H.R. 1483 (110th): Celebrating America’s Heritage Act

110th Congress, 2007–2009. Text as of Oct 24, 2007 (Passed the House (Engrossed)).

Status & Summary | PDF | Source: GPO

IB

110th CONGRESS

1st Session

H. R. 1483

IN THE HOUSE OF REPRESENTATIVES

AN ACT

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.

1.

Short title

This Act may be cited as the Celebrating America’s Heritage Act.

2.

Table of contents

The table of contents is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Title I—Authorization Extensions and Viability Studies

Sec. 1001. Extensions of authorized appropriations.

Sec. 1002. Evaluation and report.

Title II—Establishment of National Heritage Areas

Subtitle A—Journey Through Hallowed Ground National Heritage Area

Sec. 2001. Short title; table of contents.

Sec. 2002. Purposes.

Sec. 2003. Definitions.

Sec. 2004. Designation of the Journey Through Hallowed Ground National Heritage Area.

Sec. 2005. Management plan.

Sec. 2006. Evaluation; report.

Sec. 2007. Local coordinating entity.

Sec. 2008. Relationship to other Federal agencies.

Sec. 2009. Private property and regulatory protections.

Sec. 2010. Authorization of appropriations.

Sec. 2011. Use of Federal funds from other sources.

Sec. 2012. Sunset for grants and other assistance.

Subtitle B—Niagara Falls National Heritage Area

Sec. 2021. Short title; table of contents.

Sec. 2022. Purposes.

Sec. 2023. Definitions.

Sec. 2024. Designation of the Niagara Falls National Heritage Area.

Sec. 2025. Management plan.

Sec. 2026. Evaluation; report.

Sec. 2027. Local coordinating entity.

Sec. 2028. Niagara Falls Heritage Area Commission.

Sec. 2029. Relationship to other Federal agencies.

Sec. 2030. Private property and regulatory protections.

Sec. 2031. Authorization of appropriations.

Sec. 2032. Use of Federal funds from other sources.

Sec. 2033. Sunset for grants and other assistance.

Subtitle C—Muscle Shoals National Heritage Area

Sec. 2041. Short title; table of contents.

Sec. 2042. Purposes.

Sec. 2043. Definitions.

Sec. 2044. Designation of Muscle Shoals National Heritage Area.

Sec. 2045. Management plan.

Sec. 2046. Evaluation; report.

Sec. 2047. Local coordinating entity.

Sec. 2048. Relationship to other Federal agencies.

Sec. 2049. Private property and regulatory protections.

Sec. 2050. Authorization of appropriations.

Sec. 2051. Use of Federal funds from other sources.

Sec. 2052. Sunset for grants and other assistance.

Subtitle D—Freedom’s Way National Heritage Area

Sec. 2061. Short title; table of contents.

Sec. 2062. Purposes.

Sec. 2063. Definitions.

Sec. 2064. Designation of Freedom’s Way National Heritage Area.

Sec. 2065. Management plan.

Sec. 2066. Evaluation; report.

Sec. 2067. Local coordinating entity.

Sec. 2068. Relationship to other Federal agencies.

Sec. 2069. Private property and regulatory protections.

Sec. 2070. Authorization of appropriations.

Sec. 2071. Use of Federal funds from other sources.

Sec. 2072. Sunset for grants and other assistance.

Subtitle E—Abraham Lincoln National Heritage Area

Sec. 2081. Short title; table of contents.

Sec. 2082. Purposes.

Sec. 2083. Definitions.

Sec. 2084. Designation of Abraham Lincoln National Heritage Area.

Sec. 2085. Management plan.

Sec. 2086. Evaluation; report.

Sec. 2087. Local coordinating entity.

Sec. 2088. Relationship to other Federal agencies.

Sec. 2089. Private property and regulatory protections.

Sec. 2090. Authorization of appropriations.

Sec. 2091. Use of Federal funds from other sources.

Sec. 2092. Sunset for grants and other assistance.

Subtitle F—Santa Cruz Valley National Heritage Area

Sec. 2111. Short title; table of contents.

Sec. 2112. Purposes.

Sec. 2113. Definitions.

Sec. 2114. Designation of Santa Cruz Valley National Heritage Area.

Sec. 2115. Management plan.

Sec. 2116. Evaluation; report.

Sec. 2117. Local coordinating entity.

Sec. 2118. Relationship to other Federal agencies.

Sec. 2119. Private property and regulatory protections.

Sec. 2120. Authorization of appropriations.

Sec. 2121. Use of Federal funds from other sources.

Sec. 2122. Sunset for grants and other assistance.

Title III—Study

Sec. 3001. Study and report of proposed Northern Neck National Heritage Area.

Title IV—Technical Corrections and Additions

Sec. 4001. National Coal Heritage Area technical corrections.

Sec. 4002. Rivers of steel national heritage area addition.

Sec. 4003. South Carolina National Heritage Corridor addition.

