[House Report 108-611]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-611
======================================================================
NATIONAL HERITAGE AREAS ACT
_______
July 19, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4492]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4492) to amend the Omnibus Parks and Public Lands
Management Act of 1996 to extend the authorization for certain
national heritage areas, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
TITLE I--EXTENSIONS
SEC. 101. AUTHORIZATION AND APPROPRIATION EXTENSIONS.
Division II of the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104-333; 16 U.S.C. 461 note) is amended--
(1) in each of sections 107, 208, 408, 507, and 811, by
striking ``September 30, 2012'' and inserting ``September 30,
2027'';
(2) in each of sections 108(a), 209(a), 409(a), 508(a), and
812(a), by striking ``a total of $10,000,000'' and inserting
``a total of $20,000,000''; and
(3) in title VIII, by striking ``Canal National Heritage
Corridor'' each place it appears in the section headings and
text and inserting ``National Heritage Canalway''.
TITLE II--NATIONAL AVIATION HERITAGE AREA
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Aviation Heritage Area
Act''.
SEC. 202. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Few technological advances have transformed the world or
our Nation's economy, society, culture, and national character
as the development of powered flight.
(2) The industrial, cultural, and natural heritage legacies
of the aviation and aerospace industry in the State of Ohio are
nationally significant.
(3) Dayton, Ohio, and other defined areas where the
development of the airplane and aerospace technology
established our Nation's leadership in both civil and military
aeronautics and astronautics set the foundation for the 20th
Century to be an American Century.
(4) Wright-Patterson Air Force Base in Dayton, Ohio, is the
birthplace, the home, and an integral part of the future of
aerospace.
(5) The economic strength of our Nation is connected
integrally to the vitality of the aviation and aerospace
industry, which is responsible for an estimated 11,200,000
American jobs.
(6) The industrial and cultural heritage of the aviation and
aerospace industry in the State of Ohio includes the social
history and living cultural traditions of several generations.
(7) The Department of the Interior is responsible for
protecting and interpreting the Nation's cultural and historic
resources, and there are significant examples of these
resources within Ohio to merit the involvement of the Federal
Government to develop programs and projects in cooperation with
the Aviation Heritage Foundation, Incorporated, the State of
Ohio, and other local and governmental entities to adequately
conserve, protect, and interpret this heritage for the
educational and recreational benefit of this and future
generations of Americans, while providing opportunities for
education and revitalization.
(8) Since the enactment of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102-419), partnerships
among the Federal, State, and local governments and the private
sector have greatly assisted the development and preservation
of the historic aviation resources in the Miami Valley.
(9) An aviation heritage area centered in Southwest Ohio is a
suitable and feasible management option to increase
collaboration, promote heritage tourism, and build on the
established partnerships among Ohio's historic aviation
resources and related sites.
(10) A critical level of collaboration among the historic
aviation resources in Southwest Ohio cannot be achieved without
a congressionally established national heritage area and the
support of the National Park Service and other Federal agencies
which own significant historic aviation-related sites in Ohio.
(11) The Aviation Heritage Foundation, Incorporated, would be
an appropriate management entity to oversee the development of
the National Aviation Heritage Area.
(12) Five National Park Service and Dayton Aviation Heritage
Commission studies and planning documents: ``Study of
Alternatives: Dayton's Aviation Heritage'', ``Dayton Aviation
Heritage National Historical Park Suitability/Feasibility
Study'', ``Dayton Aviation Heritage General Management Plan'',
``Dayton Historic Resources Preservation and Development
Plan'', and Heritage Area Concept Study, demonstrated that
sufficient historical resources exist to establish the National
Aviation Heritage Area.
(13) With the advent of the 100th anniversary of the first
powered flight in 2003, it is recognized that the preservation
of properties nationally significant in the history of aviation
is an important goal for the future education of Americans.
(14) Local governments, the State of Ohio, and private sector
interests have embraced the heritage area concept and desire to
enter into a partnership with the Federal government to
preserve, protect, and develop the Heritage Area for public
benefit.
(15) The National Aviation Heritage Area would complement and
enhance the aviation-related resources within the National Park
Service, especially the Dayton Aviation Heritage National
Historical Park, Ohio.
(b) Purpose.--The purpose of this title is to establish the Heritage
Area to--
(1) encourage and facilitate collaboration among the
facilities, sites, organizations, governmental entities, and
educational institutions within the Heritage Area to promote
heritage tourism and to develop educational and cultural
programs for the public;
(2) preserve and interpret for the educational and
inspirational benefit of present and future generations the
unique and significant contributions to our national heritage
of certain historic and cultural lands, structures, facilities,
and sites within the National Aviation Heritage Area;
(3) encourage within the National Aviation Heritage Area a
broad range of economic opportunities enhancing the quality of
life for present and future generations;
(4) provide a management framework to assist the State of
Ohio, its political subdivisions, other areas, and private
organizations, or combinations thereof, in preparing and
implementing an integrated Management Plan to conserve their
aviation heritage and in developing policies and programs that
will preserve, enhance, and interpret the cultural, historical,
natural, recreation, and scenic resources of the Heritage Area;
and
(5) authorize the Secretary to provide financial and
technical assistance to the State of Ohio, its political
subdivisions, and private organizations, or combinations
thereof, in preparing and implementing the private Management
Plan.
SEC. 203. DEFINITIONS.
For purposes of this title:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) Financial assistance.--The term ``financial assistance''
means funds appropriated by Congress and made available to the
management entity for the purpose of preparing and implementing
the Management Plan.
