--
       (1) make available to the Secretary for audit all records 
     relating to the expenditure of Federal funds and any matching 
     funds; and
       (2) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available to the Secretary for 
     audit all records concerning the expenditure of the Federal 
     funds and any matching funds.
       (i) Use of federal funds.--
       (1) In general.--The local coordinating entity shall not 
     use Federal funds made available under this subtitle to 
     acquire real property or an interest in real property.
       (2) Other sources.--Nothing in this subtitle precludes the 
     local coordinating entity from using Federal funds made 
     available under other Federal laws for any purpose for which 
     the funds are authorized to be used.

     SEC. 265. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
                   AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) In general.--On the request of the local coordinating 
     entity, the Secretary may provide technical and financial 
     assistance for the development and implementation of the 
     management plan.
       (2) Priority for assistance.--In providing assistance under 
     paragraph (1), the Secretary shall give priority to actions 
     that assist in--
       (A) conserving the significant cultural, historic, and 
     natural resources of the Heritage Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (3) Spending for non-federal property.--The local 
     coordinating entity may expend Federal funds made available 
     under this subtitle on non-Federal property that--
       (A) meets the criteria in the approved management plan; or
       (B) is listed or eligible for listing on the National 
     Register of Historic Places.
       (4) Other assistance.--The Secretary may enter into 
     cooperative agreements with public and private organizations 
     to carry out this subsection.
       (b) Other Federal Agencies.--Any Federal entity conducting 
     or supporting an activity that directly affects the Heritage 
     Area shall--
       (1) consider the potential effect of the activity on the 
     purposes of the Heritage Area and the management plan;
       (2) consult with the local coordinating entity regarding 
     the activity; and
       (3) to the maximum extent practicable, conduct or support 
     the activity to avoid adverse effects on the Heritage Area.
       (c) Other Assistance Not Affected.--This subtitle does not 
     affect the authority of any Federal official to provide 
     technical or financial assistance under any other law.
       (d) Notification of Other Federal Activities.--The head of 
     each Federal agency shall provide to the Secretary and the 
     local coordinating entity, to the extent practicable, advance 
     notice of all activities that may have an impact on the 
     Heritage Area.

     SEC. 266. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this subtitle 
     shall be construed to require any private property owner to 
     permit public access (including Federal, State, or local 
     government access) to such private property. Nothing in this 
     subtitle shall be construed to modify any provision of 
     Federal, State, or local law with regard to public access to 
     or use of private lands.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on such private 
     property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this subtitle shall be construed to modify any authority 
     of Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Areas.--Nothing in this subtitle shall be construed to 
     require the owner of any private property located within the 
     boundaries of the Heritage Area to participate in or be 
     associated with the Heritage Area.
       (e) Land Use Regulation.--
       (1) In general.--The local coordinating entity shall 
     provide assistance and encouragement to State and local 
     governments, private organizations, and persons to protect 
     and promote the resources and values of the Heritage Area.
       (2) Effect.--Nothing in this subtitle--
       (A) affects the authority of the State or local governments 
     to regulate under law any use of land; or
       (B) grants any power of zoning or land use to the local 
     coordinating entity.
       (f) Private Property.--
       (1) In general.--The local coordinating entity shall be an 
     advocate for land management practices consistent with the 
     purposes of the Heritage Area.
       (2) Effect.--Nothing in this subtitle--
       (A) abridges the rights of any person with regard to 
     private property;
       (B) affects the authority of the State or local government 
     regarding private property; or
       (C) imposes any additional burden on any property owner.
       (g) Requirements for Inclusion of Private Property.--
       (1) Notification and consent of property owners required.--
     No privately owned property shall be governed by the 
     management plan for the Heritage Area until the owner of that 
     private property has been notified in writing by the local 
     coordinating entity and has given written consent for such 
     inclusion to the local coordinating entity.
       (2) Landowner withdrawal.--Any owner of private property 
     included within the boundary of the Heritage Area, and not 
     notified under paragraph (1), shall have their property 
     immediately removed from the boundary by submitting a written 
     request to the local coordinating entity.

     SEC. 267. SAVINGS PROVISIONS.

       (a) Rules, Regulations, Standards, and Permit Processes.--
     Nothing in this subtitle shall be construed to impose any 
     environmental, occupational, safety, or other rule, 
     regulation, standard, or permit process in the Heritage Area 
     that is different from those that would be applicable if the 
     Heritage Area had not been established.
       (b) Water and Water Rights.--Nothing in this subtitle shall 
     be construed to authorize or imply the reservation or 
     appropriation of water or water rights.
       (c) No Diminishment of State Authority.--Nothing in this 
     subtitle shall be construed to diminish the authority of the 
     State to manage fish and wildlife, including the regulation 
     of fishing and hunting within the Heritage Area.

     SEC. 268. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $10,000,000, to remain available 
     until expended, of which not more than $1,000,000 may be 
     authorized to be appropriated for any fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this subtitle shall 
     be not more than 50 percent.

[[Page 17461]]



     SEC. 269. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this subtitle terminates on the date that is 15 years after 
     the date of enactment of this Act.

       Subtitle F--Upper Housatonic Valley National Heritage Area

     SEC. 271. SHORT TITLE.

       This subtitle may be cited as the ``Upper Housatonic Valley 
     National Heritage Area Act''.

     SEC. 272. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The upper Housatonic Valley, encompassing 29 towns in 
     the hilly terrain of western Massachusetts and northwestern 
     Connecticut, is a singular geographical and cultural region 
     that has made significant national contributions through its 
     literary, artistic, musical, and architectural achievements, 
     its iron, paper, and electrical equipment industries, and its 
     scenic beautification and environmental conservation efforts.
       (2) The upper Housatonic Valley has 139 properties and 
     historic districts listed on the National Register of 
     Historic Places including--
       (A) 5 National Historic Landmarks, including--
       (i) Edith Wharton's home, The Mount, Lenox, Massachusetts;
       (ii) Herman Melville's home, Arrowhead, Pittsfield, 
     Massachusetts;
       (iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington, 
     Massachusetts;
       (iv) Mission House, Stockbridge, Massachusetts; and
       (v) Crane and Company Old Stone Mill Rag Room, Dalton, 
     Massachusetts; and
       (B) 4 National Natural Landmarks, including--
       (i) Bartholomew's Cobble, Sheffield, Massachusetts, and 
     Salisbury, Connecticut;
       (ii) Beckley Bog, Norfolk, Connecticut;
       (iii) Bingham Bog, Salisbury, Connecticut; and
       (iv) Cathedral Pines, Cornwall, Connecticut.
       (3) Writers, artists, musicians, and vacationers have 
     visited the region for more than 150 years to enjoy its 
     scenic wonders, making it one of the country's leading 
     cultural resorts.
       (4) The upper Housatonic Valley has made significant 
     national cultural contributions through such writers as 
     Herman Melville, Nathaniel Hawthorne, Edith Wharton, and 
     W.E.B. DuBois, artists Daniel Chester French and Norman 
     Rockwell, and the performing arts centers of Tanglewood, 
     Music Mountain, Norfolk (Connecticut) Chamber Music Festival, 
     Jacob's Pillow, and Shakespeare & Company.
       (5) The upper Housatonic Valley is noted for its pioneering 
     achievements in the iron, paper, and electrical generation 
     industries and has cultural resources to interpret those 
     industries.
       (6) The region became a national leader in scenic 
     beautification and environmental conservation efforts 
     following the era of industrialization and deforestation and 
     maintains a fabric of significant conservation areas 
     including the meandering Housatonic River.
       (7) Important historical events related to the American 
     Revolution, Shays' Rebellion, and early civil rights took 
     place in the upper Housatonic Valley.
       (8) The region had an American Indian presence going back 
     10,000 years, and Mohicans had a formative role in contact 
     with Europeans during the 17th and 18th centuries.
       (9) The Upper Housatonic Valley National Heritage Area has 
     been proposed in order to heighten appreciation of the 
     region, preserve its natural and historical resources, and 
     improve the quality of life and economy of the area.
       (b) Purposes.--The purposes of this subtitle are as 
     follows:
       (1) To establish the Upper Housatonic Valley National 
     Heritage Area in the State of Connecticut and the 
     Commonwealth of Massachusetts.
       (2) To implement the national heritage area alternative as 
     described in the document entitled ``Upper Housatonic Valley 
     National Heritage Area Feasibility Study, 2003''.
       (3) To provide a management framework to foster a close 
     working relationship with all levels of government, the 
     private sector, and the local communities in the upper 
     Housatonic Valley region to conserve the region's heritage 
     while continuing to pursue compatible economic opportunities.
       (4) To assist communities, organizations, and citizens in 
     the State of Connecticut and the Commonwealth of 
     Massachusetts in identifying, preserving, interpreting, and 
     developing the historical, cultural, scenic, and natural 
     resources of the region for the educational and inspirational 
     benefit of current and future generations.

     SEC. 273. DEFINITIONS.

       In this subtitle:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Upper Housatonic Valley National Heritage Area, established 
     by section 274.
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 274(d).
       (3) Management plan.--The term ``Management Plan'' means 
     the management plan for the Heritage Area specified in 
     section 276.
       (4) Map.--The term ``map'' means the map entitled 
     ``Boundary Map Upper Housatonic Valley National Heritage 
     Area'', numbered P17/80,000, and dated February 2003.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of 
     Connecticut and the Commonwealth of Massachusetts.

     SEC. 274. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Upper 
     Housatonic Valley National Heritage Area, as depicted on the 
     map.
       (b) Boundaries.--The Heritage Area shall be comprised of--
       (1) part of the Housatonic River's watershed, which extends 
     60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
       (2) the towns of Canaan, Colebrook, Cornwall, Kent, 
     Norfolk, North Canaan, Salisbury, Sharon, and Warren in 
     Connecticut;
       (3) the towns of Alford, Becket, Dalton, Egremont, Great 
     Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, 
     Monterey, Mount Washington, New Marlboro, Pittsfield, 
     Richmond, Sheffield, Stockbridge, Tyringham, Washington, and 
     West Stockbridge in Massachusetts; and
       (4) the land and water within the boundaries of the 
     Heritage Area, as depicted on the map.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service, Department of the Interior.
       (d) Local Coordinating Entity.--The Upper Housatonic Valley 
     National Heritage Area, Inc. shall be the local coordinating 
     entity for the Heritage Area.

     SEC. 275. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE LOCAL 
                   COORDINATING ENTITY.

       (a) Duties of the Local Coordinating Entity.--To further 
     the purposes of the Heritage Area, the local coordinating 
     entity shall--
       (1) prepare and submit a management plan for the Heritage 
     Area to the Secretary in accordance with section 276;
       (2) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (A) carrying out programs and projects that recognize, 
     protect, and enhance important resource values within the 
     Heritage Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (C) developing recreational and educational opportunities 
     in the Heritage Area;
       (D) increasing public awareness of and appreciation for 
     natural, historical, scenic, and cultural resources of the 
     Heritage Area;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with heritage area 
     themes;
       (F) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access and sites of interest are 
     posted throughout the Heritage Area; and
       (G) promoting a wide range of partnerships among 
     governments, organizations and individuals to further the 
     purposes of the Heritage Area;
       (3) consider the interests of diverse units of government, 
     businesses, organizations and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (4) conduct meetings open to the public at least semi-
     annually regarding the development and implementation of the 
     management plan;
       (5) submit an annual report to the Secretary for any fiscal 
     year in which the local coordinating entity receives Federal 
     funds under this subtitle, setting forth its accomplishments, 
     expenses, and income, including grants to any other entities 
     during the year for which the report is made;
       (6) make available for audit for any fiscal year in which 
     it receives Federal funds under this subtitle, all 
     information pertaining to the expenditure of such funds and 
     any matching funds, and require in all agreements authorizing 
     expenditures of Federal funds by other organizations, that 
     the receiving organizations make available for such audit all 
     records and other information pertaining to the expenditure 
     of such funds; and
       (7) encourage by appropriate means economic viability that 
     is consistent with the purposes of the Heritage Area.
       (b) Authorities.--The local coordinating entity may, for 
     the purposes of preparing and implementing the management 
     plan for the Heritage Area, use Federal funds made available 
     through this subtitle to--
       (1) make grants to the State of Connecticut and the 
     Commonwealth of Massachusetts, their political subdivisions, 
     nonprofit organizations and other persons;
       (2) enter into cooperative agreements with or provide 
     technical assistance to the State of Connecticut and the 
     Commonwealth of Massachusetts, their political jurisdictions, 
     nonprofit organizations, and other interested parties;

[[Page 17462]]

       (3) hire and compensate staff, which shall include 
     individuals with expertise in natural, cultural, and 
     historical resources protection, and heritage programming;
       (4) obtain money or services from any source, including any 
     that are provided under any other Federal law or program;
       (5) contract for goods or services; and
       (6) undertake to be a catalyst for any other activity that 
     furthers the purposes of the Heritage Area and is consistent 
     with the approved management plan.
       (c) Prohibitions on the Acquisition of Real Property.--The 
     local coordinating entity shall not use Federal funds 
     received under this subtitle to acquire real property, but 
     may use any other source of funding, including other Federal 
     funding outside this authority, intended for the acquisition 
     of real property.

     SEC. 276. MANAGEMENT PLAN.

       (a) In General.--The management plan for the Heritage Area 
     shall--
       (1) include comprehensive policies, strategies, and 
     recommendations for conservation, funding, management and 
     development of the Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans in the development of the management plan and its 
     implementation;
       (3) include a description of actions that governments, 
     private organizations, and individuals have agreed to take to 
     protect the natural, historical, and cultural resources of 
     the Heritage Area;
       (4) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Area in the 
     first 5 years of implementation;
       (5) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area related to the themes of the Heritage Area 
     that should be preserved, restored, managed, developed, or 
     maintained;
       (6) recommend policies and strategies for resource 
     management that consider and detail the application of 
     appropriate land and water management techniques including, 
     but not limited to, the development of intergovernmental and 
     interagency cooperative agreements to protect the Heritage 
     Area's natural, historical, cultural, educational, scenic, 
     and recreational resources;
       (7) describe a program of implementation for the management 
     plan including plans for resource protection, restoration, 
     construction, and specific commitments for implementation 
     that have been made by the local coordinating entity or any 
     government, organization, or individual for the first 5 years 
     of implementation;
       (8) include an analysis and recommendations for ways in 
     which local, State, and Federal programs, including the role 
     of the National Park Service in the Heritage Area, may best 
     be coordinated to further the purposes of this subtitle; and
       (9) include an interpretive plan for the Heritage Area.
       (b) Deadline and Termination of Funding.--
       (1) Deadline.--Not later than 3 years after funds are made 
     available to carry out this subtitle, the local coordinating 
     entity shall submit the management plan to the Secretary for 
     approval.
       (2) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the local coordinating entity shall not qualify 
     for Federal funding under this subtitle until such time as 
     the management plan is submitted to and approved by the 
     Secretary.

     SEC. 277. DUTIES AND AUTHORITIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--The Secretary may, 
     upon the request of the local coordinating entity, provide 
     technical assistance on a reimbursable or non-reimbursable 
     basis and financial assistance to the Heritage Area to 
     develop and implement the approved management plan. The 
     Secretary is authorized to enter into cooperative agreements 
     with the local coordinating entity and other public or 
     private entities for this purpose. In assisting the Heritage 
     Area, the Secretary shall give priority to actions that in 
     general assist in--
       (1) conserving the significant natural, historical, 
     cultural, and scenic resources of the Heritage Area; and
       (2) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (b) Approval and Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after receiving the 
     management plan, the Secretary shall approve or disapprove 
     the management plan.
       (2) Criteria for approval.--In determining the approval of 
     the management plan, the Secretary shall consider whether--
       (A) the local coordinating entity is representative of the 
     diverse interests of the Heritage Area including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, and recreational 
     organizations;
       (B) the local coordinating entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the management 
     plan;
       (C) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historical, and cultural 
     resources of the Heritage Area; and
       (D) the Secretary has received adequate assurances from the 
     appropriate State and local officials whose support is needed 
     to ensure the effective implementation of the State and local 
     aspects of the management plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan, the Secretary shall advise 
     the local coordinating entity in writing of the reasons 
     therefore and shall make recommendations for revisions to the 
     management plan. Not later than 60 days after the date a 
     proposed revision is submitted, the Secretary shall approve 
     or disapprove the proposed revision.
       (4) Approval of amendments.--Substantial amendments to the 
     management plan shall be reviewed by the Secretary and 
     approved in the same manner as provided for the original 
     management plan. The local coordinating entity shall not use 
     Federal funds authorized by this subtitle to implement any 
     amendments until the Secretary has approved the amendments.

     SEC. 278. DUTIES OF OTHER FEDERAL AGENCIES.

       Any Federal agency conducting or supporting activities 
     directly affecting the Heritage Area shall--
       (1) consult with the Secretary and the local coordinating 
     entity with respect to such activities;
       (2) cooperate with the Secretary and the local coordinating 
     entity in carrying out the duties of the Federal agency under 
     this subtitle and, to the maximum extent practicable, 
     coordinate such activities with the carrying out of such 
     duties; and,
       (3) to the maximum extent practicable, conduct or support 
     such activities in a manner that the local coordinating 
     entity determines will not have an adverse effect on the 
     Heritage Area.

     SEC. 279. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $10,000,000, to remain available 
     until expended, of which not more than $1,000,000 may be 
     authorized to be appropriated for any fiscal year.
       (b) Federal Share.--The Federal share of the total cost of 
     any activity assisted under this subtitle shall not be more 
     than 50 percent.

     SEC. 280. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this subtitle terminates on the date that is 15 years after 
     the date of enactment of this Act.

       Subtitle G--Champlain Valley National Heritage Partnership

     SEC. 281. SHORT TITLE.

       This subtitle may be cited as the ``Champlain Valley 
     National Heritage Partnership Act of 2005''.

     SEC. 282. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Champlain Valley and its extensive cultural and 
     natural resources have played a significant role in the 
     history of the United States and the individual States of 
     Vermont and New York;
       (2) archaeological evidence indicates that the Champlain 
     Valley has been inhabited by humans since the last retreat of 
     the glaciers, with the Native Americans living in the area at 
     the time of European discovery being primarily of Iroquois 
     and Algonquin descent;
       (3) the linked waterways of the Champlain Valley, including 
     the Richelieu River in Canada, played a unique and 
     significant role in the establishment and development of the 
     United States and Canada through several distinct eras, 
     including--
       (A) the era of European exploration, during which Samuel de 
     Champlain and other explorers used the waterways as a means 
     of access through the wilderness;
       (B) the era of military campaigns, including highly 
     significant military campaigns of the French and Indian War, 
     the American Revolution, and the War of 1812; and
       (C) the era of maritime commerce, during which canals 
     boats, schooners, and steamships formed the backbone of 
     commercial transportation for the region;
       (4) those unique and significant eras are best described by 
     the theme ``The Making of Nations and Corridors of 
     Commerce'';
       (5) the artifacts and structures associated with those eras 
     are unusually well-preserved;
       (6) the Champlain Valley is recognized as having one of the 
     richest collections of historical resources in North America;
       (7) the history and cultural heritage of the Champlain 
     Valley are shared with Canada and the Province of Quebec;
       (8) there are benefits in celebrating and promoting this 
     mutual heritage;
       (9) tourism is among the most important industries in the 
     Champlain Valley, and heritage tourism in particular plays a 
     significant role in the economy of the Champlain Valley;
       (10) it is important to enhance heritage tourism in the 
     Champlain Valley while ensuring that increased visitation 
     will not impair the historical and cultural resources of the 
     region;
       (11) according to the 1999 report of the National Park 
     Service entitled ``Champlain Valley Heritage Corridor 
     Project'', ``the Champlain Valley contains resources and

[[Page 17463]]

     represents a theme `The Making of Nations and Corridors of 
     Commerce', that is of outstanding importance in U.S. 
     history''; and
       (12) it is in the interest of the United States to preserve 
     and interpret the historical and cultural resources of the 
     Champlain Valley for the education and benefit of present and 
     future generations.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to establish the Champlain Valley National Heritage 
     Partnership in the States of Vermont and New York to 
     recognize the importance of the historical, cultural, and 
     recreational resources of the Champlain Valley region to the 
     United States;
       (2) to assist the State of Vermont and New York, including 
     units of local government and nongovernmental organizations 
     in the States, in preserving, protecting, and interpreting 
     those resources for the benefit of the people of the United 
     States;
       (3) to encourage--
       (A) partnerships among State and local governments and 
     nongovernmental organizations in the United States; and
       (B) collaboration with Canada and the Province of Quebec 
     to--
       (i) interpret and promote the history of the waterways of 
     the Champlain Valley region;
       (ii) form stronger bonds between the United States and 
     Canada; and
       (iii) promote the international aspects of the Champlain 
     Valley region; and
       (4) to provide financial and technical assistance for the 
     purposes described in paragraphs (1) through (3).