Sec. 4004. Ohio and Erie Canal National Heritage Corridor technical corrections.

Sec. 4005. New Jersey Coastal Heritage trail route extension of authorization.

Sec. 4006. Erie Canalway National Heritage Corridor technical corrections.

Title V—Sense of Congress Regarding Funding

Sec. 5001. Sense of Congress regarding funding.

Title VI—Application of Certain Laws

Sec. 6001. Application of certain State and local laws.

I

Authorization Extensions and Viability Studies

1001.

Extensions of authorized appropriations

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 in each of sections 108(a), 209(a), 311(a), 409(a), 508(a), 608(a), 708(a), 810(a) (as redesignated by this Act), and 909(c), by striking $10,000,000 and inserting $15,000,000.

1002.

Evaluation and report

(a)

In general

For the nine National Heritage Areas authorized in Division II of the Omnibus Parks and Public Lands Management Act of 1996, not later than 3 years before the date on which authority for Federal funding terminates for each National Heritage Area, the Secretary shall—

(1)

conduct an evaluation of the accomplishments of the National Heritage Area; and

(2)

prepare a report in accordance with subsection (c).

(b)

Evaluation

An evaluation conducted under subsection (a)(1) shall—

(1)

assess the progress of the local management entity with respect to—

(A)

accomplishing the purposes of the authorizing legislation for the National Heritage Area; and

(B)

achieving the goals and objectives of the approved management plan for the National Heritage Area;

(2)

analyze the investments of Federal, State, Tribal, and local government and private entities in each National Heritage Area to determine the impact of the investments; and

(3)

review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.

(c)

Report

Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.

II

Establishment of National Heritage Areas

A

Journey Through Hallowed Ground National Heritage Area

2001.

Short title; table of contents

(a)

Short title

This subtitle may be cited as the Journey Through Hallowed Ground National Heritage Area Act.

(b)

Table of contents

The table of contents of this subtitle is as follows:

Sec. 2001. Short title; table of contents.

Sec. 2002. Purposes.

Sec. 2003. Definitions.

Sec. 2004. Designation of the Journey Through Hallowed Ground National Heritage Area.

Sec. 2005. Management plan.

Sec. 2006. Evaluation; report.

Sec. 2007. Local coordinating entity.

Sec. 2008. Relationship to other Federal agencies.

Sec. 2009. Private property and regulatory protections.

Sec. 2010. Authorization of appropriations.

Sec. 2011. Use of Federal funds from other sources.

Sec. 2012. Sunset for grants and other assistance.

2002.

Purposes

(a)

The purposes of this subtitle include—

(1)

to recognize the national importance of the natural and cultural legacies of the area, as demonstrated in the study entitled The Journey Through Hallowed Ground National Heritage Area Feasibility Study dated September 2006;

(2)

to preserve, support, conserve, and interpret the legacy of the American history created along the National Heritage Area;

(3)

to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public;

(4)

to recognize and interpret important events and geographic locations representing key developments in the creation of America, including Native American, Colonial American, European American, and African American heritage;

(5)

to recognize and interpret the effect of the Civil War on the civilian population of the National Heritage Area during the war and post-war reconstruction period;

(6)

to enhance a cooperative management framework to assist the Commonwealth of Virginia, the State of Maryland, the Commonwealth of Pennsylvania, the State of West Virginia, and their units of local government, the private sector, and citizens residing in the National Heritage Area in conserving, supporting, enhancing, and interpreting the significant historic, cultural and recreational sites in the National Heritage Area; and

(7)

to provide appropriate linkages among units of the National Park System within and surrounding the National Heritage Area, to protect, enhance, and interpret resources outside of park boundaries.

2003.

Definitions

In this subtitle—

(1)

National heritage area

The term National Heritage Area means the Journey Through Hallowed Ground National Heritage Area established in this subtitle.

(2)

Local coordinating entity

The term local coordinating entity means the Journey Through Hallowed Ground Partnership, a Virginia non-profit, which is hereby designated by Congress—

(A)

to develop, in partnership with others, the management plan for the National Heritage Area; and

(B)

to act as a catalyst for the implementation of projects and programs among diverse partners in the National Heritage Area.

(3)

Management plan

The term management plan means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

2004.

Designation of the Journey Through Hallowed Ground National Heritage Area

(a)

Establishment

There is hereby established the Journey Through Hallowed Ground National Heritage Area.

(b)

Boundaries

(1)

In general

The Heritage Area shall consist of the 175-mile region generally following the Route 15 corridor and surrounding areas from Adams County, Pennsylvania, through Frederick County, Maryland, including the Heart of the Civil War Maryland State Heritage Area, looping through Brunswick, Maryland, to Harpers Ferry, West Virginia, back through Loudoun County, Virginia, to the Route 15 corridor and surrounding areas encompassing portions of Loudoun and Prince William Counties, Virginia, then Fauquier County, Virginia, portions of Spotsylvania and Madison Counties, Virginia, and Culpepper, Rappahannock, Orange, and Albemarle Counties, Virginia.