(3) Heritage area.--The term ``Heritage Area'' means the
National Aviation Heritage Area established by section 104 to
receive, distribute, and account for Federal funds appropriated
for the purpose of this title.
(4) Management plan.--The term ``Management Plan'' means the
management plan for the Heritage Area developed under section
106.
(5) Management entity.--The term ``management entity'' means
the Aviation Heritage Foundation, Incorporated (a nonprofit
corporation established under the laws of the State of Ohio).
(6) Partner.--The term ``partner'' means a Federal, State, or
local governmental entity, organization, private industry,
educational institution, or individual involved in promoting
the conservation and preservation of the cultural and natural
resources of the Heritage Area.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(8) Technical assistance.--The term ``technical assistance''
means any guidance, advice, help, or aid, other than financial
assistance, provided by the Secretary.
SEC. 204. NATIONAL AVIATION HERITAGE AREA.
(a) Establishment.--There is established in the States of Ohio and
Indiana, the National Aviation Heritage Area.
(b) Boundaries.--The Heritage Area shall include the following:
(1) A core area consisting of resources in Montgomery,
Greene, Warren, Miami, Clark, Champaign, Shelby, and Auglaize
Counties in Ohio.
(2) The Neil Armstrong Air Space Museum, Wapakoneta, Ohio.
(3) Sites, buildings, and districts within the core area
recommended by the Management Plan.
(c) Map.--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) Management Entity.--The management entity for the Heritage Area
shall be the Aviation Heritage Foundation.
SEC. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of implementing the Management Plan,
the management entity may use Federal funds made available through this
title to--
(1) make grants to, and enter into cooperative agreements
with, the State of Ohio and political subdivisions of that
State, private organizations, or any person;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The management entity shall--
(1) develop and submit to the Secretary for approval the
proposed Management Plan in accordance with section 106;
(2) give priority to implementing actions set forth in the
Management Plan, including taking steps to assist units of
government and nonprofit organizations in preserving resources
within the Heritage Area;
(3) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area in developing and
implementing the Management Plan;
(4) maintain a collaboration among the partners to promote
heritage tourism and to assist partners to develop educational
and cultural programs for the public;
(5) encourage economic viability in the Heritage Area
consistent with the goals of the Management Plan;
(6) assist units of government and nonprofit 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 historical, natural, and architectural
resources and sites in the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(7) conduct public meetings at least quarterly regarding the
implementation of the Management Plan;
(8) submit substantial amendments to the Management Plan to
the Secretary for the approval of the Secretary; and
(9) for any year in which Federal funds have been received
under this title--
(A) submit an annual report to the Secretary that
sets forth the accomplishments of the management entity
and its expenses and income;
(B) make available to the Secretary for audit all
records relating to the expenditure of such funds and
any matching funds; and
(C) 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 such funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use Federal
funds received under this title to acquire real property or an
interest in real property.
(2) Other sources.--Nothing in this title precludes the
management entity from using Federal funds from other sources
for authorized purposes.
SEC. 206. MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than 3 years after the date of
the enactment of this title, the management entity shall submit to the
Secretary for approval a proposed Management Plan that shall take into
consideration State and local plans and involve residents, public
agencies, and private organizations in the Heritage Area.
(b) Contents.--The Management Plan shall incorporate an integrated
and cooperative approach for the protection, enhancement, and
interpretation of the natural, cultural, historic, scenic, and
recreational resources of the Heritage Area and shall include the
following:
(1) An inventory of the resources contained in the core area
of the Heritage Area, including the Dayton Aviation Heritage
Historical Park, the sites, buildings, and districts listed in
section 202 of the Dayton Aviation Heritage Preservation Act of
1992 (Public Law 102-419), and any other property in the
Heritage Area that is related to the themes of the Heritage
Area and that should be preserved, restored, managed, or
maintained because of its significance.
(2) An assessment of cultural landscapes within the Heritage
Area.
(3) Provisions for the protection, interpretation, and
enjoyment of the resources of the Heritage Area consistent with
the purposes of this title.
(4) An interpretation plan for the Heritage Area.
(5) A program for implementation of the Management Plan by
the management entity, including the following:
(A) Facilitating ongoing collaboration among the
partners to promote heritage tourism and to develop
educational and cultural programs for the public.
(B) Assisting partners planning for restoration and
construction.
(C) Specific commitments of the partners for the
first 5 years of operation.
(6) The identification of sources of funding for implementing
the plan.
(7) A description and evaluation of the management entity,
including its membership and organizational structure.
(c) Disqualification From Funding.--If a proposed Management Plan is
not submitted to the Secretary within 3 years of the date of the
enactment of this title, the management entity shall be ineligible to
receive additional funding under this title until the date on which the
Secretary receives the proposed Management Plan.
(d) Approval and Disapproval of Management Plan.--The Secretary, in
consultation with the State of Ohio, shall approve or disapprove the
proposed Management Plan submitted under this title not later than 90
days after receiving such proposed Management Plan.
(e) Action Following Disapproval.--If the Secretary disapproves a
proposed Management Plan, the Secretary shall advise the management
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.
(f) Approval of Amendments.--The Secretary shall review and approve
substantial amendments to the Management Plan. Funds appropriated under
this title may not be expended to implement any changes made by such
amendment until the Secretary approves the amendment.