     SEC. 283. DEFINITIONS.

       In this subtitle:
       (1) Heritage partnership.--The term ``Heritage 
     Partnership'' means the Champlain Valley National Heritage 
     Partnership established by section 284(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the Lake Champlain Basin Program.
       (3) Management plan.--The term ``management plan'' means 
     the management plan developed under section 284(b)(B)(i).
       (4) Region.--
       (A) In general.--The term ``region'' means any area or 
     community in 1 of the States in which a physical, cultural, 
     or historical resource that represents the theme is located.
       (B) Inclusions.--The term ``region'' includes
       (i) the linked navigable waterways of--

       (I) Lake Champlain;
       (II) Lake George;
       (III) the Champlain Canal; and
       (IV) the portion of the Upper Hudson River extending south 
     to Saratoga;

       (ii) portions of Grand Isle, Franklin, Chittenden, Addison, 
     Rutland, and Bennington Counties in the State of Vermont; and
       (iii) portions of Clinton, Essex, Warren, Saratoga and 
     Washington Counties in the State of New York.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--the term ``State'' means--
       (A) the State of Vermont; and
       (B) the State of New York.
       (7) Theme.--The term ``theme'' means the theme ``The Making 
     of Nations and Corridors of Commerce'', as the term is used 
     in the 1999 report of the National Park Service entitled 
     ``Champlain Valley Heritage Corridor Project'', that 
     describes the periods of international conflict and maritime 
     commerce during which the region played a unique and 
     significant role in the development of the United States and 
     Canada.

     SEC. 284. HERITAGE PARTNERSHIP.

       (a) Establishment.--There is established in the region the 
     Champlain Valley National Heritage Partnership.
       (b) Local Coordinating Entity.--
       (1) Duties.--
       (A) In general.--The local coordinating entity shall 
     implement the subtitle.
       (B) Management plan.--
       (i) In general.--The local coordinating entity shall 
     develop a management plan for the Heritage Partnership.
       (ii) Existing plan.--Pending the completion and approval of 
     the management plan, the local coordinating entity may 
     implement the provisions of this subtitle based on its 
     federally authorized plan ``Opportunities for Action, an 
     Evolving Plan For Lake Champlain''.
       (iii) Contents.--The management plan shall include--

       (I) recommendations for funding, managing, and developing 
     the Heritage Partnership;
       (II) a description of activities to be carried out by 
     public and private organizations to protect the resources of 
     the Heritage Partnership;
       (III) a list of specific, potential sources of funding for 
     the protection, management, and development of the Heritage 
     Partnership;
       (IV) an assessment of the organizational capacity of the 
     local coordinating entity to achieve the goals for 
     implementation; and
       (V) recommendations of ways in which to encourage 
     collaboration with Canada and the Province of Quebec in 
     implementing this title.

       (iv) Considerations.--In developing the management plan 
     under clause (i), the local coordinating entity shall take 
     into consideration existing Federal, State, and local plans 
     relating to the region.
       (v) Submission to secretary for approval.--

       (I) In general.--Not later than 3 years after the date on 
     which funds are made available to carry out this subtitle, 
     the local coordinating entity shall submit the management 
     plan to the Secretary for approval.
       (II) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date specified in 
     subclause (I), the Secretary shall not provide any additional 
     funding under this subtitle until a management plan for the 
     Heritage Partnership is submitted to the Secretary.

       (vi) Approval.--Not later than 90 days after receiving the 
     management plan submitted under clause (v)(I), the Secretary, 
     in consultation with the States, shall approve or disapprove 
     the management plan.
       (vii) Action following disapproval.--

       (I) General.--If the Secretary disapproves a management 
     plan under clause (vi), the Secretary shall--

       (aa) advise the local coordinating entity in writing of the 
     reasons for the disapproval;
       (bb) make recommendations for revisions to the management 
     plan; and
       (cc) allow the local coordinating entity to submit to the 
     Secretary revisions to the management plan.

       (II) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subclause (I)(cc), the Secretary shall approve or disapprove 
     the revision.

       (viii) Amendment.--

       (I) In general.--After approval by the Secretary of the 
     management plan, the local coordinating entity shall 
     periodically--

       (aa) review the management plan; and
       (bb) submit to the Secretary, for review and approval by 
     the Secretary, the recommendations of the local coordinating 
     entity for any amendments to the management plan that the 
     local coordinating entity considers to be appropriate.

       (II) Expenditure of funds.--No funds made available under 
     this title shall be used to implement any amendment proposed 
     by the local coordinating entity under subclause (I)(bb) 
     until the Secretary approves the amendments.

       (2) Partnerships.--
       (A) In general.--In carrying out this subtitle, the local 
     coordinating entity may enter into partnerships with--
       (i) the States, including units of local governments in the 
     States;
       (ii) nongovernmental organizations;
       (iii) Indian tribes; and
       (iv) other persons in the Heritage Partnership.
       (B) Grants.--Subject to the availability of funds, the 
     local coordinating entity may provide grants to partners 
     under subparagraph (A) to assist in implementing this 
     subtitle.
       (3) Prohibition on the acquisition of real property.--The 
     local coordinating entity shall not use Federal funds made 
     available under this subtitle to acquire real property or any 
     interest in real property.
       (c) Assistance From Secretary.--To carry out the purposes 
     of this subtitle, the Secretary may provide technical and 
     financial assistance to the local coordinating entity.

     SEC. 285. EFFECT.

       Nothing in this subtitle--
       (1) grants powers of zoning or land use to the local 
     coordinating entity;
       (2) modifies, enlarges, or diminishes the authority of the 
     Federal Government or a State or local government to manage 
     or regulate any use of land under any law (including 
     regulations); or
       (3) obstructs or limits private business development 
     activities or resource development activities.

     SEC. 286. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title not more than a total of $10,000,000, to 
     remain available until expended, of which not more than 
     $1,000,000 may be authorized to be appropriated for any 
     fiscal year.
       (b) Non-Federal Share.--The Federal share of the total cost 
     of any activity assisted under this subtitle shall not be 
     more than 50 percent.

     SEC. 287. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this subtitle terminates on the date that is 15 years after 
     the date of enactment of this Act.

            Subtitle H--Great Basin National Heritage Route

     SEC. 291. SHORT TITLE.

       This subtitle may be cited as the ``Great Basin National 
     Heritage Route Act''.

     SEC. 291A. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the natural, cultural, and historic heritage of the 
     North American Great Basin is nationally significant;
       (2) communities along the Great Basin Heritage Route 
     (including the towns of Delta, Utah, Ely, Nevada, and the 
     surrounding communities) are located in a classic western 
     landscape that contains long natural vistas, isolated high 
     desert valleys, mountain ranges, ranches, mines, historic 
     railroads, archaeological sites, and tribal communities;
       (3) the Native American, pioneer, ranching, mining, timber, 
     and railroad heritages associated with the Great Basin 
     Heritage Route

[[Page 17464]]

     include the social history and living cultural traditions of 
     a rich diversity of nationalities;
       (4) the pioneer, Mormon, and other religious settlements, 
     and ranching, timber, and mining activities of the region 
     played and continue to play a significant role in the 
     development of the United States, shaped by--
       (A) the unique geography of the Great Basin;
       (B) an influx of people of Greek, Chinese, Basque, Serb, 
     Croat, Italian, and Hispanic descent; and
       (C) a Native American presence (Western Shoshone, Northern 
     and Southern Paiute, and Goshute) that continues in the Great 
     Basin today;
       (5) the Great Basin housed internment camps for Japanese-
     American citizens during World War II, 1 of which, Topaz, was 
     located along the Heritage Route;
       (6) the pioneer heritage of the Heritage Route includes the 
     Pony Express route and stations, the Overland Stage, and many 
     examples of 19th century exploration of the western United 
     States;
       (7) the Native American heritage of the Heritage Route 
     dates back thousands of years and includes--
       (A) archaeological sites;
       (B) petroglyphs and pictographs;
       (C) the westernmost village of the Fremont culture; and
       (D) communities of Western Shoshone, Paiute, and Goshute 
     tribes;
       (8) the Heritage Route contains multiple biologically 
     diverse ecological communities that are home to exceptional 
     species such as--
       (A) bristlecone pines, the oldest living trees in the 
     world;
       (B) wildlife adapted to harsh desert conditions;
       (C) unique plant communities, lakes, and streams; and
       (D) native Bonneville cutthroat trout;
       (9) the air and water quality of the Heritage Route is 
     among the best in the United States, and the clear air 
     permits outstanding viewing of the night skies;
       (10) the Heritage Route includes unique and outstanding 
     geologic features such as numerous limestone caves, classic 
     basin and range topography with playa lakes, alluvial fans, 
     volcanics, cold and hot springs, and recognizable features of 
     ancient Lake Bonneville;
       (11) the Heritage Route includes an unusual variety of open 
     space and recreational and educational opportunities because 
     of the great quantity of ranching activity and public land 
     (including city, county, and State parks, national forests, 
     Bureau of Land Management land, and a national park);
       (12) there are significant archaeological, historical, 
     cultural, natural, scenic, and recreational resources in the 
     Great Basin to merit the involvement of the Federal 
     Government in the development, in cooperation with the Great 
     Basin Heritage Route Partnership and other local and 
     governmental entities, of programs and projects to--
       (A) adequately conserve, protect, and interpret the 
     heritage of the Great Basin for present and future 
     generations; and
       (B) provide opportunities in the Great Basin for education; 
     and
       (13) the Great Basin Heritage Route Partnership shall serve 
     as the local coordinating entity for a Heritage Route 
     established in the Great Basin.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to foster a close working relationship with all levels 
     of government, the private sector, and the local communities 
     within White Pine County, Nevada, Millard County, Utah, and 
     the Duckwater Shoshone Reservation;
       (2) to enable communities referred to in paragraph (1) to 
     conserve their heritage while continuing to develop economic 
     opportunities; and
       (3) to conserve, interpret, and develop the archaeological, 
     historical, cultural, natural, scenic, and recreational 
     resources related to the unique ranching, industrial, and 
     cultural heritage of the Great Basin, in a manner that 
     promotes multiple uses permitted as of the date of enactment 
     of this Act, without managing or regulating land use.

     SEC. 291B. DEFINITIONS.

       In this subtitle:
       (1) Great basin.--The term ``Great Basin'' means the North 
     American Great Basin.
       (2) Heritage route.--The term ``Heritage Route'' means the 
     Great Basin National Heritage Route established by section 
     291C(a).
       (3) Local coordinating entity.--The term ``local 
     coordinating entity'' means the Great Basin Heritage Route 
     Partnership established by section 291C(c).
       (4) Management plan.--The term ``management plan'' means 
     the plan developed by the local coordinating entity under 
     section 291E(a).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.

     SEC. 291C. GREAT BASIN NATIONAL HERITAGE ROUTE.

       (a) Establishment.--There is established the Great Basin 
     National Heritage Route to provide the public with access to 
     certain historical, cultural, natural, scenic, and 
     recreational resources in White Pine County, Nevada, Millard 
     County, Utah, and the Duckwater Shoshone Reservation in the 
     State of Nevada, as designated by the local coordinating 
     entity.
       (b) Boundaries.--The local coordinating entity shall 
     determine the specific boundaries of the Heritage Route.
       (c) Local Coordinating Entity.--
       (1) In general.--The Great Basin Heritage Route Partnership 
     shall serve as the local coordinating entity for the Heritage 
     Route.
       (2) Board of directors.--The Great Basin Heritage Route 
     Partnership shall be governed by a board of directors that 
     consists of--
       (A) 4 members who are appointed by the Board of County 
     Commissioners for Millard County, Utah;
       (B) 4 members who are appointed by the Board of County 
     Commissioners for White Pine County, Nevada; and
       (C) a representative appointed by each Native American 
     Tribe participating in the Heritage Route.

     SEC. 291D. MEMORANDUM OF UNDERSTANDING.

       (a) In General.--In carrying out this subtitle, the 
     Secretary, in consultation with the Governors of the States 
     of Nevada and Utah and the tribal government of each Indian 
     tribe participating in the Heritage Route, shall enter into a 
     memorandum of understanding with the local coordinating 
     entity.
       (b) Inclusions.--The memorandum of understanding shall 
     include information relating to the objectives and management 
     of the Heritage Route, including--
       (1) a description of the resources of the Heritage Route;
       (2) a discussion of the goals and objectives of the 
     Heritage Route, including--
       (A) an explanation of the proposed approach to 
     conservation, development, and interpretation; and
       (B) a general outline of the anticipated protection and 
     development measures;
       (3) a description of the local coordinating entity;
       (4) a list and statement of the financial commitment of the 
     initial partners to be involved in developing and 
     implementing the management plan; and
       (5) a description of the role of the States of Nevada and 
     Utah in the management of the Heritage Route.
       (c) Additional Requirements.--In developing the terms of 
     the memorandum of understanding, the Secretary and the local 
     coordinating entity shall--
       (1) provide opportunities for local participation; and
       (2) include terms that ensure, to the maximum extent 
     practicable, timely implementation of all aspects of the 
     memorandum of understanding.
       (d) Amendments.--
       (1) In general.--The Secretary shall review any amendments 
     of the memorandum of understanding proposed by the local 
     coordinating entity or the Governor of the State of Nevada or 
     Utah.
       (2) Use of funds.--Funds made available under this subtitle 
     shall not be expended to implement a change made by a 
     proposed amendment described in paragraph (1) until the 
     Secretary approves the amendment.

     SEC. 291E. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date on 
     which funds are made available to carry out this subtitle, 
     the local coordinating entity shall develop and submit to the 
     Secretary for approval a management plan for the Heritage 
     Route that--
       (1) specifies--
       (A) any resources designated by the local coordinating 
     entity under section 291C(a); and
       (B) the specific boundaries of the Heritage Route, as 
     determined under section 291C(b); and
       (2) presents clear and comprehensive recommendations for 
     the conservation, funding, management, and development of the 
     Heritage Route.
       (b) Considerations.--In developing the management plan, the 
     local coordinating entity shall--
       (1) provide for the participation of local residents, 
     public agencies, and private organizations located within the 
     counties of Millard County, Utah, White Pine County, Nevada, 
     and the Duckwater Shoshone Reservation in the protection and 
     development of resources of the Heritage Route, taking into 
     consideration State, tribal, county, and local land use plans 
     in existence on the date of enactment of this Act;
       (2) identify sources of funding;
       (3) include--
       (A) a program for implementation of the management plan by 
     the local coordinating entity, including--
       (i) plans for restoration, stabilization, rehabilitation, 
     and construction of public or tribal property; and
       (ii) specific commitments by the identified partners 
     referred to in section 291D(b)(4) for the first 5 years of 
     operation; and
       (B) an interpretation plan for the Heritage Route; and
       (4) develop a management plan that will not infringe on 
     private property rights without the consent of the owner of 
     the private property.
       (c) Failure to Submit.--If the local coordinating entity 
     fails to submit a management plan to the Secretary in 
     accordance with subsection (a), the Heritage Route shall no 
     longer qualify for Federal funding.

[[Page 17465]]

       (d) Approval and Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after receipt of a 
     management plan under subsection (a), the Secretary, in 
     consultation with the Governors of the States of Nevada and 
     Utah, shall approve or disapprove the management plan.
       (2) Criteria.--In determining whether to approve a 
     management plan, the Secretary shall consider whether the 
     management plan--
       (A) has strong local support from a diversity of 
     landowners, business interests, nonprofit organizations, and 
     governments associated with the Heritage Route;
       (B) is consistent with and complements continued economic 
     activity along the Heritage Route;
       (C) has a high potential for effective partnership 
     mechanisms;
       (D) avoids infringing on private property rights; and
       (E) provides methods to take appropriate action to ensure 
     that private property rights are observed.
       (3) Action following disapproval.--If the Secretary 
     disapproves a management plan under paragraph (1), the 
     Secretary shall--
       (A) advise the local coordinating entity in writing of the 
     reasons for the disapproval;
       (B) make recommendations for revisions to the management 
     plan; and
       (C) not later than 90 days after the receipt of any 
     proposed revision of the management plan from the local 
     coordinating entity, approve or disapprove the proposed 
     revision.
       (e) Implementation.--On approval of the management plan as 
     provided in subsection (d)(1), the local coordinating entity, 
     in conjunction with the Secretary, shall take appropriate 
     steps to implement the management plan.
       (f) Amendments.--
       (1) In general.--The Secretary shall review each amendment 
     to the management plan that the Secretary determines may make 
     a substantial change to the management plan.
       (2) Use of funds.--Funds made available under this subtitle 
     shall not be expended to implement an amendment described in 
     paragraph (1) until the Secretary approves the amendment.

     SEC. 291F. AUTHORITY AND DUTIES OF LOCAL COORDINATING ENTITY.

       (a) Authorities.--The local coordinating entity may, for 
     purposes of preparing and implementing the management plan, 
     use funds made available under this subtitle to--
       (1) make grants to, and enter into cooperative agreements 
     with, a State (including a political subdivision), an Indian 
     tribe, a private organization, or any person; and
       (2) hire and compensate staff.
       (b) Duties.--In addition to developing the management plan, 
     the local coordinating entity shall--
       (1) give priority to implementing the memorandum of 
     understanding and the management plan, including taking steps 
     to--
       (A) assist units of government, regional planning 
     organizations, and nonprofit organizations in--
       (i) establishing and maintaining interpretive exhibits 
     along the Heritage Route;
       (ii) developing recreational resources along the Heritage 
     Route;
       (iii) increasing public awareness of and appreciation for 
     the archaeological, historical, cultural, natural, scenic, 
     and recreational resources and sites along the Heritage 
     Route; and
       (iv) if requested by the owner, restoring, stabilizing, or 
     rehabilitating any private, public, or tribal historical 
     building relating to the themes of the Heritage Route;
       (B) encourage economic viability and diversity along the 
     Heritage Route in accordance with the objectives of the 
     management plan; and
       (C) encourage the installation of clear, consistent, and 
     environmentally appropriate signage identifying access points 
     and sites of interest along the Heritage Route;
       (2) consider the interests of diverse governmental, 
     business, and nonprofit groups associated with the Heritage 
     Route;
       (3) conduct public meetings in the region of the Heritage 
     Route at least semiannually regarding the implementation of 
     the management plan;
       (4) submit substantial amendments (including any increase 
     of more than 20 percent in the cost estimates for 
     implementation) to the management plan to the Secretary for 
     approval by the Secretary; and
       (5) for any year for which Federal funds are received under 
     this subtitle--
       (A) submit to the Secretary a report that describes, for 
     the year--
       (i) the accomplishments of the local coordinating entity;
       (ii) the expenses and income of the local coordinating 
     entity; and
       (iii) each entity to which any loan or grant was made;
       (B) make available for audit all records pertaining to the 
     expenditure of the funds and any matching funds; and
       (C) require, for all agreements authorizing the expenditure 
     of Federal funds by any entity, that the receiving entity 
     make available for audit all records pertaining to the 
     expenditure of the funds.
       (c) Prohibition on the Acquisition of Real Property.--The 
     local coordinating entity shall not use Federal funds made 
     available under this subtitle to acquire real property or any 
     interest in real property.
       (d) Prohibition on the Regulation of Land Use.--The local 
     coordinating entity shall not regulate land use within the 
     Heritage Route.

     SEC. 291G. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) In general.--The Secretary may, on request of the local 
     coordinating entity, provide technical and financial 
     assistance to develop and implement the management plan and 
     memorandum of understanding.
       (2) Priority for assistance.--In providing assistance under 
     paragraph (1), the Secretary shall, on request of the local 
     coordinating entity, give priority to actions that assist 
     in--
       (A) conserving the significant archaeological, historical, 
     cultural, natural, scenic, and recreational resources of the 
     Heritage Route; and
       (B) providing education, interpretive, and recreational 
     opportunities, and other uses consistent with those 
     resources.
       (b) Application of Federal Law.--The establishment of the 
     Heritage Route shall have no effect on the application of any 
     Federal law to any property within the Heritage Route.