(2)

Map

The boundaries of the National Heritage Area shall include all of those lands and interests as generally depicted on the map titled Journey Through Hallowed Ground National Heritage Area, numbered P90/80,000, and dated October 2006. The map shall be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity.

2005.

Management plan

(a)

Requirements

The management plan for the National Heritage Area shall—

(1)

describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;

(2)

include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(3)

specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;

(4)

include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;

(5)

recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(6)

describe a program for implementation for the management plan, including—

(A)

performance goals;

(B)

plans for resource protection, enhancement, interpretation, funding, management, and development; and

(C)

specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal or local government agency, organization, business, or individual;

(7)

include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and

(8)

include a business plan that—

(A)

describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and

(B)

provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.

(b)

Deadline

(1)

In general

Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.

(2)

Termination of funding

If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.

(c)

Approval of management plan

(1)

Review

Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3).

(2)

Consultation

The Secretary shall consult with the Governor of each State in which the National Heritage Area is located before approving a management plan for the National Heritage Area.

(3)

Criteria for approval

In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A)

the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural, and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;

(B)

the local coordinating entity—

(i)

has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and

(ii)

provides for at least semiannual public meetings to ensure adequate implementation of the management plan;

(C)

the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(D)

the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;

(E)

the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;

(F)

the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and

(G)

the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.

(4)

Disapproval

(A)

In general

If the Secretary disapproves the management plan, the Secretary—

(i)

shall advise the local coordinating entity in writing of the reasons for the disapproval; and

(ii)

may make recommendations to the local coordinating entity for revisions to the management plan.

(B)

Deadline

Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.

(5)

Amendments

(A)

In general

An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.

(B)

Implementation

The local coordinating entity shall not use Federal funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment.

(6)

Authorities

The Secretary may—

(A)

provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; and

(B)

enter into cooperative agreements with interested parties to carry out this subtitle.

2006.

Evaluation; report

(a)

In general

Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle, the Secretary shall—

(1)

conduct an evaluation of the accomplishments of the National Heritage Area; and

(2)

prepare a report in accordance with subsection (c).

(b)

Evaluation

An evaluation conducted under subsection (a)(1) shall—

(1)

assess the progress of the local coordinating entity with respect to—

(A)

accomplishing the purposes of the authorizing legislation for the National Heritage Area; and

(B)

achieving the goals and objectives of the approved management plan for the National Heritage Area;

(2)

analyze the Federal, State, Tribal, local, and private investments in the National Heritage Area to determine the impact of the investments; and

(3)

review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.

(c)

Report

Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.

2007.

Local coordinating entity

(a)

Duties

To further the purposes of the National Heritage Area, the Journey Through Hallowed Ground Partnership, as the local coordinating entity, shall—

(1)

prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this subtitle;

(2)

submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, specifying—

(A)

the specific performance goals and accomplishments of the local coordinating entity;

(B)

the expenses and income of the local coordinating entity;

(C)

the amounts and sources of matching funds;

(D)

the amounts leveraged with Federal funds and sources of the leveraging; and

(E)

grants made to any other entities during the fiscal year;

(3)

make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; and

(4)

encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area.

(b)

Authorities

For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this subtitle to—

(1)

make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;

(2)

enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;

(3)

hire and compensate staff, including individuals with expertise in—

(A)

natural, historical, cultural, educational, scenic, and recreational resource conservation;

(B)

economic and community development; and

(C)

heritage planning;

(4)

obtain funds or services from any source, including other Federal programs;

(5)

contract for goods or services; and

(6)

support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.

(c)

Prohibition on acquisition of real property

The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest in real property.

2008.

Relationship to other Federal agencies

(a)

In general

Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law.

(b)

Consultation and coordination

The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.

(c)

Other Federal agencies

Nothing in this subtitle—

(1)

modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;

(2)

limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; or

(3)

modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

2009.

Private property and regulatory protections

Nothing in this subtitle—

(1)

abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;

(2)

requires any property owner to permit public access (including access by Federal, State, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;

(3)

alters any duly adopted land use regulation, approved land use plan, or other regulatory authority (such as the authority to make safety improvements or increase the capacity of existing roads or to construct new roads) of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy or water or water-related infrastructure;

(4)

authorizes or implies the reservation or appropriation of water or water rights;

(5)

diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or

(6)

creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.

2010.

Authorization of appropriations

(a)

Authorization of Appropriations

Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.

(b)

Limitation on Total Amounts Appropriated

Not more than $15,000,000 may be appropriated to carry out this subtitle.

(c)

Cost-Sharing Requirement

The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.

2011.

Use of Federal funds from other sources

Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.

2012.

Sunset for grants and other assistance

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

B

Niagara Falls National Heritage Area

2021.