SEC. 207. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--Upon the request of the
management entity, the Secretary may provide technical assistance, on a
reimbursable or nonreimbursable basis, and financial assistance to the
Heritage Area to develop and implement the management plan. The
Secretary is authorized to enter into cooperative agreements with the
management 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, historic, 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) 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 management entity with
respect to such activities;
(2) cooperate with the Secretary and the management entity 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 management entity
determines will not have an adverse effect on the Heritage
Area.
SEC. 208. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF
DEFENSE AND THE ADMINISTRATOR OF NASA.
The decisions concerning the execution of this title as it applies to
properties under the control of the Secretary of Defense and the
Administrator of the National Aeronautics and Space Administration
shall be made by such Secretary or such Administrator, in consultation
with the Secretary of the Interior.
SEC. 209. 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 management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
SEC. 210. 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 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
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 Heritage Area.--
Nothing in this title 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) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.
SEC. 211. 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) Fifty 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.
SEC. 212. SUNSET PROVISION.
The authority of the Secretary to provide assistance under this title
terminates on the date that is 15 years after the date that funds are
first made available for this title.
TITLE III--NATIONAL COAL HERITAGE AREA
SEC. 301. NATIONAL COAL HERITAGE AREA.
(a) National Coal Heritage Area Authority; Boundary Revision.--Title
I of division II of the Omnibus Parks and Public Lands Management Act
of 1996 (Public Law 104-333; 16 U.S.C. 461 note) is amended as follows:
(1) In section 103(b), by inserting ``(1)'' before ``the
counties'' and by inserting the following before the period:
``; (2) Lincoln County, West Virginia; and (3) Paint Creek and
Cabin Creek in Kanawha County, West Virginia''.
(2) In section 104, by striking ``Governor'' and all that
follows through ``organizations'' in the matter preceding
paragraph (1) and inserting ``National Coal Heritage Area
Authority, a public corporation and government instrumentality
established by the State of West Virginia, pursuant to which
the Secretary shall assist the National Coal Heritage Area
Authority''.
(3) In section 105--
(A) by striking ``paragraph (2) of''; and
(B) by adding at the end the following new sentence:
``Resources within Lincoln County, West Virginia, and
Paint Creek and Cabin Creek within Kanawha County, West
Virginia, shall also be eligible for assistance as
determined by the National Coal Heritage Area
Authority.''.
(4) In section 106(a)--
(A) by striking ``Governor'' and all that follows
through ``and Parks'' and inserting ``National Coal
Heritage Area Authority''; and
(B) in paragraph (3), by striking ``State of West
Virginia'' and all that follows through ``entities''
and inserting ``National Coal Heritage Area
Authority''.
(b) Agreement Continuing in Effect.--The contractual agreement
entered into by the Secretary of the Interior and the Governor of West
Virginia prior to the date of the enactment of this Act pursuant to
section 104 of title I of division II of the Omnibus Parks and Public
Lands Management Act of 1996 (16 U.S.C. 461 note) shall be deemed as
continuing in effect, except that such agreement shall be between the
Secretary and the National Coal Heritage Area Authority.
TITLE IV--COASTAL HERITAGE TRAIL ROUTE IN NEW JERSEY
SEC. 401. REAUTHORIZATION OF APPROPRIATIONS FOR COASTAL HERITAGE TRAIL
ROUTE IN NEW JERSEY.
(a) Reauthorization.--Section 6 of Public Law 100-515 (16 U.S.C. 1244
note) is amended--
(1) in subsection (b)(1), by striking ``$4,000,000'' and all
that follows and inserting ``such sums as may be necessary.'';
and
(2) in subsection (c), by striking ``10'' and inserting
``12''.
(b) Strategic Plan.--
(1) In general.--The Secretary of the Interior shall, by not
later than 2 years after the date of the enactment of this Act,
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
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.
TITLE V--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR
SEC. 501. SHORT TITLE.
This title may be cited as the ``Illinois and Michigan Canal National
Heritage Corridor Act Amendments of 2004''.
SEC. 502. TRANSITION AND PROVISIONS FOR NEW MANAGEMENT ENTITY; COUNCIL.
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 is 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 management 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 MANAGEMENT ENTITY.
``Upon the termination of the Commission, the management entity for
the corridor shall be the Association. Upon the expiration of the
Commission, the Association shall have the powers and restrictions of
the Commission under this Act.
``SEC. 120. DUTIES AND AUTHORITIES OF THE MANAGEMENT ENTITY.
``For purposes of preparing and implementing the management plan
developed under section 121, the management entity may use Federal
funds made available under this Act--
``(1) to make loans and 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 the
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
``(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;
``(7) for any year in which Federal funds have been received
under this Act--
``(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 any loans and 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.
``(1) In general.--The Association shall not use Federal
funds received under this Act to acquire real property or an
interest in real property.
``(2) Other sources.--Nothing in this Act precludes the
Association from using Federal funds from other sources for
authorized purposes.
``SEC. 123. MANAGEMENT PLAN.
``(a) Preparation of Plan.--Not later than 2 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 to be undertaken by units of government
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 the following:
``(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 responsible for
carrying out the tasks, including any National Park
Service responsibilities.
``(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.
``(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 2 years after the date that
Federal funds are made available for this purpose, the Association
shall be ineligible to receive additional funds under this Act 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 Act 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) 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.
``(e) 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 Act 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 Act;
``(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 Act there is authorized to be
appropriated $10,000,000, except that not more than $1,000,000 may be
appropriated to carry out this Act 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 Act shall not
exceed 50 percent of that cost.
