[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.

           *       *       *       *       *       *       *

                              ----------                              


                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.

           *       *       *       *       *       *       *


                                    
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