Short title; table of contents

(a)

Short title

This subtitle may be cited as the Niagara Falls National Heritage Area Act.

(b)

Table of contents

The table of contents of this subtitle is as follows:

Sec. 2021. Short title; table of contents.

Sec. 2022. Purposes.

Sec. 2023. Definitions.

Sec. 2024. Designation of the Niagara Falls National Heritage Area.

Sec. 2025. Management plan.

Sec. 2026. Evaluation; report.

Sec. 2027. Local coordinating entity.

Sec. 2028. Niagara Falls Heritage Area Commission.

Sec. 2029. Relationship to other Federal agencies.

Sec. 2030. Private property and regulatory protections.

Sec. 2031. Authorization of appropriations.

Sec. 2032. Use of Federal funds from other sources.

Sec. 2033. Sunset for grants and other assistance.

2022.

Purposes

(a)

The purposes of this subtitle include—

(1)

to recognize the national importance of the natural and cultural legacies of the area, as demonstrated in the National Park Service study report entitled Niagara National Heritage Area Study dated 2005;

(2)

to preserve, support, conserve, and interpret the natural, scenic, cultural, and historic resources within the National Heritage Area;

(3)

to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public;

(4)

to recognize and interpret important events and geographic locations representing key developments in American history and culture, including Native American, Colonial American, European American, and African American heritage;

(5)

to enhance a cooperative management framework to assist State, local, and Tribal governments, the private sector, and citizens residing in the National Heritage Area in conserving, supporting, enhancing, and interpreting the significant historic, cultural, and recreational sites in the National Heritage Area;

(6)

to conserve and interpret the history of the development of hydroelectric power in the United States and its role in developing the American economy; and

(7)

to provide appropriate linkages among units of the National Park System within and surrounding the National Heritage Area, to protect, enhance, and interpret resources outside of park boundaries.

2023.

Definitions

In this subtitle—

(1)

National heritage area

The term National Heritage Area means the Niagara Falls National Heritage Area established in this subtitle.

(2)

Local coordinating entity

The term local coordinating entity means the local coordinating entity for the National Heritage Area designated pursuant to this subtitle.

(3)

Management plan

The term management plan means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

(5)

Commission

The term Commission means the Niagara Falls National Heritage Area Commission established under this subtitle.

(6)

Governor

The term Governor means the Governor of the State of New York.

2024.

Designation of the Niagara Falls National Heritage Area

(a)

Establishment

There is hereby established the Niagara Falls National Heritage Area.

(b)

Boundaries

(1)

In general

The National Heritage Area shall consist of the area from the western boundary of the town of Wheatfield, New York, extending to the mouth of the Niagara River on Lake Ontario, including the city of Niagara Falls, New York, the villages of Youngstown and Lewiston, New York, land and water within the boundaries of the Heritage Area in Niagara County, New York, and any additional thematically related sites within Erie and Niagara Counties, New York, that are identified in the management plan developed under this subtitle.

(2)

Map

The boundaries of the National Heritage Area shall be as generally depicted on the map titled Niagara Falls National Heritage Area, and numbered P76/80,000 and dated July, 2006. The map shall be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity.

2025.

Management plan

(a)

Requirements

The management plan for the National Heritage Area shall—

(1)

describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;

(2)

include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(3)

specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;

(4)

include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;

(5)

recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(6)

describe a program for implementation for the management plan, including—

(A)

performance goals;

(B)

plans for resource protection, enhancement, interpretation, funding, management, and development; and

(C)

specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal, or local government agency, organization, business, or individual;

(7)

include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and

(8)

include a business plan that—

(A)

describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and

(B)

provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.

(b)

Deadline

(1)

In general

Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.

(2)

Termination of funding

If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.

(c)

Approval of management plan

(1)

Review

Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3).

(2)

Consultation

The Secretary shall consult with the Governor before approving a management plan for the National Heritage Area.

(3)

Criteria for approval

In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A)

the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;

(B)

the local coordinating entity—

(i)

has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and

(ii)

provides for at least semiannual public meetings to ensure adequate implementation of the management plan;

(C)

the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(D)

the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;

(E)

the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;

(F)

the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and

(G)

the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.

(4)

Disapproval

(A)

In general

If the Secretary disapproves the management plan, the Secretary—

(i)

shall advise the local coordinating entity in writing of the reasons for the disapproval; and

(ii)

may make recommendations to the local coordinating entity for revisions to the management plan.

(B)

Deadline

Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.

(5)

Amendments

(A)

In general

An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.

(B)

Implementation

The local coordinating entity shall not use Federal funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment.

(6)

Authorities

The Secretary may—

(A)

provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; and

(B)

enter into cooperative agreements with interested parties to carry out this subtitle.

2026.

Evaluation; report

(a)

In general

Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle the Secretary shall—

(1)

conduct an evaluation of the accomplishments of the National Heritage Area; and

(2)

prepare a report in accordance with subsection (c).