``SEC. 126. SUNSET.
``The authority of the Secretary to provide assistance under this Act
terminates on September 30, 2027.''.
SEC. 503. 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 502 of this title) 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 Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
``(b) Landowner Withdraw.--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 Act 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
Act 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 Act 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 Act may be expended. The establishment of the
corridor and its boundaries shall not be construed to provide any
nonexisting regulatory authority on land use within the corridor or its
viewshed by the Secretary, the National Park Service, or the
Association.''.
SEC. 504. TECHNICAL AMENDMENTS.
Section 116 of Illinois and Michigan Canal National Heritage Corridor
Act of 1984 is amended--
(1) by striking subsection (b); and
(2) in subsection (a)--
(A) by striking ``(a)'' and all that follows through
``For each'' and inserting ``(a) For each'';
(B) by striking ``Commission'' and inserting
``Association'';
(C) by striking ``Commission's'' and inserting
``Association's'';
(D) by redesignating paragraph (2) as subsection (b);
and
(E) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
TITLE VI--OIL REGION NATIONAL HERITAGE AREA
SEC. 601. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Oil Region
National Heritage Area Act''.
(b) Definitions.--For the purposes of this title, the following
definitions shall apply:
(1) Heritage area.--The term ``Heritage Area'' means the Oil
Region National Heritage Area established in section 603(a).
(2) Management entity.--The term ``management entity'' means
the Oil Heritage Region, Inc., or its successor entity.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 602. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Oil Region of Northwestern Pennsylvania, with
numerous sites and districts listed on the National Register of
Historic Places, and designated by the Governor of Pennsylvania
as one of the State Heritage Park Areas, is a region with
tremendous physical and natural resources and possesses a story
of State, national, and international significance.
(2) The single event of Colonel Edwin Drake's drilling of the
world's first successful oil well in 1859 has affected the
industrial, natural, social, and political structures of the
modern world.
(3) Six national historic districts are located within the
State Heritage Park boundary, in Emlenton, Franklin, Oil City,
and Titusville, as well as 17 separate National Register sites.
(4) The Allegheny River, which was designated as a component
of the national wild and scenic rivers system in 1992 by Public
Law 102-271, traverses the Oil Region and connects several of
its major sites, as do some of the river's tributaries such as
Oil Creek, French Creek, and Sandy Creek.
(5) The unspoiled rural character of the Oil Region provides
many natural and recreational resources, scenic vistas, and
excellent water quality for people throughout the United States
to enjoy.
(6) Remnants of the oil industry, visible on the landscape to
this day, provide a direct link to the past for visitors, as do
the historic valley settlements, riverbed settlements, plateau
developments, farmlands, and industrial landscapes.
(7) The Oil Region also represents a cross section of
American history associated with Native Americans, frontier
settlements, the French and Indian War, African Americans and
the Underground Railroad, and immigration of Swedish and Polish
individuals, among others.
(8) Involvement by the Federal Government shall serve to
enhance the efforts of the Commonwealth of Pennsylvania, local
subdivisions of the Commonwealth of Pennsylvania, volunteer
organizations, and private businesses, to promote the cultural,
national, and recreational resources of the region in order to
fulfill their full potential.
(b) Purpose.--The purpose of this title is to enhance a cooperative
management framework to assist the Commonwealth of Pennsylvania, its
units of local government, and area citizens in conserving, enhancing,
and interpreting the significant features of the lands, water, and
structures of the Oil Region, in a manner consistent with compatible
economic development for the benefit and inspiration of present and
future generations in the Commonwealth of Pennsylvania and the United
States.
SEC. 603. OIL REGION NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Oil Region
National Heritage Area.
(b) Boundaries.--The boundaries of the Heritage Area shall include
all of those lands depicted on a map entitled ``Oil Region National
Heritage Area'', numbered OIRE/20,000 and dated October, 2000. The map
shall be on file in the appropriate offices of the National Park
Service. The Secretary of the Interior shall publish in the Federal
Register, as soon as practical after the date of the enactment of this
Act, a detailed description and map of the boundaries established under
this subsection.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Oil Heritage Region, Inc., the locally based private,
nonprofit management corporation which shall oversee the development of
a management plan in accordance with section 605(b).
SEC. 604. COMPACT.
To carry out the purposes of this title, the Secretary shall enter
into a compact with the management entity. The compact shall include
information relating to the objectives and management of the area,
including a discussion of the goals and objectives of the Heritage
Area, including an explanation of the proposed approach to conservation
and interpretation and a general outline of the protection measures
committed to by the Secretary and management entity.
SEC. 605. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management entity may
use funds made available under this title for purposes of preparing,
updating, and implementing the management plan developed under
subsection (b). Such purposes may include--
(1) making grants to, and entering into cooperative
agreements with, States and their political subdivisions,
private organizations, or any other person;
(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the purposes of the
Heritage Area.
(b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that--
(1) presents comprehensive strategies and recommendations for
conservation, funding, management, and development of the
Heritage Area;
(2) takes into consideration existing State, county, and
local plans and involves residents, public agencies, and
private organizations working in the Heritage Area;
(3) includes a description of actions that units of
government and private organizations have agreed to take to
protect the resources of the Heritage Area;
(4) specifies the existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(5) includes 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 should be preserved, restored, managed, developed, or
maintained because of its natural, cultural, historic,
recreational, or scenic significance;
(6) describes a program for implementation of the management
plan by the management entity, including plans for restoration
and construction, and specific commitments for that
implementation that have been made by the management entity and
any other persons for the first 5 years of implementation;
(7) lists any revisions to the boundaries of the Heritage
Area proposed by the management entity and requested by the
affected local government; and
(8) includes an interpretation plan for the Heritage Area.