     SEC. 291H. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

       (a) Land Use Regulation.--Nothing in this subtitle--
       (1) modifies, enlarges, or diminishes any authority of the 
     Federal, State, tribal, or local government to regulate by 
     law (including by regulation) any use of land; or
       (2) grants any power of zoning or land use to the local 
     coordinating entity.
       (b) Applicability of Federal Law.--Nothing in this 
     subtitle--
       (1) imposes on the Heritage Route, as a result of the 
     designation of the Heritage Route, any regulation that is not 
     applicable to the area within the Heritage Route as of the 
     date of enactment of this Act; or
       (2) authorizes any agency to promulgate a regulation that 
     applies to the Heritage Route solely as a result of the 
     designation of the Heritage Route under this subtitle.

     SEC. 291I. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (b) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of any 
     activity assisted under this subtitle shall not exceed 50 
     percent.
       (2) Form of non-federal share.--The non-Federal share may 
     be in the form of in-kind contributions, donations, grants, 
     and loans from individuals and State or local governments or 
     agencies.

     SEC. 291J. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this subtitle terminates on the date that is 15 years after 
     the date of enactment of this Act.

              Subtitle I--Gullah/Geechee Heritage Corridor

     SEC. 295. SHORT TITLE.

       This subtitle may be cited as the ``Gullah/Geechee Cultural 
     Heritage Act''.

     SEC. 295A. PURPOSES.

       The purposes of this subtitle are to--
       (1) recognize the important contributions made to American 
     culture and history by African Americans known as the Gullah/
     Geechee who settled in the coastal counties of South 
     Carolina, Georgia, North Carolina, and Florida;
       (2) assist State and local governments and public and 
     private entities in South Carolina, Georgia, North Carolina, 
     and Florida in interpreting the story of the Gullah/Geechee 
     and preserving Gullah/Geechee folklore, arts, crafts, and 
     music; and
       (3) assist in identifying and preserving sites, historical 
     data, artifacts, and objects associated with the Gullah/
     Geechee for the benefit and education of the public.

     SEC. 295B. DEFINITIONS.

       In this subtitle:
       (1) Local coordinating entity.--The term ``local 
     coordinating entity'' means the Gullah/Geechee Cultural 
     Heritage Corridor Commission established by section 295D(a).
       (2) Heritage corridor.--The term ``Heritage Corridor'' 
     means the Gullah/Geechee Cultural Heritage Corridor 
     established by section 295C(a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 295C. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.

       (a) Establishment.--There is established the Gullah/Geechee 
     Cultural Heritage Corridor.
       (b) Boundaries.--
       (1) In general.--The Heritage Corridor shall be comprised 
     of those lands and waters generally depicted on a map 
     entitled ``Gullah/Geechee Cultural Heritage Corridor'' 
     numbered GGCHC 80,000 and dated September 2004. The map shall 
     be on file and available for public inspection in the 
     appropriate offices of the National Park Service and in an 
     appropriate State office in each of the States included in 
     the Heritage Corridor. The Secretary shall publish in the 
     Federal Register, as soon as practicable after the

[[Page 17466]]

     date of enactment of this Act, a detailed description and map 
     of the boundaries established under this subsection.
       (2) Revisions.--The boundaries of the Heritage Corridor may 
     be revised if the revision is--
       (A) proposed in the management plan developed for the 
     Heritage Corridor;
       (B) approved by the Secretary in accordance with this 
     subtitle; and
       (C) placed on file in accordance with paragraph (1).
       (c) Administration.--The Heritage Corridor shall be 
     administered in accordance with the provisions of this 
     subtitle.

     SEC. 295D. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR 
                   COMMISSION.

       (a) Establishment.--There is hereby established a local 
     coordinating entity to be known as the ``Gullah/Geechee 
     Cultural Heritage Corridor Commission'' whose purpose shall 
     be to assist Federal, State, and local authorities in the 
     development and implementation of a management plan for those 
     land and waters specified in section 295C(b).
       (b) Membership.--The local coordinating entity shall be 
     composed of 15 members appointed by the Secretary as follows:
       (1) Four individuals nominated by the State Historic 
     Preservation Officer of South Carolina and two individuals 
     each nominated by the State Historic Preservation Officer of 
     each of Georgia, North Carolina, and Florida and appointed by 
     the Secretary.
       (2) Two individuals from South Carolina and one individual 
     from each of Georgia, North Carolina, and Florida who are 
     recognized experts in historic preservation, anthropology, 
     and folklore, appointed by the Secretary.
       (c) Terms.--Members of the local coordinating entity shall 
     be appointed to terms not to exceed 3 years. The Secretary 
     may stagger the terms of the initial appointments to the 
     local coordinating entity in order to assure continuity of 
     operation. Any member of the local coordinating entity may 
     serve after the expiration of their term until a successor is 
     appointed. A vacancy shall be filled in the same manner in 
     which the original appointment was made.
       (d) Termination.--The local coordinating entity shall 
     terminate 10 years after the date of enactment of this Act.

     SEC. 295E. OPERATION OF THE LOCAL COORDINATING ENTITY.

       (a) Duties of the Local Coordinating Entity.--To further 
     the purposes of the Heritage Corridor, the local coordinating 
     entity shall--
       (1) prepare and submit a management plan to the Secretary 
     in accordance with section 295F;
       (2) assist units of local government and other persons in 
     implementing the approved management plan by--
       (A) carrying out programs and projects that recognize, 
     protect, and enhance important resource values within the 
     Heritage Corridor;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Corridor;
       (C) developing recreational and educational opportunities 
     in the Heritage Corridor;
       (D) increasing public awareness of and appreciation for the 
     historical, cultural, natural, and scenic resources of the 
     Heritage Corridor;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Corridor that are consistent with Heritage 
     Corridor themes;
       (F) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access and sites of interest are 
     posted throughout the Heritage Corridor; and
       (G) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     purposes of the Heritage Corridor;
       (3) consider the interests of diverse units of government, 
     business, organizations, and individuals in the Heritage 
     Corridor in the preparation and implementation of the 
     management plan;
       (4) conduct meetings open to the public at least quarterly 
     regarding the development and implementation of the 
     management plan;
       (5) submit an annual report to the Secretary for any fiscal 
     year in which the local coordinating entity receives Federal 
     funds under this subtitle, setting forth its accomplishments, 
     expenses, and income, including grants made to any other 
     entities during the year for which the report is made;
       (6) make available for audit for any fiscal year in which 
     it receives Federal funds under this subtitle, all 
     information pertaining to the expenditure of such funds and 
     any matching funds, and require all agreements authorizing 
     expenditures of Federal funds by other organizations, that 
     the receiving organization make available for audit all 
     records and other information pertaining to the expenditure 
     of such funds; and
       (7) encourage by appropriate means economic viability that 
     is consistent with the purposes of the Heritage Corridor.
       (b) Authorities.--The local coordinating entity may, for 
     the purposes of preparing and implementing the management 
     plan, use funds made available under this subtitle to--
       (1) make grants to, and enter into cooperative agreements 
     with, the States of South Carolina, North Carolina, Florida, 
     and Georgia, political subdivisions of those States, a 
     nonprofit organization, or any person;
       (2) hire and compensate staff;
       (3) obtain funds from any source including any that are 
     provided under any other Federal law or program; and
       (4) contract for goods and services.

     SEC. 295F. MANAGEMENT PLAN.

       (a) In General.--The management plan for the Heritage 
     Corridor shall--
       (1) include comprehensive policies, strategies, and 
     recommendations for conservation, funding, management, and 
     development of the Heritage Corridor;
       (2) take into consideration existing State, county, and 
     local plans in the development of the management plan and its 
     implementation;
       (3) include a description of actions that governments, 
     private organizations, and individuals have agreed to take to 
     protect the historical, cultural, and natural resources of 
     the Heritage Corridor;
       (4) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Corridor in the 
     first 5 years of implementation;
       (5) include an inventory of the historical, cultural, 
     natural, resources of the Heritage Corridor related to the 
     themes of the Heritage Corridor that should be preserved, 
     restored, managed, developed, or maintained;
       (6) recommend policies and strategies for resource 
     management that consider and detail the application of 
     appropriate land and water management techniques, including 
     the development of intergovernmental and interagency 
     cooperative agreements to protect the Heritage Corridor's 
     historical, cultural, and natural resources;
       (7) describe a program for implementation of the management 
     plan including plans for resources protection, restoration, 
     construction, and specific commitments for implementation 
     that have been made by the local coordinating entity or any 
     government, organization, or individual for the first 5 years 
     of implementation;
       (8) include an analysis and recommendations for the ways in 
     which Federal, State, or local programs may best be 
     coordinated to further the purposes of this subtitle; and
       (9) include an interpretive plan for the Heritage Corridor.
       (b) Submittal of Management Plan.--The local coordinating 
     entity shall submit the management plan to the Secretary for 
     approval not later than 3 years after funds are made 
     available for this subtitle.
       (c) Failure to Submit.--If the local coordinating entity 
     fails to submit the management plan to the Secretary in 
     accordance with subsection (b), the Heritage Corridor shall 
     not qualify for Federal funding until the management plan is 
     submitted.
       (d) Approval or Disapproval of Management Plan.--
       (1) In general.--The Secretary shall approve or disapprove 
     the management plan not later than 90 days after receiving 
     the management plan.
       (2) Criteria.--In determining whether to approve the 
     management plan, the Secretary shall consider whether--
       (A) the local coordinating entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the management 
     plan;
       (B) the resource preservation and interpretation strategies 
     contained in the management plan would adequately protect the 
     cultural and historic resources of the Heritage Corridor; and
       (C) the Secretary has received adequate assurances from 
     appropriate State and local officials whose support is needed 
     to ensure the effective implementation of the State and local 
     aspects of the plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan, the Secretary shall advise 
     the local coordinating entity in writing of the reasons 
     therefore and shall make recommendations for revisions to the 
     management plan. The Secretary shall approve or disapprove a 
     proposed revision not later than 60 days after the date it is 
     submitted.
       (4) Approval of amendments.--Substantial amendments to the 
     management plan shall be reviewed and approved by the 
     Secretary in the same manner as provided in the original 
     management plan. The local coordinating entity shall not use 
     Federal funds authorized by this subtitle to implement any 
     amendments until the Secretary has approved the amendments.

     SEC. 295G. TECHNICAL AND FINANCIAL ASSISTANCE.

       (a) In General.--Upon a request of the local coordinating 
     entity, the Secretary may provide technical and financial 
     assistance for the development and implementation of the 
     management plan.
       (b) Priority for Assistance.--In providing assistance under 
     subsection (a), the Secretary shall give priority to actions 
     that assist in--
       (1) conserving the significant cultural, historical, and 
     natural resources of the Heritage Corridor; and
       (2) providing educational and interpretive opportunities 
     consistent with the purposes of the Heritage Corridor.

[[Page 17467]]

       (c) Spending for Non-Federal Property.--
       (1) In general.--The local coordinating entity may expend 
     Federal funds made available under this subtitle on 
     nonfederally owned property that is--
       (A) identified in the management plan; or
       (B) listed or eligible for listing on the National Register 
     for Historic Places.
       (2) Agreements.--Any payment of Federal funds made pursuant 
     to this subtitle shall be subject to an agreement that 
     conversion, use, or disposal of a project so assisted for 
     purposes contrary to the purposes of this subtitle, as 
     determined by the Secretary, shall result in a right of the 
     United States to compensation of all funds made available to 
     that project or the proportion of the increased value of the 
     project attributable to such funds as determined at the time 
     of such conversion, use, or disposal, whichever is greater.

     SEC. 295H. DUTIES OF OTHER FEDERAL AGENCIES.

       Any Federal agency conducting or supporting activities 
     directly affecting the Heritage Corridor shall--
       (1) consult with the Secretary and the local coordinating 
     entity with respect to such activities;
       (2) cooperate with the Secretary and the local coordinating 
     entity in carrying out their duties under this subtitle and, 
     to the maximum extent practicable, coordinate such activities 
     with the carrying out of such duties; and
       (3) to the maximum extent practicable, conduct or support 
     such activities in a manner in which the local coordinating 
     entity determines will not have an adverse effect on the 
     Heritage Corridor.

     SEC. 295I. COASTAL HERITAGE CENTERS.

       In furtherance of the purposes of this subtitle and using 
     the authorities made available under this subtitle, the local 
     coordinating entity shall establish one or more Coastal 
     Heritage Centers at appropriate locations within the Heritage 
     Corridor in accordance with the preferred alternative 
     identified in the Record of Decision for the Low Country 
     Gullah Culture Special Resource Study and Environmental 
     Impact Study, December 2003, and additional appropriate 
     sites.

     SEC. 295J. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this subtitle 
     shall be construed to require any private property owner to 
     permit public access (including Federal, State, or local 
     government access) to such private property. Nothing in this 
     subtitle shall be construed to modify any provision of 
     Federal, State, or local law with regard to public access to 
     or use of private lands.
       (b) Liability.--Designation of the Heritage Corridor shall 
     not be considered to create any liability, or to have any 
     effect on any liability under any other law, of any private 
     property owner with respect to any persons injured on such 
     private property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this subtitle shall be construed to modify any authority 
     of Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Corridor.--Nothing in this subtitle shall be construed to 
     require the owner of any private property located within the 
     boundaries of the Heritage Corridor to participate in or be 
     associated with the Heritage Corridor.
       (e) Effect of Establishment.--The boundaries designated for 
     the Heritage Corridor represent the area within which Federal 
     funds appropriated for the purpose of this subtitle shall be 
     expended. The establishment of the Heritage Corridor and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the Heritage Corridor 
     or its viewshed by the Secretary or the local coordinating 
     entity.
       (f) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Corridor 
     until the owner of that private property has been notified in 
     writing by the local coordinating entity and has given 
     written consent for such preservation, conservation, or 
     promotion to the local coordinating entity.
       (g) Landowner Withdrawal.--Any owner of private property 
     included within the boundary of the Heritage Corridor shall 
     have their property immediately removed from within the 
     boundary by submitting a written request to the local 
     coordinating entity.

     SEC. 295K. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated for 
     the purposes of this subtitle not more than $1,000,000 for 
     any fiscal year. Not more than a total of $10,000,000 may be 
     appropriated for the Heritage Corridor under this subtitle.
       (b) Cost Share.--Federal funding provided under this 
     subtitle may not exceed 50 percent of the total cost of any 
     activity for which assistance is provided under this 
     subtitle.
       (c) In-Kind Contributions.--The Secretary may accept in-
     kind contributions as part of the non-Federal cost share of 
     any activity for which assistance is provided under this 
     subtitle.

     SEC. 295L. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this subtitle terminates on the date that is 15 years after 
     the date of enactment of this Act.

  Subtitle J--Crossroads of the American Revolution National Heritage 
                                  Area

     SEC. 297. SHORT TITLE.

       This subtitle may be cited as the ``Crossroads of the 
     American Revolution National Heritage Area Act of 2005''.

     SEC. 297A. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the State of New Jersey was critically important during 
     the American Revolution because of the strategic location of 
     the State between the British armies headquartered in New 
     York City, New York, and the Continental Congress in the city 
     of Philadelphia, Pennsylvania;
       (2) General George Washington spent almost half of the 
     period of the American Revolution personally commanding 
     troops of the Continental Army in the State of New Jersey, 
     including 2 severe winters spent in encampments in the area 
     that is now Morristown National Historical Park, a unit of 
     the National Park System;
       (3) it was during the 10 crucial days of the American 
     Revolution between December 25, 1776, and January 3, 1777, 
     that General Washington, after retreating across the State of 
     New Jersey from the State of New York to the Commonwealth of 
     Pennsylvania in the face of total defeat, recrossed the 
     Delaware River on the night of December 25, 1776, and went on 
     to win crucial battles at Trenton and Princeton in the State 
     of New Jersey;
       (4) Thomas Paine, who accompanied the troops during the 
     retreat, described the events during those days as ``the 
     times that try men's souls'';
       (5) the sites of 296 military engagements are located in 
     the State of New Jersey, including--
       (A) several important battles of the American Revolution 
     that were significant to--
       (i) the outcome of the American Revolution; and
       (ii) the history of the United States; and
       (B) several national historic landmarks, including 
     Washington's Crossing, the Old Trenton Barracks, and 
     Princeton, Monmouth, and Red Bank Battlefields;
       (6) additional national historic landmarks in the State of 
     New Jersey include the homes of--
       (A) Richard Stockton, Joseph Hewes, John Witherspoon, and 
     Francis Hopkinson, signers of the Declaration of 
     Independence;
       (B) Elias Boudinout, President of the Continental Congress; 
     and
       (C) William Livingston, patriot and Governor of the State 
     of New Jersey from 1776 to 1790;
       (7) portions of the landscapes important to the strategies 
     of the British and Continental armies, including waterways, 
     mountains, farms, wetlands, villages, and roadways--
       (A) retain the integrity of the period of the American 
     Revolution; and
       (B) offer outstanding opportunities for conservation, 
     education, and recreation;
       (8) the National Register of Historic Places lists 251 
     buildings and sites in the National Park Service study area 
     for the Crossroads of the American Revolution that are 
     associated with the period of the American Revolution;
       (9) civilian populations residing in the State of New 
     Jersey during the American Revolution suffered extreme 
     hardships because of--
       (A) the continuous conflict in the State;
       (B) foraging armies; and
       (C) marauding contingents of loyalist Tories and rebel 
     sympathizers;
       (10) because of the important role that the State of New 
     Jersey played in the successful outcome of the American 
     Revolution, there is a Federal interest in developing a 
     regional framework to assist the State of New Jersey, local 
     governments and organizations, and private citizens in--
       (A) preserving and protecting cultural, historic, and 
     natural resources of the period; and
       (B) bringing recognition to those resources for the 
     educational and recreational benefit of the present and 
     future generations of citizens of the United States; and
       (11) the National Park Service has conducted a national 
     heritage area feasibility study in the State of New Jersey 
     that demonstrates that there is a sufficient assemblage of 
     nationally distinctive cultural, historic, and natural 
     resources necessary to establish the Crossroads of the 
     American Revolution National Heritage Area.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to assist communities, organizations, and citizens in 
     the State of New Jersey in preserving--
       (A) the special historic identity of the State; and
       (B) the importance of the State to the United States;
       (2) to foster a close working relationship among all levels 
     of government, the private sector, and local communities in 
     the State;
       (3) to provide for the management, preservation, 
     protection, and interpretation of the cultural, historic, and 
     natural resources of

[[Page 17468]]

     the State for the educational and inspirational benefit of 
     future generations;
       (4) to strengthen the value of Morristown National 
     Historical Park as an asset to the State by--
       (A) establishing a network of related historic resources, 
     protected landscapes, educational opportunities, and events 
     depicting the landscape of the State of New Jersey during the 
     American Revolution; and
       (B) establishing partnerships between Morristown National 
     Historical Park and other public and privately owned 
     resources in the Heritage Area that represent the strategic 
     fulcrum of the American Revolution; and
       (5) to authorize Federal financial and technical assistance 
     for the purposes described in paragraphs (1) through (4).

     SEC. 297B. DEFINITIONS.

       In this subtitle:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Crossroads of the American Revolution National Heritage Area 
     established by section 297C(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 297C(d).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 297D.
       (4) Map.--The term ``map'' means the map entitled 
     ``Crossroads of the American Revolution National Heritage 
     Area'', numbered CRRE/80,000, and dated April 2002.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of New 
     Jersey.

     SEC. 297C. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL 
                   HERITAGE AREA.

       (a) Establishment.--There is established in the State the 
     Crossroads of the American Revolution National Heritage Area.
       (b) Boundaries.--The Heritage Area shall consist of the 
     land and water within the boundaries of the Heritage Area, as 
     depicted on the map.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (d) Local Coordinating Entity.--The Crossroads of the 
     American Revolution Association, Inc., a nonprofit 
     corporation in the State, shall be the local coordinating 
     entity for the Heritage Area.