(b)

Evaluation

An evaluation conducted under subsection (a)(1) shall—

(1)

assess the progress of the local coordinating entity with respect to—

(A)

accomplishing the purposes of the authorizing legislation for the National Heritage Area; and

(B)

achieving the goals and objectives of the approved management plan for the National Heritage Area;

(2)

analyze the Federal, State, Tribal, and local, and private investments in the National Heritage Area to determine the impact of the investments; and

(3)

review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.

(c)

Report

Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.

2027.

Local coordinating entity

(a)

Designation

The local coordinating entity for the Heritage Area shall be—

(1)

for the 5-year period beginning on the date of enactment of this subtitle, the Commission; and

(2)

on expiration of the 5-year period described in subparagraph (1), a private nonprofit or governmental organization designated by the Commission.

(b)

Duties

To further the purposes of the National Heritage Area, the local coordinating entity, shall—

(1)

prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this subtitle;

(2)

submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, specifying—

(A)

the specific performance goals and accomplishments of the local coordinating entity;

(B)

the expenses and income of the local coordinating entity;

(C)

the amounts and sources of matching funds;

(D)

the amounts leveraged with Federal funds and sources of the leveraging; and

(E)

grants made to any other entities during the fiscal year;

(3)

make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds;

(4)

encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area; and

(5)

coordinate projects, activities, and programs with the Erie Canalway National Heritage Corridor.

(c)

Authorities

For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this subtitle to—

(1)

make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;

(2)

enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;

(3)

hire and compensate staff, including individuals with expertise in—

(A)

natural, historical, cultural, educational, scenic, and recreational resource conservation;

(B)

economic and community development; and

(C)

heritage planning;

(4)

obtain funds or services from any source, including other Federal programs;

(5)

contract for goods or services; and

(6)

support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.

(d)

Prohibition on acquisition of real property

The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest in real property.

2028.

Niagara Falls Heritage Area Commission

(a)

Establishment

There is established within the Department of the Interior the Niagara Falls National Heritage Area Commission.

(b)

Membership

The Commission shall be composed of 17 members, of whom—

(1)

1 member shall be the Director of the National Park Service (or a designee);

(2)

5 members shall be appointed by the Secretary, after consideration of the recommendation of the Governor, from among individuals with knowledge and experience of—

(A)

the New York State Office of Parks, Recreation and Historic Preservation, the Niagara River Greenway Commission, the New York Power Authority, the USA Niagara Development Corporation, and the Niagara Tourism and Convention Corporation; or

(B)

any successors of the agencies described in subparagraph (A);

(3)

1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of Niagara Falls, New York;

(4)

1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of the village of Youngstown, New York;

(5)

1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of the village of Lewiston, New York;

(6)

1 member shall be appointed by the Secretary, after consideration of the recommendation of the Tuscarora Nation;

(7)

1 member shall be appointed by the Secretary, after consideration of the recommendation of the Seneca Nation of Indians; and

(8)

6 members shall be individuals who have an interest in, support for, and expertise appropriate to tourism, regional planning, history and historic preservation, cultural or natural resource management, conservation, recreation, and education, or museum services, of whom—

(A)

4 members shall be appointed by the Secretary, after consideration of the recommendation of the 2 members of the Senate from the State; and

(B)

2 members shall be appointed by the Secretary, after consideration of the recommendation of the Member of the House of Representatives whose district encompasses the National Heritage Area.

(c)

Terms; Vacancies

(1)

Term

A member of the Commission shall be appointed for a term not to exceed 5 years.

(2)

Vacancies

(A)

Partial term

A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed.

(B)

In general

A vacancy on the Commission shall be filled in the same manner as the original appointment was made.

(d)

Chairperson and Vice Chairperson

(1)

Selection

The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.

(2)

Vice chairperson

The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.

(e)

Quorum

(1)

In general

A majority of the members of the Commission shall constitute a quorum.

(2)

Transaction

For the transaction of any business or the exercise of any power of the Commission, the Commission shall have the power to act by a majority vote of the members present at any meeting at which a quorum is in attendance.

(f)

Meetings

(1)

In general

The Commission shall meet at least quarterly at the call of—

(A)

the Chairperson; or

(B)

a majority of the members of the Commission.

(2)

Notice

Notice of Commission meetings and agendas for the meetings shall be published in local newspapers that are distributed throughout the National Heritage Area.

(3)

Applicable law

Meetings of the Commission shall be subject to section 552b of title 5, United States Code.

(g)

Authorities of the Commission

In addition to the authorities otherwise granted in this subtitle, the Commission may—

(1)

request and accept from the head of any Federal agency, on a reimbursable or non-reimbursable basis, any personnel of the Federal agency to the Commission to assist in carrying out the duties of the Commission;

(2)

request and accept from the head of any State agency or any agency of a political subdivision of the State, on a reimbursable or nonreimbursable basis, any personnel of the agency to the Commission to assist in carrying out the duties of the Commission;

(3)

seek, accept, and dispose of gifts, bequests, grants, or donations of money, personal property, or services; and

(4)

use the United States mails in the same manner as other agencies of the Federal Government.