(c) Deadline; Termination of Funding.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary within 2 years after the funds
are made available for this title.
(2) Termination of funding.--If a management plan is not
submitted to the Secretary in accordance with this subsection,
the management entity shall not qualify for Federal assistance
under this title.
(d) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions set forth in the
compact and management plan;
(2) assist units of government, regional planning
organizations, and nonprofit 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 natural, historical, and architectural
resources and sites in the Heritage Area;
(D) the restoration of any historic building relating
to the themes of the Heritage Area;
(E) ensuring that clear signs identifying access
points and sites of interest are put in place
throughout the Heritage Area; and
(F) carrying out other actions that the management
entity determines to be advisable to fulfill the
purposes of this title;
(3) encourage by appropriate means economic viability in the
Heritage Area consistent with the goals of the management plan;
(4) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area; and
(5) for any year in which Federal funds have been provided to
implement the management plan under subsection (b)--
(A) conduct public meetings at least annually
regarding the implementation of the management plan;
(B) submit an annual report to the Secretary setting
forth accomplishments, expenses and income, and each
person to which any grant was made by the management
entity in the year for which the report is made; and
(C) require, for all agreements entered into by the
management entity authorizing expenditure of Federal
funds by any other person, that the person making the
expenditure make available to the management entity for
audit all records pertaining to the expenditure of such
funds.
(e) Prohibition on the Acquisition of Real Property.--The management
entity may not use Federal funds received under this title to acquire
real property or an interest in real property.
SEC. 606. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--
(A) Overall assistance.--The Secretary may, upon the
request of the management entity, and subject to the
availability of appropriations, provide technical and
financial assistance to the management entity to carry
out its duties under this title, including updating and
implementing a management plan that is submitted under
section 605(b) and approved by the Secretary and, prior
to such approval, providing assistance for initiatives.
(B) Other assistance.--If the Secretary has the
resources available to provide technical assistance to
the management entity to carry out its duties under
this title (including updating and implementing a
management plan that is submitted under section 605(b)
and approved by the Secretary and, prior to such
approval, providing assistance for initiatives), upon
the request of the management entity the Secretary
shall provide such assistance on a reimbursable basis.
This subparagraph does not preclude the Secretary from
providing nonreimbursable assistance under subparagraph
(A).
(2) Priority.--In assisting the management entity, the
Secretary shall give priority to actions that assist in the--
(A) implementation of the management plan;
(B) provision of educational assistance and advice
regarding land and water management techniques to
conserve the significant natural resources of the
region;
(C) development and application of techniques
promoting the preservation of cultural and historic
properties;
(D) preservation, restoration, and reuse of publicly
and privately owned historic buildings;
(E) design and fabrication of a wide range of
interpretive materials based on the management plan,
including guide brochures, visitor displays, audio-
visual and interactive exhibits, and educational
curriculum materials for public education; and
(F) implementation of initiatives prior to approval
of the management plan.
(3) Documentation of structures.--The Secretary, acting
through the Historic American Building Survey and the Historic
American Engineering Record, shall conduct studies necessary to
document the industrial, engineering, building, and
architectural history of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--The Secretary, in
consultation with the Governor of Pennsylvania, shall approve or
disapprove a management plan submitted under this title not later than
90 days after receiving such plan. In approving the plan, the Secretary
shall take into consideration the following criteria:
(1) The extent to which the management plan adequately
preserves and protects the natural, cultural, and historical
resources of the Heritage Area.
(2) The level of public participation in the development of
the management plan.
(3) The extent to which the board of directors of the
management entity is representative of the local government and
a wide range of interested organizations and citizens.
(c) Action Following Disapproval.--If the Secretary disapproves a
management plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval and shall make
recommendations for revisions in the management plan. The Secretary
shall approve or disapprove a proposed revision within 90 days after
the date it is submitted.
(d) Approving Changes.--The Secretary shall review and approve
amendments to the management plan under section 605(b) that make
substantial changes. Funds appropriated under this title may not be
expended to implement such changes until the Secretary approves the
amendments.
(e) Effect of Inaction.--If the Secretary does not approve or
disapprove a management plan, revision, or change within 90 days after
it is submitted to the Secretary, then such management plan, revision,
or change shall be deemed to have been approved by the Secretary.
SEC. 607. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities directly
affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity with
respect to such activities;
(2) cooperate with the Secretary and the management entity in
carrying out their duties under this title 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 management entity
determines shall not have an adverse effect on the Heritage
Area.
SEC. 608. SUNSET.
The Secretary may not make any grant or provide any assistance under
this title after the expiration of the 15-year period beginning on the
date that funds are first made available for this title.
SEC. 609. 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 management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
SEC. 610. 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 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
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 Heritage Area.--
Nothing in this title 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) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.
SEC. 611. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this title shall preclude the management entity from using
Federal funds available under Acts other than this title for the
purposes for which those funds were authorized.
SEC. 612. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry out
this title--
(1) not more than $1,000,000 for any fiscal year; and
(2) not more than a total of $10,000,000.