     SEC. 297D. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date on 
     which funds are made available to carry out this subtitle, 
     the local coordinating entity shall develop and forward to 
     the Secretary a management plan for the Heritage Area.
       (b) Requirements.--The management plan shall--
       (1) include comprehensive policies, strategies, and 
     recommendations for conservation, funding, management, and 
     development of the Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans;
       (3) describe actions that units of local government, 
     private organizations, and individuals have agreed to take to 
     protect the cultural, historic, and natural resources of the 
     Heritage Area;
       (4) identify existing and potential sources of funding for 
     the protection, management, and development of the Heritage 
     Area during the first 5 years of implementation of the 
     management plan; and
       (5) include--
       (A) an inventory of the cultural, educational, historic, 
     natural, recreational, and scenic resources of the Heritage 
     Area relating to the themes of the Heritage Area that should 
     be restored, managed, or developed;
       (B) recommendations of policies and strategies for resource 
     management that result in--
       (i) application of appropriate land and water management 
     techniques; and
       (ii) development of intergovernmental and interagency 
     cooperative agreements to protect the cultural, educational, 
     historic, natural, recreational, and scenic resources of the 
     Heritage Area;
       (C) a program of implementation of the management plan that 
     includes for the first 5 years of implementation--
       (i) plans for resource protection, restoration, 
     construction; and
       (ii) specific commitments for implementation that have been 
     made by the local coordinating entity or any government, 
     organization, or individual;
       (D) an analysis of and recommendations for ways in which 
     Federal, State, and local programs, including programs of the 
     National Park Service, may be best coordinated to promote the 
     purposes of this subtitle; and
       (E) an interpretive plan for the Heritage Area.
       (c) Approval or Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after the date of 
     receipt of the management plan under subsection (a), the 
     Secretary shall approve or disapprove the management plan.
       (2) Criteria.--In determining whether to approve the 
     management plan, the Secretary shall consider whether--
       (A) the Board of Directors of the local coordinating entity 
     is representative of the diverse interests of the Heritage 
     Area, including--
       (i) governments;
       (ii) natural and historic resource protection 
     organizations;
       (iii) educational institutions;
       (iv) businesses; and
       (v) recreational organizations;
       (B) the local coordinating entity provided adequate 
     opportunity for public and governmental involvement in the 
     preparation of the management plan, including public 
     hearings;
       (C) the resource protection and interpretation strategies 
     in the management plan would adequately protect the cultural, 
     historic, and natural resources of the Heritage Area; and
       (D) the Secretary has received adequate assurances from the 
     appropriate State and local officials whose support is needed 
     to ensure the effective implementation of the State and local 
     aspects of the management plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan under paragraph (1), the 
     Secretary shall--
       (A) advise the local coordinating entity in writing of the 
     reasons for the disapproval;
       (B) make recommendations for revisions to the management 
     plan; and
       (C) not later than 60 days after the receipt of any 
     proposed revision of the management plan from the local 
     coordinating entity, approve or disapprove the proposed 
     revision.
       (d) Amendments.--
       (1) In general.--The Secretary shall approve or disapprove 
     each amendment to the management plan that the Secretary 
     determines may make a substantial change to the management 
     plan.
       (2) Use of funds.--Funds made available under this subtitle 
     shall not be expended by the local coordinating entity to 
     implement an amendment described in paragraph (1) until the 
     Secretary approves the amendment.
       (e) Implementation.--On completion of the 3-year period 
     described in subsection (a), any funding made available under 
     this subtitle shall be made available to the local 
     coordinating entity only for implementation of the approved 
     management plan.

     SEC. 297E. AUTHORITIES, DUTIES, AND PROHIBITIONS APPLICABLE 
                   TO THE LOCAL COORDINATING ENTITY.

       (a) Authorities.--For purposes of preparing and 
     implementing the management plan, the local coordinating 
     entity may use funds made available under this subtitle to--
       (1) make grants to, provide technical assistance to, and 
     enter into cooperative agreements with, the State (including 
     a political subdivision), a nonprofit organization, or any 
     other person;
       (2) hire and compensate staff, including individuals with 
     expertise in--
       (A) cultural, historic, or natural resource protection; or
       (B) heritage programming;
       (3) obtain funds or services from any source (including a 
     Federal law or program);
       (4) contract for goods or services; and
       (5) support any other activity--
       (A) that furthers the purposes of the Heritage Area; and
       (B) that is consistent with the management plan.
       (b) Duties.--In addition to developing the management plan, 
     the local coordinating entity shall--
       (1) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (A) carrying out programs and projects that recognize, 
     protect, and enhance important resource values in the 
     Heritage Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs in the Heritage Area;
       (C) developing recreational and educational opportunities 
     in the Heritage Area;
       (D) increasing public awareness of and appreciation for 
     cultural, historic, and natural resources of the Heritage 
     Area;
       (E) protecting and restoring historic sites and buildings 
     that are--
       (i) located in the Heritage Area; and
       (ii) related to the themes of the Heritage Area;
       (F) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access and sites of interest are 
     installed throughout the Heritage Area; and
       (G) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     purposes of the Heritage Area;
       (2) in preparing and implementing the management plan, 
     consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area;
       (3) conduct public meetings at least semiannually regarding 
     the development and implementation of the management plan;
       (4) for any fiscal year for which Federal funds are 
     received under this subtitle--
       (A) submit to the Secretary a report that describes for the 
     year--
       (i) the accomplishments of the local coordinating entity;
       (ii) the expenses and income of the local coordinating 
     entity; and

[[Page 17469]]

       (iii) each entity to which a grant was made;
       (B) make available for audit all information relating to 
     the expenditure of the funds and any matching funds; and
       (C) require, for all agreements authorizing expenditures of 
     Federal funds by any entity, that the receiving entity make 
     available for audit all records and other information 
     relating to the expenditure of the funds;
       (5) encourage, by appropriate means, economic viability 
     that is consistent with the purposes of the Heritage Area; 
     and
       (6) maintain headquarters for the local coordinating entity 
     at Morristown National Historical Park and in Mercer County.
       (c) Prohibition on the Acquisition of Real Property.--
       (1) Federal funds.--The local coordinating entity shall not 
     use Federal funds made available under this subtitle to 
     acquire real property or any interest in real property.
       (2) Other funds.--Notwithstanding paragraph (1), the local 
     coordinating entity may acquire real property or an interest 
     in real property using any other source of funding, including 
     other Federal funding.

     SEC. 297F. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
                   AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) In general.--On the request of the local coordinating 
     entity, the Secretary may provide technical and financial 
     assistance to the Heritage Area for the development and 
     implementation of the management plan.
       (2) Priority for assistance.--In providing assistance under 
     paragraph (1), the Secretary shall give priority to actions 
     that assist in--
       (A) conserving the significant cultural, historic, natural, 
     and scenic resources of the Heritage Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (3) Operational assistance.--Subject to the availability of 
     appropriations, the Superintendent of Morristown National 
     Historical Park may, on request, provide to public and 
     private organizations in the Heritage Area, including the 
     local coordinating entity, any operational assistance that is 
     appropriate for the purpose of supporting the implementation 
     of the management plan.
       (4) Preservation of historic properties.--To carry out the 
     purposes of this subtitle, the Secretary may provide 
     assistance to a State or local government or nonprofit 
     organization to provide for the appropriate treatment of--
       (A) historic objects; or
       (B) structures that are listed or eligible for listing on 
     the National Register of Historic Places.
       (5) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the local coordinating entity and 
     other public or private entities to carry out this 
     subsection.
       (b) Other Federal Agencies.--Any Federal agency conducting 
     or supporting an activity that directly affects the Heritage 
     Area shall--
       (1) consult with the Secretary and the local coordinating 
     entity regarding the activity;
       (2)(A) cooperate with the Secretary and the local 
     coordinating entity in carrying out the of the Federal agency 
     under this subtitle; and
       (B) to the maximum extent practicable, coordinate the 
     activity with the carrying out of those duties; and
       (3) to the maximum extent practicable, conduct the activity 
     to avoid adverse effects on the Heritage Area.

     SEC. 297G. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $10,000,000, of which not more than 
     $1,000,000 may be authorized to be appropriated for any 
     fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     cost of any activity assisted under this subtitle shall be 
     not more than 50 percent.

     SEC. 297H. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this subtitle terminates on the date that is 15 years after 
     the date of enactment of this Act.

               TITLE III--NATIONAL HERITAGE AREA STUDIES

            Subtitle A--Western Reserve Heritage Area Study

     SEC. 301. SHORT TITLE.

       This subtitle may be cited as the ``Western Reserve 
     Heritage Areas Study Act''.

     SEC. 302. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN 
                   RESERVE, OHIO.

       (a) Findings.--The Congress finds the following:
       (1) The area that encompasses the modern-day counties of 
     Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, 
     Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and 
     Ashland in Ohio with the rich history in what was once the 
     Western Reserve, has made a unique contribution to the 
     cultural, political, and industrial development of the United 
     States.
       (2) The Western Reserve is distinctive as the land settled 
     by the people of Connecticut after the Revolutionary War. The 
     Western Reserve holds a unique mark as the original 
     wilderness land of the West that many settlers migrated to in 
     order to begin life outside of the original 13 colonies.
       (3) The Western Reserve played a significant role in 
     providing land to the people of Connecticut whose property 
     and land was destroyed during the Revolution. These settlers 
     were descendants of the brave immigrants who came to the 
     Americas in the 17th century.
       (4) The Western Reserve offered a new destination for those 
     who moved west in search of land and prosperity. The 
     agricultural and industrial base that began in the Western 
     Reserve still lives strong in these prosperous and historical 
     counties.
       (5) The heritage of the Western Reserve remains transfixed 
     in the counties of Trumbull, Mahoning, Ashtabula, Portage, 
     Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, 
     Ottawa, and Ashland in Ohio. The people of these counties are 
     proud of their heritage as shown through the unwavering 
     attempts to preserve agricultural land and the industrial 
     foundation that has been embedded in this region since the 
     establishment of the Western Reserve. Throughout these 
     counties, historical sites, and markers preserve the unique 
     traditions and customs of its original heritage.
       (6) The counties that encompass the Western Reserve 
     continue to maintain a strong connection to its historic past 
     as seen through its preservation of its local heritage, 
     including historic homes, buildings, and centers of public 
     gatherings.
       (7) There is a need for assistance for the preservation and 
     promotion of the significance of the Western Reserve as the 
     natural, historic and cultural heritage of the counties of 
     Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, 
     Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa and 
     Ashland in Ohio.
       (8) The Department of the Interior is responsible for 
     protecting the Nation's cultural and historical resources. 
     There are significant examples of such resources within these 
     counties and what was once the Western Reserve to merit the 
     involvement of the Federal Government in the development of 
     programs and projects, in cooperation with the State of Ohio 
     and other local governmental entities, to adequately 
     conserve, protect, and interpret this heritage for future 
     generations, while providing opportunities for education and 
     revitalization.
       (b) Study.--
       (1) In general.--The Secretary, acting through the National 
     Park Service Rivers, Trails, and Conservation Assistance 
     Program, Midwest Region, and in consultation with the State 
     of Ohio, the counties of Trumbull, Mahoning, Ashtabula, 
     Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, 
     Lorain, Erie, Ottawa, and Ashland, and other appropriate 
     organizations, shall carry out a study regarding the 
     suitability and feasibility of establishing the Western 
     Reserve Heritage Area in these counties in Ohio.
       (2) Contents.--The study shall include analysis and 
     documentation regarding whether the Study Area--
       (A) has an assemblage of natural, historic, and cultural 
     resources that together represent distinctive aspects of 
     American heritage worthy of recognition, conservation, 
     interpretation, and continuing use, and are best managed 
     through partnerships among public and private entities and by 
     combining diverse and sometimes noncontiguous resources and 
     active communities;
       (B) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the national story;
       (C) provides outstanding opportunities to conserve natural, 
     historic, cultural, or scenic features;
       (D) provides outstanding recreational and educational 
     opportunities;
       (E) contains resources important to the identified theme or 
     themes of the Study Area that retain a degree of integrity 
     capable of supporting interpretation;
       (F) includes residents, business interests, nonprofit 
     organizations, and local and State governments that are 
     involved in the planning, have developed a conceptual 
     financial plan that outlines the roles for all participants, 
     including the Federal Government, and have demonstrated 
     support for the concept of a national heritage area;
       (G) has a potential local coordinating entity to work in 
     partnership with residents, business interests, nonprofit 
     organizations, and local and State governments to develop a 
     national heritage area consistent with continued local and 
     State economic activity;
       (H) has a conceptual boundary map that is supported by the 
     public; and
       (I) has potential or actual impact on private property 
     located within or abutting the Study Area.
       (c) Boundaries of the Study Area.--The Study Area shall be 
     comprised of the counties of Trumbull, Mahoning, Ashtabula, 
     Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, 
     Lorain, Erie, Ottawa, and Ashland in Ohio.

[[Page 17470]]



           Subtitle B--St. Croix National Heritage Area Study

     SEC. 311. SHORT TITLE.

       This subtitle may be cited as the ``St. Croix National 
     Heritage Area Study Act''.

     SEC. 312. STUDY.

       (a) In General.--The Secretary of the Interior, in 
     consultation with appropriate State historic preservation 
     officers, States historical societies, and other appropriate 
     organizations, shall conduct a study regarding the 
     suitability and feasibility of designating the island of St. 
     Croix as the St. Croix National Heritage Area. The study 
     shall include analysis, documentation, and determination 
     regarding whether the island of St. Croix--
       (1) has an assemblage of natural, historic, and cultural 
     resources that together represent distinctive aspects of 
     American heritage worthy of recognition, conservation, 
     interpretation, and continuing use, and are best managed 
     through partnerships among public and private entities and by 
     combining diverse and sometimes noncontiguous resources and 
     active communities;
       (2) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the national story;
       (3) provides outstanding opportunities to conserve natural, 
     historic, cultural, or scenic features;
       (4) provides outstanding recreational and educational 
     opportunities;
       (5) contains resources important to the identified theme or 
     themes of the island of St. Croix that retain a degree of 
     integrity capable of supporting interpretation;
       (6) includes residents, business interests, nonprofit 
     organizations, and local and State governments that are 
     involved in the planning, have developed a conceptual 
     financial plan that outlines the roles of all participants 
     (including the Federal Government), and have demonstrated 
     support for the concept of a national heritage area;
       (7) has a potential local coordinating entity to work in 
     partnership with residents, business interests, nonprofit 
     organizations, and local and State governments to develop a 
     national heritage area consistent with continued local and 
     State economic activity; and
       (8) has a conceptual boundary map that is supported by the 
     public.
       (b) Report.--Not later than 3 fiscal years after the date 
     on which funds are first made available for this section, the 
     Secretary of the Interior shall submit to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate a report on the 
     findings, conclusions, and recommendations of the study.
       (c) Private Property.--In conducting the study required by 
     this section, the Secretary of the Interior shall analyze the 
     potential impact that designation of the area as a national 
     heritage area is likely to have on land within the proposed 
     area or bordering the proposed area that is privately owned 
     at the time that the study is conducted.

            Subtitle C--Southern Campaign of the Revolution

     SEC. 321. SHORT TITLE.

       This subtitle may be cited as the ``Southern Campaign of 
     the Revolution Heritage Area Study Act''.

     SEC. 322. SOUTHERN CAMPAIGN OF THE REVOLUTION HERITAGE AREA 
                   STUDY.

       (a) Study.--The Secretary of the Interior, in consultation 
     with appropriate State historic preservation officers, States 
     historical societies, the South Carolina Department of Parks, 
     Recreation, and Tourism, and other appropriate organizations, 
     shall conduct a study regarding the suitability and 
     feasibility of designating the study area described in 
     subsection (b) as the Southern Campaign of the Revolution 
     Heritage Area. The study shall include analysis, 
     documentation, and determination regarding whether the study 
     area--
       (1) has an assemblage of natural, historic, and cultural 
     resources that together represent distinctive aspects of 
     American heritage worthy of recognition, conservation, 
     interpretation, and continuing use, and are best managed 
     through partnerships among public and private entities and by 
     combining diverse and sometimes noncontiguous resources and 
     active communities;
       (2) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the national story;
       (3) provides outstanding opportunities to conserve natural, 
     historic, cultural, or scenic features;
       (4) provides outstanding recreational and educational 
     opportunities;
       (5) contains resources important to the identified theme or 
     themes of the study area that retain a degree of integrity 
     capable of supporting interpretation;
       (6) includes residents, business interests, nonprofit 
     organizations, and local and State governments that are 
     involved in the planning, have developed a conceptual 
     financial plan that outlines the roles of all participants 
     (including the Federal Government), and have demonstrated 
     support for the concept of a national heritage area;
       (7) has a potential local coordinating entity to work in 
     partnership with residents, business interests, nonprofit 
     organizations, and local and State governments to develop a 
     national heritage area consistent with continued local and 
     State economic activity; and
       (8) has a conceptual boundary map that is supported by the 
     public.
       (b) Study Area.--
       (1) In general.--
       (A) South carolina.--The study area shall include the 
     following counties in South Carolina: Anderson, Pickens, 
     Greenville County, Spartanburg, Cherokee County, Greenwood, 
     Laurens, Union, York, Chester, Darlington, Florence, 
     Chesterfield, Marlboro, Fairfield, Richland, Lancaster, 
     Kershaw, Sumter, Orangeburg, Georgetown, Dorchester, 
     Colleton, Charleston, Beaufort, Calhoun, Clarendon, and 
     Williamsburg.
       (B) North carolina.--The study area may include sites and 
     locations in North Carolina as appropriate.
       (2) Specific sites.--The heritage area may include the 
     following sites of interest:
       (A) National park service site.--Kings Mountain National 
     Military Park, Cowpens National Battlefield, Fort Moultrie 
     National Monument, Charles Pickney National Historic Site, 
     and Ninety Six National Historic Site as well as the National 
     Park Affiliate of Historic Camden Revolutionary War Site.
       (B) State-maintained sites.--Colonial Dorchester State 
     Historic Site, Eutaw Springs Battle Site, Hampton Plantation 
     State Historic Site, Landsford Canal State Historic Site, 
     Andrew Jackson State Park, and Musgrove Mill State Park.
       (C) Communities.--Charleston, Beaufort, Georgetown, 
     Kingstree, Cheraw, Camden, Winnsboro, Orangeburg, and Cayce.
       (D) Other key sites open to the public.--Middleton Place, 
     Goose Creek Church, Hopsewee Plantation, Walnut Grove 
     Plantation, Fort Watson, and Historic Brattons-
     ville.
       (c) Report.--Not later than 3 fiscal years after the date 
     on which funds are first made available to carry out this 
     subtitle, the Secretary of the Interior shall submit to the 
     Committee on Resources of the House of Representatives and 
     the Committee on Energy and Natural Resources of the Senate a 
     report on the findings, conclusions, and recommendations of 
     the study.

 TITLE IV--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT 
                               AMENDMENTS

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Illinois and Michigan 
     Canal National Heritage Corridor Act Amendments of 2005''.

     SEC. 402. TRANSITION AND PROVISIONS FOR NEW LOCAL 
                   COORDINATING ENTITY.

       The Illinois and Michigan Canal National Heritage Corridor 
     Act of 1984 (Public Law 98-398; 16 U.S.C. 461 note) is 
     amended as follows:
       (1) In section 103--
       (A) in paragraph (8), by striking ``and'';
       (B) in paragraph (9), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(10) the term `Association' means the Canal Corridor 
     Association (an organization described under section 
     501(c)(3) of the Internal Revenue Code of 1986 and exempt 
     from taxation under section 501(a) of such Code).''.
       (2) By adding at the end of section 112 the following new 
     paragraph:
       ``(7) The Secretary shall enter into a memorandum of 
     understanding with the Association to help ensure appropriate 
     transition of the local coordinating entity to the 
     Association and coordination with the Association regarding 
     that role.''.
       (3) By adding at the end the following new sections:

     ``SEC. 119. ASSOCIATION AS LOCAL COORDINATING ENTITY.

       ``Upon the termination of the Commission, the local 
     coordinating entity for the corridor shall be the 
     Association.

     ``SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION.

       ``For purposes of preparing and implementing the management 
     plan developed under section 121, the Association may use 
     Federal funds made available under this title--
       ``(1) to make grants to, and enter into cooperative 
     agreements with, States and their political subdivisions, 
     private organizations, or any person;
       ``(2) to hire, train, and compensate staff; and
       ``(3) to enter into contracts for goods and services.