(h)

Duties of the Commission

To further the purposes of the National Heritage Area, in addition to the duties otherwise listed in this subtitle, the Commission shall assist in the transition of the management of the National Heritage Area from the Commission to the local coordinating entity designated under this subtitle.

(i)

Compensation of Members

(1)

In general

A member of the Commission shall serve without compensation.

(2)

Travel expenses

A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

(j)

Gifts

For purposes of section 170(c) of the Internal Revenue Code of 1986, any gift or charitable contribution to the Commission shall be considered to be a charitable contribution or gift to the United States.

(k)

Use of Federal Funds

Except as provided for the leasing of administrative facilities under subsection (g)(1), the Commission may not use Federal funds made available to the Commission under this subtitle to acquire any real property or interest in real property.

2029.

Relationship to other Federal agencies

(a)

In general

Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law.

(b)

Consultation and coordination

The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.

(c)

Other Federal agencies

Nothing in this subtitle—

(1)

modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;

(2)

limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; or

(3)

modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

2030.

Private property and regulatory protections

Nothing in this subtitle—

(1)

abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;

(2)

requires any property owner to permit public access (including access by Federal, State, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;

(3)

alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure;

(4)

authorizes or implies the reservation or appropriation of water or water rights;

(5)

diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or

(6)

creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.

2031.

Authorization of appropriations

(a)

Authorization of Appropriations

Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.

(b)

Limitation on Total Amounts Appropriated

Not more than $15,000,000 may be appropriated to carry out this subtitle.

(c)

Cost-Sharing Requirement

The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.

2032.

Use of Federal funds from other sources

Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.

2033.

Sunset for grants and other assistance

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

C

Muscle Shoals National Heritage Area

2041.

Short title; table of contents

(a)

Short title

This subtitle may be cited as the Muscle Shoals National Heritage Area Act.

(b)

Table of contents

The table of contents of this subtitle is as follows:

Sec. 2041. Short title; table of contents.

Sec. 2042. Purposes.

Sec. 2043. Definitions.

Sec. 2044. Designation of Muscle Shoals National Heritage Area.

Sec. 2045. Management plan.

Sec. 2046. Evaluation; report.

Sec. 2047. Local coordinating entity.

Sec. 2048. Relationship to other Federal agencies.

Sec. 2049. Private property and regulatory protections.

Sec. 2050. Authorization of appropriations.

Sec. 2051. Use of Federal funds from other sources.

Sec. 2052. Sunset for grants and other assistance.

2042.

Purposes

The purposes of this subtitle include—

(1)

to preserve, support conserve and interpret the legacy of the region represented by the National Heritage Area as described in the feasibility study prepared by the National Park Service;

(2)

to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public;

(3)

to recognize and interpret important events and geographic locations representing key developments in the growth of America, including Native American, Colonial American, European American, and African American heritage;

(4)

to recognize and interpret how the distinctive geography of the region shaped the development of settlement, defense, transportation, commerce, and culture there;

(5)

to provide a cooperative management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the region in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; and

(6)

to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the National Heritage Area.

2043.

Definitions

In this subtitle:

(1)

National heritage area

The term National Heritage Area means the Muscle Shoals National Heritage Area established in this subtitle.

(2)

Local coordinating entity

The term local coordinating entity means the Muscle Shoals Regional Center, which is hereby designated by Congress—

(A)

to develop, in partnership with others, the management plan for the National Heritage Area; and

(B)

to act as a catalyst for the implementation of projects and programs among diverse partners in the National Heritage Area.

(3)

Management plan

The term management plan means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

2044.

Designation of Muscle Shoals National Heritage Area

(a)

Establishment

There is hereby established the Muscle Shoals National Heritage Area in the State of Alabama.

(b)

Boundaries

(1)

In general

The National Heritage Area shall be comprised of the counties of Colbert, Franklin, Lauderdale, Lawrence, Limestone, and Morgan; including the Wilson Dam; the Handy Home; and the Helen Keller birthplace.

(2)

Map

The boundary of the National Heritage Area shall be as generally depicted on the map titled Muscle Shoals National Heritage Area, numbered T08/80,000, and dated October 2007. The map shall be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity.

2045.

Management plan

(a)

Requirements

The management plan for the National Heritage Area shall—

(1)

describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;

(2)

include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(3)

specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;

(4)

include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;

(5)

recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(6)

describe a program for implementation for the management plan, including—

(A)

performance goals;

(B)

plans for resource protection, enhancement, interpretation, funding, management, and development; and

(C)

specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal, or local government agency, organization, business, or individual;

(7)

include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and

(8)

include a business plan that—

(A)

describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and

(B)

provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.