(b) 50 Percent Match.--Financial assistance provided under this title
may not be used to pay more than 50 percent of the total cost of any
activity carried out with that assistance.
Purpose of the Bill
The purpose of H.R. 4492 is to amend the Omnibus Parks and
Public Lands Management Act of 1996 to extend the authorization
for certain national heritage areas, and for other purposes.
Background and Need for Legislation
As reported from the Committee on Resources, H.R. 4492
reauthorizes appropriations for five national heritage areas:
Essex, Ohio & Erie, Coal, Tennessee, and the Rivers of Steel.
It also extends the authorization an additional 15 years (to
2027) and increases the total authorized level to $20M for each
of those sites. The bill contains the text of two additional
national heritage areas establishment bills which have already
passed the House of Representatives: H.R. 280, National
Aviation Heritage Area, and H.R. 1862, Oil Region National
Heritage Area. The bill also allows three previously
established national heritage areas to make technical changes
in their management structure (National Coal Heritage Area,
Coastal Heritage Trail, and Illinois and Michigan National
Canal Heritage Corridor). Finally, the bill redesignates the
``Canal National Heritage Corridor'' as the ``National Heritage
Canalway''.
Committee Action
H.R. 4492 was introduced by Congressman Ralph Regula (R-OH)
on June 2, 2004. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation and Public Lands. On July 14, 2004,
the Full Resources Committee met to consider the bill. The
Subcommittee on National Parks, Recreation and Public Lands was
discharged from any further consideration of the bill by
unanimous consent. Chairman Richard Pombo (R-CA) offered an
amendment in the nature of a substitute. The amendment added
five additional titles to the underlying legislation, and
designated the original text as Title I. Specifically, Title I
reduced from nine to five the authorization of appropriations
for national heritage areas under the Omnibus Parks and Public
Lands Management Act of 1996. Titles II and VI established the
National Aviation Heritage Area in Ohio and the Oil Region
National Heritage Area in Northwestern Pennsylvania,
respectively. Titles III and V reauthorized and allowed for a
change in the management authority of the National Coal
Heritage Area in West Virginia, and the Illinois and Michigan
Canal National Heritage Corridor in Illinois, respectively.
Finally, Title IV reauthorized appropriations for the Coastal
Heritage Trail Route in New Jersey and directed the Secretary
of the Interior to prepare a strategic plan for sustaining the
Area. The amendment in the nature of a substitute was agreed to
by unanimous consent. The bill, as amended, was ordered
favorably reported to the House of Representatives by unanimous
consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8, of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance with House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Omnibus Parks and Public
Lands Management Act of 1996 to extend the authorization for
certain national heritage areas, and for other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 19, 2004.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4492, a bill to
amend the Omnibus Parks and Public Lands Management Act of 1996
to extend the authorization for certain national heritage
areas.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 4492--A bill to amend the Omnibus Parks and Public Lands
Management Act of 1996 to extend the authorization for certain
national heritage areas
Summary: H.R. 4492 would authorize appropriations for
national heritage areas (NHAs) and similar affiliated areas of
the National Park System. NHAs and affiliated areas are
nonfederal lands and communities managed privately in
consultation with the National Park Service (NPS). Assuming
appropriation of the authorized amounts, CBO estimates that
implementing H.R. 4492 would cost the federal government $3
million in 2005 and $22 million over the 2005-2009 period. (We
estimate that an additional $58 million would be authorized to
be appropriated and spent after 2009.) Enacting the bill would
not affect direct spending or revenues.
H.R. 4492 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Major provisions: Title I would increase authorizations and
extend the authorization period for five NHAs:
National Coal Heritage Area in West
Virginia,
Tennessee Civil War Heritage Area in
Tennessee,
Rivers of Steel NHA in Pennsylvania,
Essex NHA in Massachusetts, and
Ohio & Erie Canal National Heritage Corridor
in Ohio.
The bill also would:
Establish the Oil Region National Heritage
Area in Pennsylvania and the National Aviation Heritage
Area in Ohio and Indiana,
Eliminate the $4 million ceiling on
appropriations for the Coastal Heritage Trail Route in
New Jersey and authorize the appropriation of whatever
amounts are necessary for assistance to that trail's
managers beginning in fiscal year 205, and
Authorize the appropriation of $10 million
over the next 15 years to assist the Canal Corridor
Association, the new managers of the Illinois and
Michigan National Canal Heritage Corridor.
Estimated cost to the Federal Government: The estimated
federal cost of implementing H.R. 4492 is summarized in the
following table. The costs of this legislation fall within
budget function 300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
Estimated Authorization Level...................................... 3 3 4 6 6
Estimated Outlays.................................................. 3 3 4 6 6
----------------------------------------------------------------------------------------------------------------
Basis of estimate: H.R. 4492 would authorize appropriations
of $10 million each, up to $1 million annually, for the
Illinois and Michigan National Canal Heritage Corridor, the
proposed Oil Region National Heritage Area, and the National
Aviation Heritage Area. CBO estimates that implementing these
provisions would cost $15 million over the 2005-2009 period,
and an additional $15 million after 2009. These funds would be
used to prepare and implement management plans to conserve and
develop each area's natural, cultural, and historical
resources.
Title I would authorize the appropriation of an additional
$50 million for five existing NHAs, and would extend the
authorized period of availability for those funds from 2012 to
2027. Based on historical spending by these five NHAs, CBO
estimates the amounts authorized by the bill would be needed
starting in 2007. We estimate that $7 million of the amounts
that would be authorized by H.R. 4492 would be spent over the
2007-2009 period for the Rivers of Steel and Essex NHAs and the
Ohio & Erie Canal National Heritage Corridor. The remaining
amounts authorized by title I would be spent after 2009.