     ``SEC. 121. DUTIES OF THE ASSOCIATION.

       ``The Association shall--
       ``(1) develop and submit to the Secretary for approval 
     under section 123 a proposed management plan for the corridor 
     not later than 2 years after Federal funds are made available 
     for this purpose;
       ``(2) give priority to implementing actions set forth in 
     the management plan, including taking steps to assist units 
     of local government, regional planning organizations, and 
     other organizations--
       ``(A) in preserving the corridor;
       ``(B) in establishing and maintaining interpretive exhibits 
     in the corridor;
       ``(C) in developing recreational resources in the corridor;
       ``(D) in increasing public awareness of and appreciation 
     for the natural, historical, and architectural resources and 
     sites in the corridor; and

[[Page 17471]]

       ``(E) in facilitating the restoration of any historic 
     building relating to the themes of the corridor;
       ``(3) encourage by appropriate means economic viability in 
     the corridor consistent with the goals of the management 
     plan;
       ``(4) consider the interests of diverse governmental, 
     business, and other groups within the corridor;
       ``(5) conduct public meetings at least quarterly regarding 
     the implementation of the management plan;
       ``(6) submit substantial changes (including any increase of 
     more than 20 percent in the cost estimates for 
     implementation) to the management plan to the Secretary; and
       ``(7) for any year in which Federal funds have been 
     received under this title--
       ``(A) submit an annual report to the Secretary setting 
     forth the Association's accomplishments, expenses and income, 
     and the identity of each entity to which grants were made 
     during the year for which the report is made;
       ``(B) make available for audit all records pertaining to 
     the expenditure of such funds and any matching funds; and
       ``(C) require, for all agreements authorizing expenditure 
     of Federal funds by other organizations, that the receiving 
     organizations make available for audit all records pertaining 
     to the expenditure of such funds.

     ``SEC. 122. USE OF FEDERAL FUNDS.

       ``(a) In General.--The Association shall not use Federal 
     funds received under this title to acquire real property or 
     an interest in real property.
       ``(b) Other Sources.--Nothing in this title precludes the 
     Association from using Federal funds from other sources for 
     authorized purposes.

     ``SEC. 123. MANAGEMENT PLAN.

       ``(a) Preparation of Management Plan.--Not later than 3 
     years after the date that Federal funds are made available 
     for this purpose, the Association shall submit to the 
     Secretary for approval a proposed management plan that 
     shall--
       ``(1) take into consideration State and local plans and 
     involve residents, local governments and public agencies, and 
     private organizations in the corridor;
       ``(2) present comprehensive recommendations for the 
     corridor's conservation, funding, management, and 
     development;
       ``(3) include actions proposed to be undertaken by units of 
     government and nongovernmental and private organizations to 
     protect the resources of the corridor;
       ``(4) specify the existing and potential sources of funding 
     to protect, manage, and develop the corridor; and
       ``(5) include--
       ``(A) identification of the geographic boundaries of the 
     corridor;
       ``(B) a brief description and map of the corridor's overall 
     concept or vision that show key sites, visitor facilities and 
     attractions, and physical linkages;
       ``(C) identification of overall goals and the strategies 
     and tasks intended to reach them, and a realistic schedule 
     for completing the tasks;
       ``(D) a listing of the key resources and themes of the 
     corridor;
       ``(E) identification of parties proposed to be responsible 
     for carrying out the tasks;
       ``(F) a financial plan and other information on costs and 
     sources of funds;
       ``(G) a description of the public participation process 
     used in developing the plan and a proposal for public 
     participation in the implementation of the management plan;
       ``(H) a mechanism and schedule for updating the plan based 
     on actual progress;
       ``(I) a bibliography of documents used to develop the 
     management plan; and
       ``(J) a discussion of any other relevant issues relating to 
     the management plan.
       ``(b) Disqualification From Funding.--If a proposed 
     management plan is not submitted to the Secretary within 3 
     years after the date that Federal funds are made available 
     for this purpose, the Association shall be ineligible to 
     receive additional funds under this title until the Secretary 
     receives a proposed management plan from the Association.
       ``(c) Approval of Management Plan.--The Secretary shall 
     approve or disapprove a proposed management plan submitted 
     under this title not later than 180 days after receiving such 
     proposed management plan. If action is not taken by the 
     Secretary within the time period specified in the preceding 
     sentence, the management plan shall be deemed approved. The 
     Secretary shall consult with the local entities representing 
     the diverse interests of the corridor including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, recreational 
     organizations, community residents, and private property 
     owners prior to approving the management plan. The 
     Association shall conduct semi-annual public meetings, 
     workshops, and hearings to provide adequate opportunity for 
     the public and local and governmental entities to review and 
     to aid in the preparation and implementation of the 
     management plan.
       ``(d) Effect of Approval.--Upon the approval of the 
     management plan as provided in subsection (c), the management 
     plan shall supersede the conceptual plan contained in the 
     National Park Service report.
       ``(e) Action Following Disapproval.--If the Secretary 
     disapproves a proposed management plan within the time period 
     specified in subsection (c), the Secretary shall advise the 
     Association in writing of the reasons for the disapproval and 
     shall make recommendations for revisions to the proposed 
     management plan.
       ``(f) Approval of Amendments.--The Secretary shall review 
     and approve all substantial amendments (including any 
     increase of more than 20 percent in the cost estimates for 
     implementation) to the management plan. Funds made available 
     under this title may not be expended to implement any changes 
     made by a substantial amendment until the Secretary approves 
     that substantial amendment.

     ``SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
                   AGENCIES.

       ``(a) Technical and Financial Assistance.--Upon the request 
     of the Association, the Secretary may provide technical 
     assistance, on a reimbursable or nonreimbursable basis, and 
     financial assistance to the Association to develop and 
     implement the management plan. The Secretary is authorized to 
     enter into cooperative agreements with the Association and 
     other public or private entities for this purpose. In 
     assisting the Association, the Secretary shall give priority 
     to actions that in general assist in--
       ``(1) conserving the significant natural, historic, 
     cultural, and scenic resources of the corridor; and
       ``(2) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the corridor.
       ``(b) Duties of Other Federal Agencies.--Any Federal agency 
     conducting or supporting activities directly affecting the 
     corridor shall--
       ``(1) consult with the Secretary and the Association with 
     respect to such activities;
       ``(2) cooperate with the Secretary and the Association in 
     carrying out their duties under this title;
       ``(3) to the maximum extent practicable, coordinate such 
     activities with the carrying out of such duties; and
       ``(4) to the maximum extent practicable, conduct or support 
     such activities in a manner which the Association determines 
     is not likely to have an adverse effect on the corridor.

     ``SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--To carry out this title there is 
     authorized to be appropriated $10,000,000, except that not 
     more than $1,000,000 may be appropriated to carry out this 
     title for any fiscal year.
       ``(b) 50 Percent Match.--The Federal share of the cost of 
     activities carried out using any assistance or grant under 
     this title shall not exceed 50 percent of that cost.

     ``SEC. 126. SUNSET.

       ``The authority of the Secretary to provide assistance 
     under this title terminates on the date that is 15 years 
     after the date of enactment of this section.''.

     SEC. 403. PRIVATE PROPERTY PROTECTION.

       The Illinois and Michigan Canal National Heritage Corridor 
     Act of 1984 is further amended by adding after section 126 
     (as added by section 402) the following new sections:

     ``SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       ``(a) Notification and Consent of Property Owners 
     Required.--No privately owned property shall be preserved, 
     conserved, or promoted by the management plan for the 
     corridor until the owner of that private property has been 
     notified in writing by the Association and has given written 
     consent for such preservation, conservation, or promotion to 
     the Association.
       ``(b) Landowner Withdrawal.--Any owner of private property 
     included within the boundary of the corridor, and not 
     notified under subsection (a), shall have their property 
     immediately removed from the boundary of the corridor by 
     submitting a written request to the Association.

     ``SEC. 128. PRIVATE PROPERTY PROTECTION.

       ``(a) Access to Private Property.--Nothing in this title 
     shall be construed to--
       ``(1) require any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to such private property; or
       ``(2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       ``(b) Liability.--Designation of the corridor shall not be 
     considered to create any liability, or to have any effect on 
     any liability under any other law, of any private property 
     owner with respect to any persons injured on such private 
     property.
       ``(c) Recognition of Authority to Control Land Use.--
     Nothing in this title shall be construed to modify the 
     authority of Federal, State, or local governments to regulate 
     land use.
       ``(d) Participation of Private Property Owners in 
     Corridor.--Nothing in this title shall be construed to 
     require the owner of any private property located within the 
     boundaries of the corridor to participate in or be associated 
     with the corridor.
       ``(e) Effect of Establishment.--The boundaries designated 
     for the corridor represent the area within which Federal 
     funds appropriated for the purpose of this title may be 
     expended. The establishment of the corridor and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory

[[Page 17472]]

     authority on land use within the corridor or its viewshed by 
     the Secretary, the National Park Service, or the 
     Association.''.

   TITLE V--REAUTHORIZATION OF APPROPRIATIONS FOR NEW JERSEY COASTAL 
                          HERITAGE TRAIL ROUTE

     SEC. 501. REAUTHORIZATION OF APPROPRIATIONS FOR NEW JERSEY 
                   COASTAL HERITAGE TRAIL ROUTE.

       (a) Reauthorization.--Public Law 100-515 (16 U.S.C. 1244 
     note) is amended by striking section 6 and inserting the 
     following:

     ``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary such sums as are necessary to carry out this 
     Act.
       ``(b) Use of Funds.--
       ``(1) In general.--Amounts made available under subsection 
     (a) shall be used only for--
       ``(A) technical assistance; and
       ``(B) the design and fabrication of interpretive materials, 
     devices, and signs.
       ``(2) Limitations.--No funds made available under 
     subsection (a) shall be used for--
       ``(A) operation, repair, or construction costs, except for 
     the costs of constructing interpretive exhibits; or
       ``(B) operation, maintenance, or repair costs for any road 
     or related structure.
       ``(3) Cost-sharing requirement.--
       ``(A) Federal share.--The Federal share of any project 
     carried out with amounts made available under subsection 
     (a)--
       ``(i) may not exceed 50 percent of the total project costs; 
     and
       ``(ii) shall be provided on a matching basis.
       ``(B) Form of non-federal share.--The non-Federal share of 
     carrying out a project with amounts made available under 
     subsection (a) may be in the form of cash, materials, or in-
     kind services, the value of which shall be determined by the 
     Secretary.
       ``(c) Termination of Authority.--The authorities provided 
     to the Secretary under this Act shall terminate on September 
     30, 2007.''.
       (b) Strategic Plan.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available, the Secretary of the Interior 
     shall prepare a strategic plan for the New Jersey Coastal 
     Heritage Trail Route.
       (2) Contents.--The strategic plan shall describe--
       (A) opportunities to increase participation by national and 
     local private and public interests in the planning, 
     development, and administration of the New Jersey Coastal 
     Heritage Trail Route; and
       (B) organizational options for sustaining the New Jersey 
     Coastal Heritage Trail Route.
                                 ______
                                 
  SA 1584. Ms. COLLINS (for Mr. Domenici) proposed and amendment to the 
bill S. 203, to reduce temporarily the royalty required to be paid for 
sodium produced, to establish certain National Heritage Areas, and for 
other purposes; as follows:

       Amend the title so as to read: ``A bill to reduce 
     temporarily the royalty required to be paid for sodium 
     produced, to establish certain National Heritage Areas, and 
     for other purposes.''.
                                 ______
                                 
  SA 1585.  Ms. COLLINS (for Mr. Bingaman (for himself and Mr. 
Domenici)) proposed an amendment to the bill S. 214, to authorize the 
Secretary of the Interior to cooperate with the States on the border 
with Mexico and other appropriate entities in conducting a 
hydrogeologic characterization, mapping, and modeling program for 
priority transboundary aquifers, and for other purposes; as follows:

       On page 7, strike lines 15 through 19 and insert the 
     following:
       (A) the Hueco Bolson and Mesilla aquifers underlying parts 
     of Texas, New Mexico, and Mexico;
       (B) the Santa Cruz River Valley aquifers underlying Arizona 
     and Sonora, Mexico; and
       (C) the San Pedro aquifers underlying Arizona and Sonora, 
     Mexico.
                                 ______
                                 
  SA 1586.  Ms. COLLINS (for Mr. Domenici) proposed an amendment to the 
bill S. 243, to establish a program and criteria for National Heritage 
Areas in the United States, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Heritage Areas Partnership Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. National Heritage Areas system.
Sec. 5. Studies.
Sec. 6. Designation of National Heritage Areas.
Sec. 7. Management plans.
Sec. 8. Local coordinating entities.
Sec. 9. Relationship to other Federal agencies.
Sec. 10. Private property and regulatory protections.
Sec. 11. Partnership support.
Sec. 12. Authorization of appropriations.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to promote public understanding, appreciation, and 
     enjoyment of many places, events and people that have 
     contributed to the story of the United States;
       (2) to promote innovative and partnership-driven management 
     strategies that recognize regional values, encourage locally 
     tailored resource stewardship and interpretation, and provide 
     for the effective leveraging of Federal funds with other 
     local, State, and private funding sources;
       (3) to unify national standards and processes for 
     conducting feasibility studies, designating a system of 
     National Heritage Areas, and approving management plans for 
     National Heritage Areas;
       (4) to provide appropriate linkages between units of the 
     National Park System and communities, governments, and 
     organizations within National Heritage Areas; and
       (5) to provide financial and technical assistance to 
     National Heritage Area local coordinating entities that act 
     as a catalyst for diverse regions, communities, 
     organizations, and citizens to undertake projects and 
     programs for collaborative resource stewardship and 
     interpretation.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Local coordinating entity.--The term ``local 
     coordinating entity'' means the entity designated by 
     Congress--
       (A) to develop, in partnership with others, the management 
     plan for a National Heritage Area; and
       (B) to act as a catalyst for the implementation of projects 
     and programs among diverse partners in the National Heritage 
     Area.
       (2) Management plan.--The term ``management plan'' means 
     the plan prepared by the local coordinating entity for a 
     National Heritage Area designated by Congress that specifies 
     actions, policies, strategies, performance goals, and 
     recommendations to meet the goals of the National Heritage 
     Area, in accordance with section 7.
       (3) National heritage area.--The term ``National Heritage 
     Area'' means an area designated by Congress that is 
     nationally important to the heritage of the United States and 
     meets the criteria established under section 5(a).
       (4) National importance.--The term ``national importance'' 
     means possession of--
       (A) unique natural, historical, cultural, educational, 
     scenic, or recreational resources of exceptional value or 
     quality; and
       (B) a high degree of integrity of location, setting, or 
     association in illustrating or interpreting the heritage of 
     the United States.
       (5) Proposed national heritage area.--The term ``proposed 
     National Heritage Area'' means an area under study by the 
     Secretary or other parties for potential designation by 
     Congress as a National Heritage Area.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Study.--The term ``study'' means a study conducted by 
     the Secretary, or conducted by 1 or more other interested 
     parties and reviewed by the Secretary, in accordance with the 
     criteria and processes established under section 5, to 
     determine whether an area meets the criteria to be designated 
     as a National Heritage Area by Congress.
       (8) System.--The term ``system'' means the system of 
     National Heritage Areas established under section 4(a).

     SEC. 4. NATIONAL HERITAGE AREAS SYSTEM.

       (a) In General.--In order to recognize certain areas of the 
     United States that tell nationally important stories and to 
     protect, enhance, and interpret the natural, historic, 
     scenic, and cultural resources of the areas that together 
     illustrate significant aspects of the heritage of the United 
     States, there is established a system of National Heritage 
     Areas through which the Secretary shall provide technical and 
     financial assistance to local coordinating entities to 
     support the establishment, development, and continuity of the 
     National Heritage Areas.
       (b) System.--The system of National Heritage Areas shall be 
     composed of--
       (1) National Heritage Areas established by Congress before 
     or on the date of enactment of this Act; and
       (2) National Heritage Areas established by Congress after 
     the date of enactment of this Act, as provided for in this 
     Act.
       (c) Relationship to the National Park System.--
       (1) Relationship to national park units.--The Secretary 
     shall--
       (A) ensure, to the maximum extent practicable, 
     participation and assistance by units of the National Park 
     System located near or encompassed by National Heritage Areas 
     in local initiatives for National Heritage Areas that 
     conserve and interpret resources consistent with an approved 
     management plan; and
       (B) work with National Heritage Areas to promote public 
     enjoyment of units of the National Park System and park-
     related resources.
       (2) Applicability of laws.--National Heritage Areas shall 
     not be--
       (A) considered to be units of the National Park System; or

[[Page 17473]]

       (B) subject to the laws applicable to units of the National 
     Park System.
       (d) Duties.--Under the system, the Secretary shall--
       (1)(A) conduct studies, as directed by Congress, to assess 
     the suitability and feasibility of designating proposed 
     National Heritage Areas; or
       (B) review and comment on studies undertaken by other 
     parties to make such assessment;
       (2) provide technical and financial assistance, on a 
     reimbursable or non-reimbursable basis (as determined by the 
     Secretary), for the development and implementation of 
     management plans for designated National Heritage Areas;
       (3) enter into cooperative agreements with interested 
     parties to carry out this Act;
       (4) provide information, promote understanding, and 
     encourage research on National Heritage Areas in partnership 
     with local coordinating entities;
       (5) provide national oversight, analysis, coordination, and 
     technical and financial assistance and support to ensure 
     consistency and accountability under the system;
       (6) submit annually to the Committee on Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a report describing the 
     allocation and expenditure of funds for activities conducted 
     with respect to National Heritage Areas under this Act; and
       (7)(A) conduct an evaluation and prepare a report on the 
     accomplishments, sustainability, and recommendations for the 
     future of each designated National Heritage Area 3 years 
     before cessation of Federal funding for the area under 
     section 12; and
       (B) submit a report on the findings of the evaluation to 
     the Committee on Resources of the House of Representatives 
     and the Committee on Energy and Natural Resources of the 
     Senate.

     SEC. 5. STUDIES.

       (a) Criteria.--In conducting or reviewing a study, the 
     Secretary shall apply the following criteria to determine the 
     suitability and feasibility of designating a proposed 
     National Heritage Area:
       (1) An area--
       (A) has an assemblage of natural, historic, cultural, 
     educational, scenic, or recreational resources that together 
     are nationally important to the heritage of the United 
     States;
       (B) represents distinctive aspects of the heritage of the 
     United States worthy of recognition, conservation, 
     interpretation, and continuing use;
       (C) is best managed as such an assemblage through 
     partnerships among public and private entities at the local 
     or regional level;
       (D) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the heritage of the United 
     States;
       (E) provides outstanding opportunities to conserve natural, 
     historical, cultural, or scenic features;
       (F) provides outstanding recreational or educational 
     opportunities; and
       (G) has resources and traditional uses that have national 
     importance.
       (2) Residents, business interests, nonprofit organizations, 
     and governments (including relevant Federal land management 
     agencies) within the proposed area are involved in the 
     planning and have demonstrated significant support through 
     letters and other means for National Heritage Area 
     designation and management.
       (3) The local coordinating entity responsible for preparing 
     and implementing the management plan is identified.
       (4) The proposed local coordinating entity and units of 
     government supporting the designation are willing and have 
     documented a significant commitment to work in partnership to 
     protect, enhance, interpret, fund, manage, and develop 
     resources within the National Heritage Area.
       (5) The proposed local coordinating entity has developed a 
     conceptual financial plan that outlines the roles of all 
     participants (including the Federal Government) in the 
     management of the National Heritage Area.
       (6) The proposal is consistent with continued economic 
     activity within the area.
       (7) A conceptual boundary map has been developed and is 
     supported by the public and participating Federal agencies.
       (b) Consultation.--In conducting or reviewing a study, the 
     Secretary shall consult with the managers of any Federal land 
     within the proposed National Heritage Area and secure the 
     concurrence of the managers with the findings of the study 
     before making a determination for designation.
       (c) Approval.--On completion or receipt of a study for a 
     National Heritage Area, the Secretary shall--
       (1) review, comment on, and determine if the study meets 
     the criteria specified in subsection (a) for designation as a 
     National Heritage Area;
       (2) consult with the Governor of each State in which the 
     proposed National Heritage Area is located; and
       (3) transmit to the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate, the study, including--
       (A) any comments received from the Governor of each State 
     in which the proposed National Heritage Area is located; and
       (B) a finding as to whether the proposed National Heritage 
     Area meets the criteria for designation.
       (d) Disapproval.--If the Secretary determines that any 
     proposed National Heritage Area does not meet the criteria 
     for designation, the Secretary shall include within the study 
     submitted under subsection (c)(3) a description of the 
     reasons for the determination.