(b)

Deadline

(1)

In general

Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.

(2)

Termination of funding

If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.

(c)

Approval of management plan

(1)

Review

Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3).

(2)

Consultation

The Secretary shall consult with the Governor of each State in which the National Heritage Area is located before approving a management plan for the National Heritage Area.

(3)

Criteria for approval

In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A)

the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural, and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;

(B)

the local coordinating entity—

(i)

has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and

(ii)

provides for at least semiannual public meetings to ensure adequate implementation of the management plan;

(C)

the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(D)

the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;

(E)

the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;

(F)

the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and

(G)

the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.

(4)

Disapproval

(A)

In general

If the Secretary disapproves the management plan, the Secretary—

(i)

shall advise the local coordinating entity in writing of the reasons for the disapproval; and

(ii)

may make recommendations to the local coordinating entity for revisions to the management plan.

(B)

Deadline

Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.

(5)

Amendments

(A)

In general

An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.

(B)

Implementation

The local coordinating entity shall not use Federal funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment.

(6)

Authorities

The Secretary may—

(A)

provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; and

(B)

enter into cooperative agreements with interested parties to carry out this subtitle.

2046.

Evaluation; report

(a)

In general

Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle, the Secretary shall—

(1)

conduct an evaluation of the accomplishments of the National Heritage Area; and

(2)

prepare a report in accordance with subsection (c).

(b)

Evaluation

An evaluation conducted under subsection (a)(1) shall—

(1)

assess the progress of the local coordinating entity with respect to—

(A)

accomplishing the purposes of the authorizing legislation for the National Heritage Area; and

(B)

achieving the goals and objectives of the approved management plan for the National Heritage Area;

(2)

analyze the Federal, State, Tribal, and local, and private investments in the National Heritage Area to determine the impact of the investments; and

(3)

review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.

(c)

Report

Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.

2047.

Local coordinating entity

(a)

Duties

To further the purposes of the National Heritage Area, the Muscle Shoals Regional Center, as the local coordinating entity, shall—

(1)

prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this subtitle;

(2)

submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, specifying—

(A)

the specific performance goals and accomplishments of the local coordinating entity;

(B)

the expenses and income of the local coordinating entity;

(C)

the amounts and sources of matching funds;

(D)

the amounts leveraged with Federal funds and sources of the leveraging; and

(E)

grants made to any other entities during the fiscal year;

(3)

make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; and

(4)

encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area.

(b)

Authorities

For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this subtitle to—

(1)

make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;

(2)

enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;

(3)

hire and compensate staff, including individuals with expertise in—

(A)

natural, historical, cultural, educational, scenic, and recreational resource conservation;

(B)

economic and community development; and

(C)

heritage planning;

(4)

obtain funds or services from any source, including other Federal programs;

(5)

contract for goods or services; and

(6)

support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.

(c)

Prohibition on acquisition of real property

The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest in real property.

2048.

Relationship to other Federal agencies

(a)

In general

Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law.

(b)

Consultation and coordination

The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.

(c)

Other Federal agencies

Nothing in this subtitle—

(1)

modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;

(2)

limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; or

(3)

modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

2049.

Private property and regulatory protections

Nothing in this subtitle—

(1)

abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;

(2)

requires any property owner to permit public access (including access by Federal, State, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;

(3)

alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure;

(4)

authorizes or implies the reservation or appropriation of water or water rights;

(5)

diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or

(6)

creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.

2050.

Authorization of appropriations

(a)

Authorization of Appropriations

Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.

(b)

Limitation on Total Amounts Appropriated

Not more than $15,000,000 may be appropriated to carry out this subtitle.

(c)

Cost-Sharing Requirement

The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.

2051.

Use of Federal funds from other sources

Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.

2052.

Sunset for grants and other assistance

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

D

Freedom’s Way National Heritage Area

2061.

Short title; table of contents

(a)

Short title

This subtitle may be cited as the Freedom’s Way National Heritage Area Act.

(b)

Table of contents

The table of contents of this subtitle is as follows:

Sec. 2061. Short title; table of contents.

Sec. 2062. Purposes.

Sec. 2063. Definitions.

Sec. 2064. Designation of Freedom’s Way National Heritage Area.

Sec. 2065. Management plan.

Sec. 2066. Evaluation; report.

Sec. 2067. Local coordinating entity.

Sec. 2068. Relationship to other Federal agencies.

Sec. 2069. Private property and regulatory protections.

Sec. 2070. Authorization of appropriations.

Sec. 2071. Use of Federal funds from other sources.

Sec. 2072. Sunset for grants and other assistance.

2062.