Finally, the bill would authorize the appropriation of
whatever amounts are necessary for the Coastal Heritage Trail
Route. Based on historical spending for this site, CBO
estimates that about $250,000 a year would be spent for trail
administration over the 2005-2009 period.
Intergovernmental and private-sector impact: H.R. 4492
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On November 10, 2003, CBO
transmitted cost estimates for H.R. 1862, the Oil Region
National Heritage Area Act, and for H.R. 280, the National
Aviation Heritage Area Act, both as ordered reported by the
House Committee on Resources on October 29, 2003. On June 22,
2004, we also transmitted a cost estimate for S. 180, the
National Aviation Heritage Area Act, as ordered reported by the
Senate Committee on Energy and Natural Resources on June 16,
2004. The estimated costs of these bills are the same as the
costs of similar provisions in H.R. 4492.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Marjorie Miller; and
Impact on the Private Sector: Amina Masood.
Estimated approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 1996
* * * * * * *
DIVISION II
TITLE I--NATIONAL COAL HERITAGE AREA
* * * * * * *
SEC. 103. ESTABLISHMENT.
(a) * * *
* * * * * * *
(b) Boundaries.--The Area shall be comprised of (1) the
counties in the State of West Virginia that are the subject of
the study by the National Park Service, dated 1993, entitled
``A Coal Mining Heritage Study: Southern West Virginia''
conducted pursuant to title VI of Public Law 100-699; (2)
Lincoln County, West Virginia; and (3) Paint Creek and Cabin
Creek within Kanawha County, West Virginia.
SEC. 104. CONTRACTUAL AGREEMENT.
The Secretary of the Interior (hereafter in this title
referred to as the ``Secretary'') is authorized to enter into a
contractual agreement with the [Governor of the State of West
Virginia, acting through the Division of Culture and History
and the Division of Tourism and Parks, pursuant to which the
Secretary shall assist the State of West Virginia, its units of
local government, and nonprofit organizations] National Coal
Heritage Area Authority, a public corporation and government
instrumentality established by the State of West Virginia,
pursuant to which the Secretary shall assist the National Coal
Heritage Area Authority in each of the following:
(1) * * *
* * * * * * *
SEC. 105. ELIGIBLE RESOURCES.
The resources eligible for the assistance under [paragraph
(2) of] section 104 shall include those set forth in appendix D
of the study by the National Park Service, dated 1993, entitled
``A Coal Mining Heritage Study: Southern West Virginia'',
conducted pursuant to title VI of Public Law 100-699. Priority
consideration shall be given to those sites listed as
``Conservation Priorities'' and ``Important Historic
Resources'' as depicted on the map entitled ``Study Area:
Historic Resources'' in such study. Resources within Lincoln
County, West Virginia, and Paint Creek and Cabin Creek within
Kanawha County, West Virginia, shall also be eligible for
assistance as determined by the National Coal Heritage Area
Authority.
SEC. 106. COAL HERITAGE MANAGEMENT PLAN.
(a) In General.--Pursuant to the contractual agreement
referred to in section 104, within three years after the date
of enactment of this title, the [Governor of the State of West
Virginia, acting through the Division of Culture and History
and the Division of Tourism and Parks] National Coal Heritage
Area Authority, shall submit to the Secretary a Coal Heritage
Management Plan for the Area. The plan shall at a minimum--
(1) * * *
* * * * * * *
(3) set forth the responsibilities of the [State of
West
Virginia, units of local government, nonprofit
entities] National Coal Heritage Area Authority, or the
Secretary to administer any properties acquired
pursuant to section 104.
* * * * * * *
SEC. 107. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, [2012] 2027.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) In General--There is authorized to be appropriated under
this title not more than $1,000,000 for any fiscal year. Not
more than a total of [$10,000,000] $20,000,000 may be
appropriated for the Area under this title.
* * * * * * *
TITLE II--TENNESSEE CIVIL WAR HERITAGE AREA
* * * * * * *
SEC. 208. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, [2012] 2027.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under
this title not more than $1,000,000 for any fiscal year. Not
more than a total of [$10,000,000] $20,000,000 may be
appropriated for the national heritage area under this title.
* * * * * * *
TITLE IV--STEEL INDUSTRY HERITAGE PROJECT
* * * * * * *
SEC. 408. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, [2012] 2027.
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under
this title not more than $1,000,000 for any fiscal year. Not
more than a total of [$10,000,000] $20,000,000 may be
appropriated for the Heritage Area under this title.
* * * * * * *
TITLE V--ESSEX NATIONAL HERITAGE AREA
* * * * * * *
SEC. 507. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, [2012] 2027.
SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under
this title not more than $1,000,000 for any fiscal year. Not
more than a total of [$10,000,000] $20,000,000 may be
appropriated for the Area under this title.
* * * * * * *
TITLE VIII--OHIO & ERIE [CANAL NATIONAL HERITAGE CORRIDOR] NATIONAL
HERITAGE CANALWAY
SEC. 801. SHORT TITLE.
This title may be cited as the ``Ohio & Erie [Canal National
Heritage Corridor] National Heritage Canalway Act of 1996''.
* * * * * * *
SEC. 803. DEFINITIONS.