     SEC. 6. DESIGNATION OF NATIONAL HERITAGE AREAS.

       (a) In General.--The designation of a National Heritage 
     Area shall be--
       (1) by Act of Congress; and
       (2) contingent on the prior completion of a study and an 
     affirmative determination by the Secretary that the area 
     meets the criteria established under section 5(a).
       (b) Component of the System.--Any National Heritage Area 
     designated under subsection (a) shall be a component of the 
     system.

     SEC. 7. MANAGEMENT PLANS.

       (a) Requirements.--The management plan for any National 
     Heritage Area shall--
       (1) describe comprehensive policies, goals, strategies, and 
     recommendations for telling the story of the heritage of the 
     area covered by the National Heritage Area and encouraging 
     long-term resource protection, enhancement, interpretation, 
     funding, management, and development of the National Heritage 
     Area;
       (2) include a description of actions and commitments that 
     governments, private organizations, and citizens will take to 
     protect, enhance, interpret, fund, manage, and develop the 
     natural, historical, cultural, educational, scenic, and 
     recreational resources of the National Heritage Area;
       (3) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the National Heritage 
     Area;
       (4) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the National Heritage Area related to the national importance 
     and themes of the National Heritage Area that should be 
     protected, enhanced, interpreted, managed, funded, and 
     developed;
       (5) recommend policies and strategies for resource 
     management, including the development of intergovernmental 
     and interagency agreements to protect, enhance, interpret, 
     fund, manage, and develop the natural, historical, cultural, 
     educational, scenic, and recreational resources of the 
     National Heritage Area;
       (6) describe a program for implementation for the 
     management plan, including--
       (A) performance goals;
       (B) plans for resource protection, enhancement, 
     interpretation, funding, management, and development; and
       (C) specific commitments for implementation that have been 
     made by the local coordinating entity or any government 
     agency, organization, business, or individual;
       (7) include an analysis of, and recommendations for, means 
     by which Federal, State, and local programs may best be 
     coordinated (including the role of the National Park Service 
     and other Federal agencies associated with the National 
     Heritage Area) to further the purposes of this Act; and
       (8) include a business plan that--
       (A) describes the role, operation, financing, and functions 
     of the local coordinating entity and of each of the major 
     activities contained in the management plan; and
       (B) provides adequate assurances that the local 
     coordinating entity has the partnerships and financial and 
     other resources necessary to implement the management plan 
     for the National Heritage Area.
       (b) Deadline.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are first made available to develop the 
     management plan after designation as a National Heritage 
     Area, the local coordinating entity shall submit the 
     management plan to the Secretary for approval.
       (2) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with paragraph (1), 
     the local coordinating entity shall not qualify for any 
     additional financial assistance under this Act until such 
     time as the management plan is submitted to and approved by 
     the Secretary.
       (c) Approval of Management Plan.--
       (1) Review.--Not later than 180 days after receiving the 
     plan, the Secretary shall review and approve or disapprove 
     the management plan for a National Heritage Area on the basis 
     of the criteria established under paragraph (3).
       (2) Consultation.--The Secretary shall consult with the 
     Governor of each State in which the National Heritage Area is 
     located before approving a management plan for the National 
     Heritage Area.
       (3) Criteria for approval.--In determining whether to 
     approve a management plan for a National Heritage Area, the 
     Secretary shall consider whether--
       (A) the local coordinating entity represents the diverse 
     interests of the National Heritage Area, including 
     governments, natural and historic resource protection 
     organizations, educational institutions, businesses, 
     recreational organizations, community residents, and private 
     property owners;
       (B) the local coordinating entity--

[[Page 17474]]

       (i) has afforded adequate opportunity for public and 
     governmental involvement (including through workshops and 
     hearings) in the preparation of the management plan; and
       (ii) provides for at least semiannual public meetings to 
     ensure adequate implementation of the management plan;
       (C) the resource protection, enhancement, interpretation, 
     funding, management, and development strategies described in 
     the management plan, if implemented, would adequately 
     protect, enhance, interpret, fund, manage, and develop the 
     natural, historic, cultural, educational, scenic, and 
     recreational resources of the National Heritage Area;
       (D) the management plan would not adversely affect any 
     activities authorized on Federal land under public land laws 
     or land use plans;
       (E) the local coordinating entity has demonstrated the 
     financial capability, in partnership with others, to carry 
     out the plan;
       (F) the Secretary has received adequate assurances from the 
     appropriate State and local officials whose support is needed 
     to ensure the effective implementation of the State and local 
     elements of the management plan; and
       (G) the management plan demonstrates partnerships among the 
     local coordinating entity, Federal, State, and local 
     governments, regional planning organizations, nonprofit 
     organizations, or private sector parties for implementation 
     of the management plan.
       (4) Disapproval.--
       (A) In general.--If the Secretary disapproves the 
     management plan, the Secretary--
       (i) shall advise the local coordinating entity in writing 
     of the reasons for the disapproval; and
       (ii) may make recommendations to the local coordinating 
     entity for revisions to the management plan.
       (B) Deadline.--Not later than 180 days after receiving a 
     revised management plan, the Secretary shall approve or 
     disapprove the revised management plan.
       (5) Amendments.--
       (A) In general.--An amendment to the management plan that 
     substantially alters the purposes of the National Heritage 
     Area shall be reviewed by the Secretary and approved or 
     disapproved in the same manner as the original management 
     plan.
       (B) Implementation.--The local coordinating entity shall 
     not use Federal funds authorized by this Act to implement an 
     amendment to the management plan until the Secretary approves 
     the amendment.

     SEC. 8. LOCAL COORDINATING ENTITIES.

       (a) Duties.--To further the purposes of the National 
     Heritage Area, the local coordinating entity shall--
       (1) prepare a management plan for the National Heritage 
     Area, and submit the management plan to the Secretary, in 
     accordance with section 7;
       (2) submit an annual report to the Secretary for each 
     fiscal year for which the local coordinating entity receives 
     Federal funds under this Act, specifying--
       (A) the specific performance goals and accomplishments of 
     the local coordinating entity;
       (B) the expenses and income of the local coordinating 
     entity;
       (C) the amounts and sources of matching funds;
       (D) the amounts leveraged with Federal funds and sources of 
     the leveraging; and
       (E) grants made to any other entities during the fiscal 
     year;
       (3) make available for audit for each fiscal year for which 
     the local coordinating entity receives Federal funds under 
     this Act, all information pertaining to the expenditure of 
     the funds and any matching funds; and
       (4) encourage economic viability and sustainability that is 
     consistent with the purposes of the National Heritage Area.
       (b) Authorities.--For the purposes of preparing and 
     implementing the approved management plan for the National 
     Heritage Area, the local coordinating entity may use Federal 
     funds made available under this Act to--
       (1) make grants to political jurisdictions, nonprofit 
     organizations, and other parties within the National Heritage 
     Area;
       (2) enter into cooperative agreements with or provide 
     technical assistance to political jurisdictions, nonprofit 
     organizations, Federal agencies, and other interested 
     parties;
       (3) hire and compensate staff, including individuals with 
     expertise in--
       (A) natural, historical, cultural, educational, scenic, and 
     recreational resource conservation;
       (B) economic and community development; and
       (C) heritage planning;
       (4) obtain funds or services from any source, including 
     other Federal laws or programs;
       (5) contract for goods or services; and
       (6) support activities of partners and any other activities 
     that further the purposes of the National Heritage Area and 
     are consistent with the approved management plan.
       (c) Prohibition on Acquisition of Real Property.--The local 
     coordinating entity may not use Federal funds authorized 
     under this Act to acquire any interest in real property.

     SEC. 9. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

       (a) In General.--Nothing in this Act affects the authority 
     of a Federal agency to provide technical or financial 
     assistance under any other law.
       (b) Consultation and Coordination.--The head of any Federal 
     agency planning to conduct activities that may have an impact 
     on a National Heritage Area is encouraged to consult and 
     coordinate the activities with the Secretary and the local 
     coordinating entity to the maximum extent practicable.
       (c) Other Federal Agencies.--Nothing in this Act--
       (1) modifies, alters, or amends any law or regulation 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (2) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     a National Heritage Area; or
       (3) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.

     SEC. 10. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

       Nothing in this Act--
       (1) abridges the rights of any property owner (whether 
     public or private), including the right to refrain from 
     participating in any plan, project, program, or activity 
     conducted within the National Heritage Area;
       (2) requires any property owner to permit public access 
     (including access by Federal, State, or local agencies) to 
     the property of the property owner, or to modify public 
     access or use of property of the property owner under any 
     other Federal, State, or local law;
       (3) alters any duly adopted land use regulation, approved 
     land use plan, or other regulatory authority of any Federal, 
     State or local agency, or conveys any land use or other 
     regulatory authority to any local coordinating entity;
       (4) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (5) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the National Heritage Area; or
       (6) creates any liability, or affects any liability under 
     any other law, of any private property owner with respect to 
     any person injured on the private property.

     SEC. 11. PARTNERSHIP SUPPORT.

       (a) Technical Assistance.--On termination of the 15-year 
     period for which assistance is provided under section 12, the 
     Secretary may, on request of a local coordinating entity, 
     continue to provide technical assistance to a National 
     Heritage Area under section 4.
       (b) Grant Assistance.--
       (1) In general.--The Secretary may establish a grant 
     program under which the Secretary provides grants, on a 
     competitive basis, to local coordinating entities for the 
     conduct of individual projects at National Heritage Areas for 
     which financial assistance has terminated under section 12.
       (2) Conditions.--The provision of a grant under paragraph 
     (1) shall be subject to the condition that--
       (A) a project must be approved by the local coordinating 
     entity as promoting the purposes of the management plan 
     required under section 7;
       (B) a project may receive only 1 grant of no more than 
     $250,000 in any 1 fiscal year;
       (C) a maximum of $250,000 may be received by a local 
     coordinating entity for projects funded under this subsection 
     in any 1 fiscal year; and
       (D) a project shall not be eligible for funding under this 
     section in any fiscal year that a local coordinating entity 
     receives an appropriation through the National Park Service 
     (excluding technical assistance) for the National Heritage 
     Area at which the project is being conducted.
       (c) Report.--For each fiscal year in which assistance is 
     provided under this section, the Secretary shall submit to 
     the Committee on Appropriations of the House of 
     Representatives and the Committee on Appropriations of the 
     Senate a list of the projects provided assistance for the 
     fiscal year.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       (a) Studies.--There is authorized to be appropriated to 
     conduct and review studies under section 5 $750,000 for each 
     fiscal year, of which not more than $250,000 for any fiscal 
     year may be used for any individual study for a proposed 
     National Heritage Area.
       (b) Local Coordinating Entities.--
       (1) In general.--There is authorized to be appropriated to 
     carry out section 8 $25,000,000 for each fiscal year, of 
     which not more than--
       (A) $1,000,000 may be made available for any fiscal year 
     for any individual National Heritage Area, to remain 
     available until expended; and
       (B) a total of $10,000,000 may be made available for all 
     such fiscal years for any individual National Heritage Area.
       (2) Termination date.--
       (A) In general.--The authority of the Secretary to provide 
     financial assistance to an individual local coordinating 
     entity under this section (excluding technical assistance and 
     administrative oversight) shall terminate on the date that is 
     15 years after the date of the initial receipt of the 
     assistance by the local coordinating entity.

[[Page 17475]]

       (B) Designation.--A National Heritage Area shall retain the 
     designation as a National Heritage Area after the termination 
     date prescribed in subparagraph (A).
       (3) Administration.--Not more than 5 percent of the amount 
     of funds made available under paragraph (1) for a fiscal year 
     may be used by the Secretary for technical assistance, 
     oversight, and administrative purposes.
       (c) Heritage Partnership Grant Assistance.--There is 
     authorized to be appropriated to the Secretary to carry out 
     section 11 $5,000,000 for each fiscal year.
       (d) Matching Funds.--
       (1) In general.--As a condition of receiving a grant under 
     this Act, the recipient of the grant shall provide matching 
     funds in an amount that is equal to the amount of the grant.
       (2) Administration.--The recipient matching funds--
       (A) shall be derived from non-Federal sources; and
       (B) may be made in the form of in-kind contributions of 
     goods or services fairly valued.
                                 ______
                                 
  SA 1587.  Ms. COLLINS (for Mr. Domenici) proposed an amendment to the 
bill S. 264, to amend the Reclamation Wastewater and Groundwater Study 
and Facilities Act to authorize certain projects in the State of 
Hawaii; as follows:

       On page 2, strike lines 1 through 5 and insert the 
     following:

     SEC. 2. HAWAII RECLAMATION PROJECTS.

       (a) In General.--The Reclamation Wastewater and Groundwater 
     Study and Facilities Act (43 U.S.C. 390h et seq.) is 
     amended--
       (1) by redesignating the second section 1636 (as added by 
     section 1(b) of Public Law 108-316 (118 Stat. 1202)) as 
     section 1637; and
       (2) by adding at the end the following:

     ``SEC. 1638. HAWAII RECLAMATION PROJECTS.

       On page 3, strike line 13 and all that follows through the 
     matter following line 14 and insert the following:

     is amended by striking the item relating to the second 
     section 1636 (as added by section 2 of Public Law 108-316 
     (118 Stat. 1202)) and inserting the following:

``Sec. 1637. Williamson County, Texas, Water Recylcing and Reuse 
              Project.
``Sec. 1638. Hawaii reclamation projects.''.
                                 ______
                                 
  SA 1588.  Ms. COLLINS (for Mr. Domenici) proposed an amendment to the 
bill S. 128, to designate certain public land in Humboldt, Del Norte, 
Mendocino, Lake, and Napa Counties in the State of California as 
wilderness, to designate certain segments of the Black Butte River in 
Mendocino County, California as a wild or scenic river, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Northern California Coastal 
     Wild Heritage Wilderness Act''.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means--
       (1) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (2) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.

     SEC. 3. DESIGNATION OF WILDERNESS AREAS.

       In accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.), the following areas in the State of California are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Snow mountain wilderness addition.--
       (A) In general.--Certain land in the Mendocino National 
     Forest, comprising approximately 23,312 acres, as generally 
     depicted on the maps described in subparagraph (B), is 
     incorporated in and shall considered to be a part of the 
     ``Snow Mountain Wilderness'', as designated by section 
     101(a)(31) of the California Wilderness Act of 1984 (16 
     U.S.C. 1132 note; Public Law 98-425).
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``Skeleton Glade Unit, Snow Mountain 
     Proposed Wilderness Addition, Mendocino National Forest'' and 
     dated April 21, 2005; and
       (ii) the map entitled ``Bear Creek/Deafy Glade Unit, Snow 
     Mountain Wilderness Addition, Mendocino National Forest'' and 
     dated April 21, 2005.
       (2) Sanhedrin wilderness.--Certain land in the Mendocino 
     National Forest, comprising approximately 10,571 acres, as 
     generally depicted on the map entitled ``Sanhedrin Proposed 
     Wilderness, Mendocino National Forest'' and dated April 21, 
     2005, which shall be known as the ``Sanhedrin Wilderness''.
       (3) Yuki wilderness.--Certain land in the Mendocino 
     National Forest and certain land administered by the Bureau 
     of Land Management in Lake and Mendocino Counties, 
     California, together comprising approximately 53,887 acres, 
     as generally depicted on the map entitled ``Yuki Proposed 
     Wilderness'' and dated May 23, 2005, which shall be known as 
     the ``Yuki Wilderness''.
       (4) Yolla bolly-middle eel wilderness addition.--Certain 
     land in the Mendocino National Forest and certain land 
     administered by the Bureau of Land Management in Mendocino 
     County, California, together comprising approximately 27,036 
     acres, as generally depicted on the map entitled ``Middle 
     Fork Eel, Smokehouse and Big Butte Units, Yolla Bolly-Middle 
     Eel Proposed Wilderness Addition'' and dated June 7, 2005, is 
     incorporated in and shall considered to be a part of the 
     Yolla Bolly-Middle Eel Wilderness, as designated by section 3 
     of the Wilderness Act (16 U.S.C. 1132).
       (5) Mad river buttes wilderness.--Certain land in the Six 
     Rivers National Forest, comprising approximately 5,506 acres, 
     as generally depicted on the map entitled ``Mad River Buttes, 
     Mad River Proposed Wilderness'' and dated June 28, 2005, 
     which shall be known as the ``Mad River Buttes Wilderness''.
       (6) Siskiyou wilderness addition.--
       (A) In general.--Certain land in the Six Rivers National 
     Forest, comprising approximately 44,801 acres, as generally 
     depicted on the maps described in subparagraph (B), is 
     incorporated in and shall be considered to be a part of the 
     Siskiyou Wilderness, as designated by section 101(a)(30) of 
     the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 
     Public Law 98-425).
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``Bear Basin Butte Unit, Siskiyou 
     Proposed Wilderness Additions, Six Rivers National Forest'' 
     and dated June 28, 2005;
       (ii) the map entitled ``Blue Creek Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     October 28, 2004;
       (iii) the map entitled ``Blue Ridge Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     June 28, 2005;
       (iv) the map entitled ``Broken Rib Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     June 28, 2005; and
       (v) the map entitled ``Wooly Bear Unit, Siskiyou Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     June 28, 2005.
       (7) Mount lassic wilderness.--Certain land in the Six 
     Rivers National Forest, comprising approximately 7,279 acres, 
     as generally depicted on the map entitled ``Mt. Lassic 
     Proposed Wilderness'' and dated June 7, 2005, which shall be 
     known as the ``Mount Lassic Wilderness''.
       (8) Trinity alps wilderness addition.--
       (A) In general.--Certain land in the Six Rivers National 
     Forest, comprising approximately 28,805 acres, as generally 
     depicted on the maps described in subparagraph (B) and which 
     is incorporated in and shall be considered to be a part of 
     the Trinity Alps Wilderness as designated by section 
     101(a)(34) of the California Wilderness Act of 1984 (16 
     U.S.C. 1132 note; Public Law 98-425).
       (B) Description of maps.--The maps referred to in 
     subparagraph (A) are--
       (i) the map entitled ``Orleans Mountain Unit (Boise Creek), 
     Trinity Alps Proposed Wilderness Addition, Six Rivers 
     National Forest'', and dated October 28, 2004;
       (ii) the map entitled ``East Fork Unit, Trinity Alps 
     Proposed Wilderness Addition, Six Rivers National Forest'' 
     and dated September 17, 2004;
       (iii) the map entitled ``Horse Linto Unit, Trinity Alps 
     Proposed Wilderness Addition, Six Rivers National Forest'' 
     and dated September 17, 2004; and
       (iv) the map entitled ``Red Cap Unit, Trinity Alps Proposed 
     Wilderness Addition, Six Rivers National Forest'' and dated 
     June 7, 2005.
       (9) Underwood wilderness.--Certain land in the Six Rivers 
     National Forest, comprising approximately 2,705 acres, as 
     generally depicted on the map entitled ``Underwood Proposed 
     Wilderness, Six Rivers National Forest'' and dated June 28, 
     2005, which shall be known as the ``Underwood Wilderness''.
       (10) Cache creek wilderness.--Certain land administered by 
     the Bureau of Land Management in Lake County, California, 
     comprising approximately 31,025 acres, as generally depicted 
     on the map entitled ``Cache Creek Wilderness Area'' and dated 
     June 16, 2005, which shall be known as the ``Cache Creek 
     Wilderness''.
       (11) Cedar roughs wilderness.--Certain land administered by 
     the Bureau of Land Management in Napa County, California, 
     comprising approximately 6,350 acres, as generally depicted 
     on the map entitled ``Cedar Roughs Wilderness Area'' and 
     dated September 27, 2004, which shall be known as the ``Cedar 
     Roughs Wilderness''.
       (12) South fork eel river wilderness.--Certain land 
     administered by the Bureau of Land Management in Mendocino 
     County, California, comprising approximately 12,915 acres, as 
     generally depicted on the map entitled ``South Fork Eel River 
     Wilderness Area and Elkhorn Ridge Potential Wilderness'' and 
     dated June 16, 2005, which shall be known as the ``South Fork 
     Eel River Wilderness''.
       (13) King range wilderness.--
       (A) In general.--Certain land administered by the Bureau of 
     Land Management in

[[Page 17476]]

     Humboldt and Mendocino Counties, California, comprising 
     approximately 42,585 acres, as generally depicted on the map 
     entitled ``King Range Wilderness'', and dated November 12, 
     2004, which shall be known as the ``King Range Wilderness''.
       (B) Applicable law.--With respect to the wilderness 
     designated by subparagraph (A), in the case of a conflict 
     between this Act and Public Law 91-476 (16 U.S.C. 460y et 
     seq.), the more restrictive provision shall control.
       (14) Rocks and islands.--
       (A) In general.--All Federally-owned rocks, islets, and 
     islands (whether named or unnamed and surveyed or unsurveyed) 
     that are located--
       (i) not more than 3 geographic miles off the coast of the 
     King Range National Conservation Area; and
       (ii) above mean high tide.
       (B) Applicable law.--In the case of a conflict between this 
     Act and Proclamation No. 7264 (65 Fed. Reg. 2821), the more 
     restrictive provision shall control.

     SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.

       (a) Management.--Subject to valid existing rights, each 
     area designated as wilderness by this Act shall be 
     administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that--
       (1) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of enactment of 
     this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary that has jurisdiction over the wilderness.
       (b) Map and Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of each wilderness area designated by this 
     Act with--
       (A) the Committee on Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--A map and legal description filed under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     errors in the map and legal description.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be filed and made available 
     for public inspection in the appropriate office of the 
     Secretary.
       (c) Incorporation of Acquired Land and Interests.--Any land 
     within the boundary of a wilderness area designated by this 
     Act that is acquired by the Federal Government shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with this Act, the Wilderness 
     Act (16 U.S.C. 1131 et seq.), and any other applicable law.
       (d) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the Federal land 
     designated as wilderness by this Act is withdrawn from all 
     forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (e) Fire, Insect, and Disease Management Activities.--
       (1) In general.--The Secretary may take such measures in 
     the wilderness areas designated by this Act as are necessary 
     for the control and prevention of fire, insects, and 
     diseases, in accordance with--
       (A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 
     1133(d)(1)); and
       (B) House Report No. 98-40 of the 98th Congress.
       (2) Review.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall review existing 
     policies applicable to the wilderness areas designated by 
     this Act to ensure that authorized approval procedures for 
     any fire management measures allow a timely and efficient 
     response to fire emergencies in the wilderness areas.
       (f) Access to Private Property.--
       (1) In general.--The Secretary shall provide any owner of 
     private property within the boundary of a wilderness area 
     designated by this Act adequate access to such property to 
     ensure the reasonable use and enjoyment of the property by 
     the owner.
       (2) King range wilderness.--
       (A) In general.--Subject to subparagraph (B), within the 
     wilderness designated by section 3(13), the access route 
     depicted on the map for private landowners shall also be 
     available for invitees of the private landowners.
       (B) Limitation.--Nothing in subparagraph (A) requires the 
     Secretary to provide any access to the landowners or invitees 
     beyond the access that would be available if the wilderness 
     had not been designated.
       (g) Snow Sensors and Stream Gauges.--If the Secretary 
     determines that hydrologic, meteorologic, or climatological 
     instrumentation is appropriate to further the scientific, 
     educational, and conservation purposes of the wilderness 
     areas designated by this Act, nothing in this Act prevents 
     the installation and maintenance of the instrumentation 
     within the wilderness areas.
       (h) Military Activities.--Nothing in this Act precludes 
     low-level overflights of military aircraft, the designation 
     of new units of special airspace, or the use or establishment 
     of military flight training routes over wilderness areas 
     designated by this Act.
       (i) Livestock.--Grazing of livestock and the maintenance of 
     existing facilities related to grazing in wilderness areas 
     designated by this Act, where established before the date of 
     enactment of this Act, shall be permitted to continue in 
     accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (H. Rept. 101-405).
       (j) Fish and Wildlife Management.--
       (1) In general.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may 
     carry out management activities to maintain or restore fish 
     and wildlife populations and fish and wildlife habitats in 
     wilderness areas designated by this Act if such activities 
     are--
       (A) consistent with applicable wilderness management plans; 
     and
       (B) carried out in accordance with applicable guidelines 
     and policies.
       (2) State jurisdiction.--Nothing in this Act affects the 
     jurisdiction of the State of California with respect to fish 
     and wildlife on the public land located in the State.
       (k) Use by Members of Indian Tribes.--
       (1) Access.--In recognition of the past use of wilderness 
     areas designated by this Act by members of Indian tribes for 
     traditional cultural and religious purposes, the Secretary 
     shall ensure that Indian tribes have access to the wilderness 
     areas for traditional cultural and religious purposes.
       (2) Temporary closures.--
       (A) In general.--In carrying out this section, the 
     Secretary, on request of an Indian tribe, may temporarily 
     close to the general public 1 or more specific portions of a 
     wilderness area to protect the privacy of the members of the 
     Indian tribe in the conduct of the traditional cultural and 
     religious activities in the wilderness area.
       (B) Requirement.--Any closure under subparagraph (A) shall 
     be made in such a manner as to affect the smallest 
     practicable area for the minimum period of time necessary for 
     the activity to be carried out.
       (3) Applicable law.--Access to the wilderness areas under 
     this subsection shall be in accordance with--
       (A) Public Law 95-341 (commonly known as the ``American 
     Indian Religious Freedom Act'') (42 U.S.C. 1996 et seq.); and
       (B) the Wilderness Act (16 U.S.C. 1131 et seq.).
       (l) Adjacent Management.--
       (1) In general.--Nothing in this Act creates protective 
     perimeters or buffer zones around any wilderness area 
     designated by this Act.
       (2) Nonwilderness activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within a 
     wilderness area designated by this Act shall not preclude the 
     conduct of those activities or uses outside the boundary of 
     the wilderness area.

     SEC. 5. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1782), any portion of a wilderness study area 
     described in subsection (b) that is not designated as 
     wilderness by this Act or any previous Act has been 
     adequately studied for wilderness.
       (b) Description of Study Areas.--The study areas referred 
     to in subsection (a) are--
       (1) the King Range Wilderness Study Area;
       (2) the Chemise Mountain Instant Study Area;
       (3) the Red Mountain Wilderness Study Area;
       (4) the Cedar Roughs Wilderness Study Area; and
       (5) those portions of the Rocky Creek/Cache Creek 
     Wilderness Study Area in Lake County, California which are 
     not in R. 5 W., T. 12 N., sec. 22, Mount Diablo Meridian.
       (c) Release.--Any portion of a wilderness study area 
     described in subsection (b) that is not designated as 
     wilderness by this Act or any other Act enacted before the 
     date of enactment of this Act shall not be subject to section 
     603(c) of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1782(c)).

     SEC. 6. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain public land 
     in the State administered by the Bureau of Land Management, 
     compromising approximately 11,271 acres, as generally 
     depicted on the map entitled ``South Fork Eel River 
     Wilderness Area and Elkhorn Ridge Potential Wilderness'' and 
     dated June 16, 2005, is designated as a potential wilderness 
     area.
       (b) Management.--Except as provided in subsection (c) and 
     subject to valid existing rights, the Secretary shall manage 
     the potential wilderness area as wilderness until the 
     potential wilderness area is designated as wilderness.
       (c) Ecological Restoration.--

[[Page 17477]]

       (1) In general.--For purposes of ecological restoration 
     (including the elimination of non-native species, removal of 
     illegal, unused, or decommissioned roads, repair of skid 
     tracks, and any other activities necessary to restore the 
     natural ecosystems in the potential wilderness area), the 
     Secretary may used motorized equipment and mechanized 
     transport in the potential wilderness area until the 
     potential wilderness area is designated as wilderness.
       (2) Limitation.--To the maximum extent practicable, the 
     Secretary shall use the minimum tool or administrative 
     practice necessary to accomplish ecological restoration with 
     the least amount of adverse impact on wilderness character 
     and resources.
       (d) Wilderness Designation.--
       (1) In general.--The potential wilderness area shall be 
     designated as wilderness and as a component of the National 
     Wilderness Preservation System on the earlier of--
       (A) the date on which the Secretary publishes in the 
     Federal Register notice that the conditions in the potential 
     wilderness area that are incompatible with the Wilderness Act 
     (16 U.S.C. 1131 et seq.) have been removed; or
       (B) the date that is 5 years after the date of enactment of 
     this Act.
       (2) Administration.--On designation as wilderness under 
     paragraph (1), the potential wilderness area shall be--
       (A) known as the ``Elkhorn Ridge Wilderness''; and
       (B) administered in accordance with this Act and the 
     Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 7. WILD AND SCENIC RIVER DESIGNATION.

       (a) Designation of Black Butte River, California.--Section 
     3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
     amended by adding at the end the following:
       ``(167) Black butte river, california.--The following 
     segments of the Black Butte River in the State of California, 
     to be administered by the Secretary of Agriculture:
       ``(A) The 16 miles of Black Butte River, from the Mendocino 
     County Line to its confluence with Jumpoff Creek, as a wild 
     river.
       ``(B) The 3.5 miles of Black Butte River from its 
     confluence with Jumpoff Creek to its confluence with Middle 
     Eel River, as a scenic river.
       ``(C) The 1.5 miles of Cold Creek from the Mendocino County 
     Line to its confluence with Black Butte River, as a wild 
     river.''.
       (b) Plan; Report.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     submit to Congress--
       (A) a fire management plan for the Black Butte River 
     segments designated by the amendment under subsection (a); 
     and
       (B) a report on the cultural and historic resources within 
     those segments.
       (2) Transmittal to county.--The Secretary of Agriculture 
     shall transmit to the Board of Supervisors of Mendocino 
     County, California, a copy of the plan and report submitted 
     under paragraph (1).

     SEC. 8. KING RANGE NATIONAL CONSERVATION AREA BOUNDARY 
                   ADJUSTMENT.

       Section 9 of Public Law 91-476 (16 U.S.C. 460y-8) is 
     amended by adding at the end the following:
       ``(d) In addition to the land described in subsections (a) 
     and (c), the land identified as the King Range National 
     Conservation Area Additions on the map entitled `King Range 
     Wilderness' and dated November 12, 2004, is included in the 
     Area.''.
                                 ______
                                 
  SA 1589.  Ms. COLLINS (for Mr. Domenici) proposed an amendment to the 
bill S. 136, to authorize the Secretary of the Interior to provide 
supplemental funding and other services that are necessary to assist 
certain local school districts in the State of California in providing 
educational services for students attending schools located within 
Yosemite National Park, to authorize the Secretary of the Interior to 
adjust the boundaries of the Golden Gate National Recreation Area, to 
adjust the boundaries of Redwood National Park, and for other purposes; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Table of contents.

          TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS

Sec. 102. Payments for educational services.
Sec. 103. Authorization for park facilities to be located outside the 
              boundaries of Yosemite National Park.

TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA 
                          BOUNDARY ADJUSTMENT

Sec. 201. Short title.
Sec. 202. Golden Gate National Recreation Area, California.

         TITLE III--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT.

Sec. 301. Short title.
Sec. 302. Redwood National Park boundary adjustment.

          TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS

     SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES.

       (a) In General.--(1) For fiscal years 2006 through 2009, 
     the Secretary of the Interior may provide funds to the Bass 
     Lake Joint Union Elementary School District and the Mariposa 
     Unified School District in the State of California for 
     educational services to students--
       (A) who are dependents of persons engaged in the 
     administration, operation, and maintenance of Yosemite 
     National Park; or
       (B) who live within or near the park upon real property 
     owned by the United States.
       (2) The Secretary's authority to make payments under this 
     section shall terminate if the State of California or local 
     education agencies do not continue to provide funding to the 
     schools referred to in subsection (a) at per student levels 
     that are no less than the amount provided in fiscal year 
     2005.
       (b) Limitation on Use of Funds.--Payments made under this 
     section shall only be used to pay public employees for 
     educational services provided in accordance with subsection 
     (a). Payments may not be used for construction, construction 
     contracts, or major capital improvements.
       (c) Limitation on Amount of Funds.--Payments made under 
     this section shall not exceed the lesser of--
       (1) $400,000 in any fiscal year; or
       (2) the amount necessary to provide students described in 
     subsection (a) with educational services that are normally 
     provided and generally available to students who attend 
     public schools elsewhere in the State of California.
       (d) Source of Payments.--(1) Except as otherwise provided 
     in this subsection, the Secretary may use funds available to 
     the National Park Service from appropriations, donations, or 
     fees.
       (2) Funds from the following sources shall not be used to 
     make payments under this section:
       (A) Any law authorizing the collection or expenditure of 
     entrance or use fees at units of the National Park System, 
     including--
       (i) the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.); and
       (ii) the Federal Lands Recreation Enhancement Act (16 
     U.S.C. 6801 et seq.).
       (B) Any unexpended receipts collected through--
       (i) the recreational fee demonstration program established 
     under section 315 of the Department of the Interior and 
     Related Agencies Appropriations Act, 1996 (16 U.S.C. 460l-6a 
     note; Public Law 104-134); or
       (ii) the national park passport program established under 
     section 602 of the National Parks Omnibus Management Act of 
     1998 (16 U.S.C. 5992).
       (C) Emergency appropriations for flood recovery at Yosemite 
     National Park.
       (3)(A) The Secretary may use an authorized funding source 
     to make payments under this section only if the funding 
     available to Yosemite National Park from such source (after 
     subtracting any payments to the school districts authorized 
     under this section) is greater than or equal to the amount 
     made available to the park for the prior fiscal year, or in 
     fiscal year 2005, whichever is greater.
       (B) It is the sense of Congress that any payments made 
     under this section should not result in a reduction of funds 
     to Yosemite National Park from any specific funding source, 
     and that with respect to appropriated funds, funding levels 
     should reflect annual increases in the park's operating base 
     funds that are generally made to units of the National Park 
     System.

     SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED 
                   OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL 
                   PARK.

       (a) Funding Authority for Transportation Systems and 
     External Facilities.--Section 814(c) of the Omnibus Parks and 
     Public Lands Management Act of 1996 (16 U.S.C. 346e) is 
     amended--
       (1) in the heading by inserting ``and yosemite national 
     park'' after ``zion national park'';
       (2) in the first sentence--
       (A) by inserting ``and Yosemite National Park'' after 
     ``Zion National Park''; and
       (B) by inserting ``for transportation systems or'' after 
     ``appropriated funds''; and
       (3) in the second sentence by striking ``facilities'' and 
     inserting ``systems or facilities''.
       (b) Clarifying Amendment for Transportation Fee 
     Authority.--Section 501 of the National Parks Omnibus 
     Management Act of 1998 (16 U.S.C. 5981) is amended in the 
     first sentence by striking ``service contract'' and inserting 
     ``service contract, cooperative agreement, or other 
     contractual arrangement''.

TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA 
                          BOUNDARY ADJUSTMENT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Rancho Corral de Tierra 
     Golden Gate National Recreation Area Boundary Adjustment 
     Act''.

     SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA.

       Section 2(a) of Public Law 92-589 (16 U.S.C. 460bb-1(a)) is 
     amended--

[[Page 17478]]

       (1) by striking ``The recreation area shall comprise'' and 
     inserting the following:
       ``(1) Initial lands.--The recreation area shall comprise''; 
     and
       (2) by striking ``The following additional lands are also'' 
     and all that follows through the period at the end of the 
     subsection and inserting the following new paragraphs:
       ``(2) Additional lands.--In addition to the lands described 
     in paragraph (1), the recreation area shall include the 
     following:
       ``(A) The parcels numbered by the Assessor of Marin County, 
     California, 119-040-04, 119-040-05, 119-040-18, 166-202-03, 
     166-010-06, 166-010-07, 166-010-24, 166-010-25, 119-240-19, 
     166-010-10, 166-010-22, 119-240-03, 119-240-51, 119-240-52, 
     119-240-54, 166-010-12, 166-010-13, and 119-235-10.
       ``(B) Lands and waters in San Mateo County generally 
     depicted on the map entitled `Sweeney Ridge Addition, Golden 
     Gate National Recreation Area', numbered NRA GG-80,000-A, and 
     dated May 1980.
       ``(C) Lands acquired under the Golden Gate National 
     Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 note; 
     Public Law 102-299).
       ``(D) Lands generally depicted on the map entitled 
     `Additions to Golden Gate National Recreation Area', numbered 
     NPS-80-076, and dated July 2000/PWR-PLRPC.
       ``(E) Lands generally depicted on the map entitled `Rancho 
     Corral de Tierra Additions to the Golden Gate National 
     Recreation Area', numbered NPS-80,079E, and dated March 2004.
       ``(3) Acquisition limitation.--The Secretary may acquire 
     land described in paragraph (2)(E) only from a willing 
     seller.''.

          TITLE III--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Redwood National Park 
     Boundary Adjustment Act of 2005''.

     SEC. 302. REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT.

       Section 2(a) of the Act of Public Law 90-545 (16 U.S.C. 
     79b(a)) is amended--
       (1) in the first sentence, by striking ``(a) The area'' and 
     all that follows through the period at the end and inserting 
     the following: ``(a)(1) The Redwood National Park consists of 
     the land generally depicted on the map entitled `Redwood 
     National Park, Revised Boundary', numbered 167/60502, and 
     dated February, 2003.'';
       (2) by inserting after paragraph (1) (as designated by 
     paragraph (1)) the following:
       ``(2) The map referred to in paragraph (1) shall be--
       ``(A) on file and available for public inspection in the 
     appropriate offices of the National Park Service; and
       ``(B) provided by the Secretary of the Interior to the 
     appropriate officers of Del Norte and Humboldt Counties, 
     California.''; and
       (3) in the second sentence--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(3) The Secretary;''and
       (B) by striking ``one hundred and six thousand acres'' and 
     inserting ``133,000 acres''.
                                 ______
                                 
  SA 1590. Ms. COLLINS (for Mr. Domenici) proposed an amendment to the 
bill S. 136, to authorize the Secretary of the Interior to provide 
supplemental funding and other services that are necessary to assist 
certain local school districts in the State of California in providing 
educational services for students attending schools located within 
Yosemite National Park, to authorize the Secretary of the Interior to 
adjust the boundaries of the Golden Gate National Recreation Area, to 
adjust the boundaries of Redwood National Park, and for other purposes; 
as follows:

       Amend the title so as to read: ``To authorize the Secretary 
     of the Interior to provide supplemental funding and other 
     services that are necessary to assist certain local school 
     districts in the State of California in providing educational 
     services for students attending schools located within 
     Yosemite National Park, to authorize the Secretary of the 
     Interior to adjust the boundaries of the Golden Gate National 
     Recreation Area, to adjust the boundaries of Redwood National 
     Park, and for other purposes.'' .
                                 ______
                                 
  SA 1591. Ms. COLLINS (for Mr. Domenici (for himself and Mr. 
Bingaman)) proposed an amendment to the bill S. 279, to amend the Act 
of June 7, 1924, to provide for the exercise of criminal jurisdiction; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. INDIAN PUEBLO LAND ACT AMENDMENTS.

       The Act of June 7, 1924 (43 Stat. 636, chapter 331), is 
     amended by adding at the end the following:

     ``SEC. 20. CRIMINAL JURISDICTION.