For the purposes of this title:
(1) The term ``corridor'' means the Ohio & Erie
[Canal National Heritage Corridor] National Heritage
Canalway established by section 804.
(2) The term ``Committee'' means the Ohio & Erie
Canal National Heritage Area Committee established by
section 805.
SEC. 804. OHIO & ERIE [CANAL NATIONAL HERITAGE CORRIDOR] NATIONAL
HERITAGE CANALWAY.
(a) Establishment.--There is established in the State of Ohio
the Ohio & Erie [Canal National Heritage Corridor] National
Heritage Canalway.
SEC. 805. THE OHIO & ERIE [CANAL NATIONAL HERITAGE CORRIDOR] NATIONAL
HERITAGE CANALWAY COMMITTEE.
(a) Establishment.--There is hereby established a Committee
to be known as the ``Ohio & Erie Canal [National Heritage
Corridor] National Heritage Canalway Committee'', whose purpose
shall be to assist Federal, State, and local authorities and
the private sector in the preparation and implementation of an
integrated Corridor Management Plan.
* * * * * * *
SEC. 811. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, [2012] 2027.
SEC. 812. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under
this title not more than $1,000,000 for any fiscal year. Not
more than a total of [$10,000,000] $20,000,000 may be
appropriated for the corridor under this title.
* * * * * * *
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SECTION 6 OF THE ACT OF OCTOBER 20, 1988
(Public Law 100-515)
AN ACT To provide for the establishment of the Coastal Heritage Trail
Route in the State of New Jersey, and for other purposes.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) * * *
(b)(1) Notwithstanding the provisions of subsection (a),
there are hereby authorized to be appropriated to the Secretary
to carry out the purposes of this Act [$4,000,000, which is in
addition to any sums appropriated for such purposes for use
during fiscal years ending on or before September 30, 1993.]
such sums as may be necessary.
* * * * * * *
(c) The authorities provided to the Secretary under this Act
shall terminate [10] 12 years after the date of enactment of
this subsection.
* * * * * * *
----------
ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT OF 1984
TITLE I
* * * * * * *
DEFINITIONS
Sec. 103. For purposes of this title--
(1) * * *
* * * * * * *
(8) the term ``Secretary'' means the Secretary of the
Interior; [and]
(9) the term ``State'' means the State of
Illinois[.]; and
(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 is exempt from taxation under section 501(a) of
such Code).
* * * * * * *
DUTIES OF THE SECRETARY
Sec. 112. To carry out the purpose of this Act, the Secretary
shall have the following duties:
(1) * * *
* * * * * * *
(7) The Secretary shall enter into a memorandum of
understanding with the Association to help ensure
appropriate transition of the management entity to the
Association and coordination with the Association
regarding that role.
* * * * * * *
AUTHORIZATION OF APPROPRIATIONS; ALLOCATION OF AMOUNTS FOR CERTAIN
PURPOSES
Sec. 116. [(a) Authorization of Appropriations.--(1) For
each] (a) For each fiscal year which commences after September
30, 1984, there is authorized to be appropriated--
[(A)] (1) to the [Commission] Association a sum not
to exceed $1,000,000 to carry out the [Commission's]
Association's duties under this title; and
[(B)] (2) to the Secretary such sums as may be
necessary to carry out the Secretary's duties under
this title.
[(2)] (b) Any sum appropriated under paragraph (1) shall
remain available until expended.
[(b) Allocation of Amounts for Certain Purposes.--Not less
than 5 per centum of the aggregate amount available to the
Commission from all sources for a fiscal year shall be used for
carrying out each of the duties of the Commission specified in
subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6),
(a)(7), (a)(8), and (b) of section 109.]
* * * * * * *
SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY.
Upon the termination of the Commission, the management entity
for the corridor shall be the Association. Upon the expiration
of the Commission, the Association shall have the powers and
restrictions of the Commission under this Act.
SEC. 120. DUTIES AND AUTHORITIES OF THE MANAGEMENT ENTITY.
For purposes of preparing and implementing the management
plan developed under section 121, the management entity may use
Federal funds made available under this Act--
(1) to make loans and 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
the 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
(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;
(7) for any year in which Federal funds have been
received under this Act--
(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 any loans and
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.
(1) In general.--The Association shall not use
Federal funds received under this Act to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this Act precludes the
Association from using Federal funds from other sources
for authorized purposes.
SEC. 123. MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than 2 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 to be undertaken by units of
government 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 the following:
(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 responsible for
carrying out the tasks, including any National
Park Service responsibilities.
(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.
(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 2 years after the
date that Federal funds are made available for this purpose,
the Association shall be ineligible to receive additional funds
under this Act 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
Act 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) 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.
(e) 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 Act 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 Act;
(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 Act there is authorized to
be appropriated $10,000,000, except that not more than
$1,000,000 may be appropriated to carry out this Act 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
Act shall not exceed 50 percent of that cost.
SEC. 126. SUNSET.
The authority of the Secretary to provide assistance under
this Act terminates on September 30, 2027.
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 Heritage Area until the
owner of that private property has been notified in writing by
the management entity and has given written consent for such
preservation, conservation, or promotion to the management
entity.
(b) Landowner Withdraw.--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 Act 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 Act 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 Act 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 Act may be expended. The
establishment of the corridor and its boundaries shall not be
construed to provide any nonexisting regulatory authority on
land use within the corridor or its viewshed by the Secretary,
the National Park Service, or the Association.
* * * * * * *