       ``(a) In General.--Except as otherwise provided by 
     Congress, jurisdiction over offenses committed anywhere 
     within the exterior boundaries of any grant from a prior 
     sovereign, as confirmed by Congress or the Court of Private 
     Land Claims to a Pueblo Indian tribe of New Mexico, shall be 
     as provided in this section.
       ``(b) Jurisdiction of the Pueblo.--The Pueblo has 
     jurisdiction, as an act of the Pueblos' inherent power as an 
     Indian tribe, over any offense committed by a member of the 
     Pueblo or an Indian as defined in title 25, sections 1301(2) 
     and 1301(4), or by any other Indian-owned entity.
       ``(c) Jurisdiction of the United States.--The United States 
     has jurisdiction over any offense described in chapter 53 of 
     title 18, United States Code, committed by or against an 
     Indian as defined in title 25, sections 1301(2) and 1301(4) 
     or any Indian-owned entity, or that involves any Indian 
     property or interest.
       ``(d) Jurisdiction of the State of New Mexico.--The State 
     of New Mexico shall have jurisdiction over any offense 
     committed by a person who is not a member of a Pueblo or an 
     Indian as defined in title 25, sections 1301(2) and 1301(4), 
     which offense is not subject to the jurisdiction of the 
     United States.''.
                                 ______
                                 
  SA 1592. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 1505 submitted by Mr. Graham (for himself, Mr. Warner, 
and Mr. McCain) to the bill S. 1042, to authorize appropriations for 
fiscal year 2006 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

       On Page 4, line 15, insert
       ``(d) Final Disposition.--Not later than 2 years after a 
     determination is made that the person detained is an unlawful 
     enemy combatant, the person must be either charged in an 
     appropriate district court of the United States, an 
     international criminal tribunal, a United States military 
     tribunal, or repatriated to the country in which the person 
     was first detained or the person's country of origin, except 
     where there are grounds to believe that the person would be 
     in danger of being subjected to torture. With regard to 
     detainees currently deemed unlawful enemy combatants before 
     the enactment of this section, the United States has 180 days 
     to dispose of the person's case under this subsection.
                                 ______
                                 
  SA 1593. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 1522 submitted by Mrs. Dole and intended to be proposed to 
the bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of the matter proposed to be inserted, add the 
     following:
       (c) Report.--Not later than September 30, 2006, the 
     Secretary of Defense shall submit a report to the Committee 
     on Small Business of the Senate and the Committee on Small 
     Business of the House of Representatives regarding the 
     implementation of the training programs under this section, 
     including an assessment of the need for additional personnel 
     in the defense acquisition workforce to carry out the 
     requirements of this section.
                                 ______
                                 
  SA 1594. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 1499 submitted by Mr. Kerry and intended to be proposed to 
the bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       (3) Report.--
       (A) In general.--The Secretary of Defense shall submit to 
     the Committee on Armed Services and the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Armed Services and the Committee on Small Business of the 
     House of Representatives on an annual basis a report setting 
     forth the research programs identified under paragraph (1) 
     during the preceding year.
       (B) Contents.--Each report under subparagraph (A) shall 
     include, for the year covered by such report, a description 
     of--
       (i) the incentives and actions taken by prime contractors 
     and program managers to increase Phase III awards under the 
     Small Business Innovation Research Program; and
       (ii) the requirements intended to be met by each program 
     identified in the report.

[[Page 17479]]

       (4) Funding authority.--
       (A) In general.--The Secretary of each military department 
     is authorized to use not more than an amount equal to 1 
     percent of the funds available to the military department in 
     each fiscal year for the Small Business Innovation Research 
     Program for the accelerated process described in paragraph 
     (1) to transition programs that have successfully completed 
     Phase II of the Small Business Innovation Research Program to 
     Phase III of the Program.
       (B) Term.--The funding authority under subparagraph (A) 
     shall terminate not later than 3 years after the date on 
     which the accelerated transition program under paragraph (1) 
     is initiated.
       (C) Exemption.--The Phase III program activities authorized 
     by this subsection shall not be subject to the limitations on 
     the use of funds in section 9(f)(2) of the Small Business Act 
     (15 U.S.C. 638).
                                 ______
                                 
  SA 1595. Mr. GRAHAM (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed to amendment SA 1505 submitted by Mr. Graham 
(for himself, Mr. Warner, and Mr. McCain) to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 1074. REVIEW OF DETENTION OF ENEMY COMBATANTS.

       (a) Detention of Enemy Combatants.--Section 2241 of title 
     28, United States Code, is amended by adding at the end the 
     following:
       ``(e) No court, justice, or judge shall have jurisdiction 
     to consider--
       ``(1) an application for a writ of habeas corpus filed on 
     behalf of an alien who is detained as an enemy combatant by 
     the United States Government; or
       ``(2) any other action challenging any aspect of the 
     detention of an alien who is detained by the Secretary of 
     Defense as an enemy combatant, if the alien has been afforded 
     an opportunity to challenge his detention pursuant to the 
     procedures specified in paragraphs (1) and (2) of section 
     1073(b) of the National Defense Authorization Act for Fiscal 
     Year 2006, to the extent modified by the President pursuant 
     to the authority in paragraph (3) of such section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to any application or other action pending on or 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 1596. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 762 proposed by Mr. Nelson of Florida (for himself, Mr. 
Hagel, Mr. Corzine, Mr. Nelson of Nebraska, Mr. Smith, Ms. Cantwell, 
Mr. Dayton, Mr. Kerry, Ms. Landrieu, Ms. Mikulski, Mrs. Murray, Ms. 
Stabenow, Mrs. Boxer, Mr. Pryor, Mr. Durbin, Mr. Jeffords, Mr. Johnson, 
and Mr. Salazar) to the bill S. 1042, to authorize appropriations for 
fiscal year 2006 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. __. CURTAILMENT OF WASTE UNDER DEPARTMENT OF DEFENSE 
                   WEB-BASED TRAVEL SYSTEM.

       (a) Prohibition on Use of Funds.--No funds available to the 
     Department of Defense may be obligated or expended after 
     October 1, 2005, for the further development, deployment, or 
     operation of any web-based, end-to-end travel management 
     system, or services under any contract for such travel 
     services that provides for payment by the Department of 
     Defense to the service provider above, or in addition to, a 
     fixed price transaction fee for eTravel services under the 
     General Services Administration eTravel contract.
       (b) Construction of Prohibition.--Nothing in subsection (a) 
     shall be construed as restricting the ability of the 
     Department of Defense from obtaining eTravel services from 
     any provider under the General Services Administration 
     eTravel contract, provided that--
       (1) such provider receives no payment for such services 
     above, or in addition to, a fixed price transaction fee; and
       (2) such provider provides to the Department of Defense a 
     written guarantee that all commercial air travel is secured 
     at the lowest available price, consistent with Federal Travel 
     Regulations and the mission objective of the traveler.
                                 ______
                                 
  SA 1597. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 1524 submitted by Mrs. Dole (for herself, Mr. Lautenberg, 
Mr. Kennedy, Mr. DeWine, Ms. Landrieu, Mr. Chafee, Ms. Mikulski, Mr. 
Chambliss, and Mr. Durbin) and intended to be proposed to the bill S. 
1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 718. MENTAL HEALTH COUNSELORS UNDER TRICARE.

       (a) In General.--Section 1079(a) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(17) Services of mental health counselors, except that--
       ``(A) such services are limited to services provided by 
     counselors who are licensed under applicable State law to 
     provide mental health services;
       ``(B) such services may be provided independently of 
     medical oversight and supervision only in areas identified by 
     the Secretary as `medically underserved areas' where the 
     Secretary determines that 25 percent or more of the residents 
     are located in primary shortage areas designated pursuant to 
     section 332 of the Public Health Services Act (42 U.S.C. 
     254e); and
       ``(C) the provision of such services shall be consistent 
     with such rules as may be prescribed by the Secretary of 
     Defense, including criteria applicable to credentialing or 
     certification of mental health counselors and a requirement 
     that mental health counselors accept payment under this 
     section as full payment for all services provided pursuant to 
     this paragraph.''.
       (b) Authority to Enter Into Personal Services Contracts.--
     Section 704(c)(2) of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2799; 10 
     U.S.C. 1091 note) is amended by inserting ``mental health 
     counselors,'' after ``psychologists,''.
                                 ______
                                 
  SA 1598. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 762 proposed by Mr. Nelson of Florida (for himself, Mr. 
Hagel, Mr. Corzine, Mr. Nelson of Nebraska, Mr. Smith, Ms. Cantwell, 
Mr. Dayton, Mr. Kerry, Ms. Landrieu, Ms. Mikulski, Mrs. Murray, Ms. 
Stabenow, Mrs. Boxer, Mr. Pryor, Mr. Durbin, Mr. Jeffords, Mr. Johnson, 
and Mr. Salazar) to the bill S. 1042, to authorize appropriations for 
fiscal year 2006 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; which was ordered to lie on 
the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION __. REQUIREMENT FOR DETERMINATION BY VETERANS' 
                   DISABILITY BENEFITS COMMISSION REGARDING 
                   REQUIREMENT OF REDUCTION OF SBP SURVIVOR 
                   ANNUITIES BY DEPENDENCY AND INDEMNITY 
                   COMPENSATION BEFORE CHANGES TO THOSE BENEFITS 
                   MAY BE IMPLEMENTED.

       (a) Finding.--Congress finds that the Veterans' Disability 
     Benefits Commission (in this section referred to as the 
     ``Commission'') established by section 1501 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1676; 38 U.S.C. 1101 note) is currently 
     performing a comprehensive review and study of the benefits 
     provided under the laws of the United States to compensate 
     and assist veterans and their survivors for disabilities and 
     deaths attributable to military service, and that the 
     Commission should be required to make findings and submit 
     recommendations regarding the integration of benefits under 
     the Survivor Benefit Plan and Dependency and Indemnity 
     Compensation prior to changes in the laws controlling those 
     benefits are implemented.
       (b) Further Findings.--Congress makes the following further 
     findings:
       (1) Significant changes have been enacted since 2003 in the 
     laws affecting veterans, retiree, and survivor benefits, 
     including--
       (A) phased elimination of the bar on military retirees 
     concurrently receiving military retired pay and veterans' 
     disability;
       (B) phased elimination of the reduction in Survivor Benefit 
     Plan benefits when beneficiaries reach age 62;
       (C) provision of Survivor Benefit Plan coverage at no cost 
     to all military members serving on active duty;
       (D) an increase in the death gratuity to $100,000; and
       (E) an increase in the maximum available benefit under 
     Servicemembers' Group Life Insurance to $400,000.

[[Page 17480]]

       (2) In carrying out its study, the Commission is required 
     to examine and make recommendations concerning the 
     appropriateness of veterans' benefits under the laws in 
     effect on November 24, 2003, and the level of such benefits.
       (3) The study to be carried out by the Commission, under 
     its legislative charter, must be a comprehensive evaluation 
     and assessment of the benefits provided under the laws of the 
     United States to compensate veterans and their survivors for 
     disability or death attributable to military service together 
     with any related issues that the commission determines are 
     relevant to the purposes of the study.
       (4) Not later than 15 months after the date on which the 
     Commission first met on May 8, 2005, the Commission is 
     required to submit to the President and Congress a report on 
     the study that shall include the findings and conclusions of 
     the Commission and recommendations of the commission for 
     revising the benefits provided by the United States to 
     veterans and their survivors for disability and death 
     attributable to military service.
       (c) Additional Matter for Commission Study.--Section 
     1501(c) of the National Defense Authorization Act for Fiscal 
     Year 2004 (117 Stat. 1678; 38 U.S.C. 1101 note) is amended by 
     adding at the end the following new paragraph:
       ``(4) The laws and regulations for determining eligibility 
     for dependency and indemnity compensation under chapter 13 of 
     title 38, United States Code, and for benefits under the 
     Survivor Benefit Plan under subchapter II of chapter 73 of 
     title 10, United States Code.''.
                                 ______
                                 
  SA 1599. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 1366 submitted by Mr. Feingold and intended to be proposed 
to the bill S. 1042, to authorize appropriations for fiscal year 2006 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. REPORTS ON IMPROVEMENTS IN TRANSITION ASSISTANCE 
                   PROGRAMS.

       (a) Findings.--Congress makes the following findings:
       (1) The Comptroller General of the United States, pursuant 
     to section 598 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 1938), performed a study (GAO-05-544, entitled 
     ``Enhanced Services Could Improve Transition Assistance for 
     Reserves and National Guard'') on transition assistance 
     programs for members separating from the Armed Forces.
       (2) The Comptroller General found that Federal agencies, 
     including the Department of Defense, the Department of 
     Veterans Affairs, and the Department of Labor, have taken 
     actions to improve transition assistance program content and 
     increase participation among full-time active duty military 
     personnel.
       (3) The Comptroller General found, however, that there are 
     often significant challenges serving Reserve and National 
     Guard members because of their rapid demobilization.
       (4) The Comptroller General recommended that the Department 
     of Defense, in conjunction with the Department of Labor and 
     the Department of Veterans Affairs, determine what 
     demobilizing Reserve and National Guard members need to make 
     a smooth transition and explore options to enhance their 
     participation in transition assistance programs.
       (5) In addition, the Comptroller General recommended that 
     the Department of Veterans Affairs take actions to determine 
     the level of participation in disabled transition assistance 
     programs to ensure those who may have especially complex 
     needs are being served.
       (b) Reports on Transition Assistance Programs.--
       (1) Report on effective function of all programs.--Not 
     later than 60 days after the date of enactment of this Act, 
     the Secretary of Defense, in consultation with the Secretary 
     of Labor and the Secretary of Veterans Affairs, shall submit 
     to Congress a report on the actions that the Secretary has 
     taken in order to ensure that Transition Assistance Programs 
     for members of the Armed Forces separating from the Armed 
     Forces(including members of regular and reserve components of 
     the Armed Forces but particularly members of the reserve 
     components who have previously been deployed to Operation 
     Iraqi Freedom, Operation Enduring Freedom, and all other 
     contingency operations) function effectively to ensure that 
     such members of the Armed Forces receive timely and 
     comprehensive transition assistance.
       (2) Report on department of defense activities.--Not later 
     than 1 March 2006, the Secretary of Defense shall submit to 
     Congress a proposal for such legislation as the Secretary 
     considers necessary to enhance the capability of the 
     Department of Defense to provide transition assistance to 
     members of the Armed Forces.
                                 ______
                                 
  SA 1600. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 1406 submitted by Mr. Lugar and intended to be proposed to 
the bill S. 1042, to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 1205. SECURITY AND STABILIZATION ASSISTANCE.

       (a) Assistance Authorized.--The Secretary of Defense may, 
     upon the request of the Secretary of State, authorize the use 
     or transfer of defense articles, services, or training to 
     provide reconstruction, security, or stabilization assistance 
     to a foreign country for the purpose of restoring or 
     maintaining peace and security in that country if the 
     Secretary of Defense determines that--
       (1) an unforeseen emergency exists in that country that 
     requires the immediate provision of such assistance; and
       (2) the provision of such assistance is in the national 
     security interests of the United States.
       (b) Limitation.--The aggregate value of assistance provided 
     under the authority of this section may not exceed 
     $200,000,000.
       (c) Complementary Authority.--The authority to provide 
     assistance under this section shall be in addition to any 
     other authority to provide assistance to a foreign country.
       (d) Expiration.--The authority to provide assistance and 
     transfer funds under this section shall expire on September 
     30, 2006.
                                 ______
                                 
  SA 1601. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of the amendment, insert the following:

     SEC. __. EFFECT OF CERTAIN PROVISIONS.

       (a) Counterfeit-resistant Technologies.--
       (1) Incorporation of counterfeit-resistant technologies 
     into prescription drug packaging.--Notwithstanding any other 
     provision of this title (or the amendments made by this 
     title), the Secretary of Health and Human Services shall 
     require that the packaging of any drug subject to section 
     503(b) incorporate--
       (A) overt optically variable counterfeit-resistant 
     technologies that are--
       (i) visible to the naked eye, providing for visual 
     identification of product authenticity without the need for 
     readers, microscopes, lighting devices, or scanners;
       (ii) similar to that used by the Bureau of Engraving and 
     Printing to secure United States currency;
       (iii) manufactured and distributed in a highly secure, 
     tightly controlled environment; and
       (iv) incorporate additional layers of non-visible covert 
     security features up to and including forensic capability. 
     described in paragraph (2) and comply with the standards of 
     paragraph (3); or
       (B) technologies that have an equivalent function of 
     security, as determined by the Secretary.
       (2) Standards for packaging.--For the purpose of making it 
     more difficult to counterfeit the packaging of drugs subject 
     to section 503(b), manufacturers of the drugs shall 
     incorporate the technologies described in paragraph (2) into 
     multiple elements of the physical packaging of the drugs, 
     including blister packs, shrink wrap, package labels, package 
     seals, bottles, and boxes.
       (3) Effective date.--This subsection shall take effect 180 
     days after the date of enactment of this title.
       (b) Website Information.--The Secretary of Health and Human 
     Services shall publish, on the Internet website of the Food 
     and Drug Administration described under section __4(g) of 
     this title, information regarding the suspension and 
     termination of any registration of a registered importer or 
     exporter under section 804 of the Federal Food, Drug, and 
     Cosmetic Act (as added by this title).
       (c) User Fees.--Notwithstanding any other provisions of 
     title (and the amendments made by this title), the Secretary 
     may prohibit a registrant that is required to pay a user fee 
     under section __4(e)(9) of this

[[Page 17481]]

     title and that fails to pay such user fee within 30 days 
     after the date on which it is due, from importing or offering 
     for importation a prescription drug under section 804 of the 
     Federal Food, Drug, and Cosmetic Act (as added by this title) 
     until such fee is paid.
                                 ______
                                 
  SA 1602. Mr. HATCH (for himself, Mr. Inhofe, Mr. Bennett, and Mr. 
Chambliss) submitted an amendment intended to be proposed to amendment 
SA 1567 submitted by Mr. Warner and intended to be proposed to the bill 
S. 1042, to authorize appropriations for fiscal year 2006 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in Amendment 1567 insert the 
     following:

     SEC. __. SENSE OF THE SENATE REGARDING DEPOT MAINTENANCE.

       (a) Findings.--The Senate finds that--
       (1) the Depot Maintenance Strategy and Master Plan of the 
     Air Force reflects the essential requirements for the Air 
     Force to maintain a ready and controlled source of organic 
     technical competence, thereby ensuring an effective and 
     timely response to national defense contingencies and 
     emergency requirements;
       (2) since the publication of the Depot Maintenance Strategy 
     and Master Plan of the Air Force in 2002, the service has 
     made great progress toward modernizing all 3 of its Depots, 
     in order to maintain their status as ``world class'' 
     maintenance repair and overhaul operations;
       (3) 1 of the indispensable components of the Depot 
     Maintenance Strategy and Master Plan of the Air Force is the 
     commitment of the Air Force to allocate $150,000,000 a year 
     over 6 years, beginning in fiscal year 2004, for 
     recapitalization and investment, including the procurement of 
     technologically advanced facilities and equipment, of our 
     Nation's 3 Air Force depots; and
       (4) the funds expended to date have ensured that 
     transformation projects, such as the initial implementation 
     of ``Lean'' and ``Six Sigma'' production techniques, have 
     achieved great success in dramatically reducing the time 
     necessary to perform depot maintenance on aircraft.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Air Force should be commended for the 
     implementation of its Depot Maintenance Strategy and Master 
     Plan and, in particular, meeting its commitment to invest 
     $150,000,000 a year over 6 years, since fiscal year 2004, in 
     the Nation's 3 Air Force Depots; and
       (2) the Air Force should continue to fully fund its 
     commitment of $150,000,000 a year through fiscal year 2009 in 
     investments and recapitalization projects pursuant to the 
     Depot Maintenance Strategy and Master Plan.
                                 ______
                                 
  SA 1603. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title II, add the following:

     SEC. 213. LASER NEUTRALIZATION SYSTEM.

       (a) Additional Amount for Research, Development, Test and 
     Evaluation, Army.--The amount authorized to be appropriated 
     by section 201(1) for research, development, test, and 
     evaluation for the Army is hereby increased by $1,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, as increased by subsection 
     (a), $1,000,000 may be available for Advanced Weapons 
     Technology (PE #602307A) for the Laser Neutralization System 
     (LNS).
       (c) Offset.--The amount authorized to be appropriated by 
     section 101(4) for procurement of ammunition for the Army is 
     hereby reduced by $1,000,000, with the amount of the 
     reduction to be allocated to amounts available for Ammunition 
     Production Base Support, Production Base Support for the 
     Missile Recycling Center (MRC).
                                 ______
                                 
  SA 1604. Ms. SNOWE (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 48, line 17, insert before the period the 
     following: ``, of which $1,500,000 shall be available for 
     Civilian Manpower and Personnel for a Human Resources Benefit 
     Call Center in Machias, Maine''.

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