Purposes

(a)

The purposes of this subtitle include—

(1)

to recognize the significant natural and cultural legacies of the area, as demonstrated in the study entitled Freedom’s Way Heritage Area Feasibility Study dated July 1997 and the addendum dated March 2003;

(2)

to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public;

(3)

to foster a close working relationship between the Secretary and all levels of government, the private sector, and local communities in the Commonwealth of Massachusetts and the State of New Hampshire in order to preserve the special historic identity of the National Heritage Area;

(4)

to manage, preserve, protect and interpret the cultural, historical, and natural resources of the National Heritage Area for the educational and inspirational benefit of future generations; and

(5)

to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the National Heritage Area.

2063.

Definitions

In this subtitle:

(1)

National heritage area

The term National Heritage Area means the Freedom’s Way National Heritage Area established in this subtitle.

(2)

Local coordinating entity

The term local coordinating entity means the Freedom’s Way Heritage Association, Inc., which is hereby designated by Congress—

(A)

to develop, in partnership with others, the management plan for the National Heritage Area; and

(B)

to act as a catalyst for the implementation of projects and programs among diverse partners in the National Heritage Area.

(3)

Management plan

The term management plan means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

2064.

Designation of Freedom’s Way National Heritage Area

(a)

Establishment

There is hereby established the Freedom’s Way National Heritage Area.

(b)

Boundaries

(1)

In general

The National Heritage Area shall include the following communities in the Commonwealth of Massachusetts: Winchendon, Ashburnham, Ashby, Gardner, Fitchburg, Westminster, Princeton, Sterling, Leominster, Townsend, Pepperell, Lunenburg, Shirley, Lancaster, Clinton, Bolton, Harvard, Ayer, Groton, Dunstable, Westford, Littleton, Boxborough, Stow, Hudson, Maynard, Sudbury, Concord, Carlisle, Acton, Bedford, Lincoln, Lexington, Woburn, Arlington, Medford, and Malden. Additionally it shall include the following communities in the State of New Hampshire: New Ipswich, Greenville, Mason, Brookline, Milford, Amherst, Hollis, and Nashua.

(2)

Map

The boundaries of the National Heritage area shall be as generally depicted on the map titled Freedom’s Way National Heritage Area, numbered T04/80,000, and dated July 2007. The map shall be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity.

2065.

Management plan

(a)

Requirements

The management plan for the National Heritage Area shall—

(1)

describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;

(2)

include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(3)

specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;

(4)

include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;

(5)

recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(6)

describe a program for implementation for the management plan, including—

(A)

performance goals;

(B)

plans for resource protection, enhancement, interpretation, funding, management, and development; and

(C)

specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal, or local government agency, organization, business, or individual;

(7)

include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and

(8)

include a business plan that—

(A)

describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and

(B)

provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.

(b)

Deadline

(1)

In general

Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.

(2)

Termination of funding

If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.

(c)

Approval of management plan

(1)

Review

Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for the National Heritage Area on the basis of the criteria established under paragraph (3).

(2)

Consultation

The Secretary shall consult with the Governor of each State or Commonwealth in which the National Heritage Area is located before approving a management plan for the National Heritage Area.

(3)

Criteria for approval

In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A)

the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;

(B)

the local coordinating entity—

(i)

has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and

(ii)

provides for at least semiannual public meetings to ensure adequate implementation of the management plan;

(C)

the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(D)

the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;

(E)

the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;

(F)

the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and

(G)

the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.

(4)

Disapproval

(A)

In general

If the Secretary disapproves the management plan, the Secretary—

(i)

shall advise the local coordinating entity in writing of the reasons for the disapproval; and

(ii)

may make recommendations to the local coordinating entity for revisions to the management plan.

(B)

Deadline

Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.

(5)

Amendments

(A)

In general

An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.

(B)

Implementation

The local coordinating entity shall not use Federal funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment.

(6)

Authorities

The Secretary may—

(A)

provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; and

(B)

enter into cooperative agreements with interested parties to carry out this subtitle.

2066.

Evaluation; report

(a)

In general

Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle, the Secretary shall—

(1)

conduct an evaluation of the accomplishments of the National Heritage Area; and

(2)

prepare a report in accordance with subsection (c).

(b)

Evaluation

An evaluation conducted under subsection (a)(1) shall—

(1)

assess the progress of the local coordinating entity with respect to—

(A)

accomplishing the purposes of the authorizing legislation for the National Heritage Area; and

(B)

achieving the goals and objectives of the approved management plan for the National Heritage Area;

(2)

analyze the Federal, State, Tribal, and local, and private investments in the National Heritage Area to determine the impact of the investments; and

(3)

review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.

(c)

Report

Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.

2067.

Local coordinating entity

(a)

Duties

To further the purposes of the National Heritage Area, the Freedom’s Way Heritage Association, Inc., as the local coordinating entity, shall—

(1)

prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this subtitle;

(2)

submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, specifying—

(A)

the specific performance goals and accomplishments of the local coordinating entity;

(B)

the expenses and income of the local coordinating entity;

(C)

the amounts and sources of matching funds;

(D)

the amounts leveraged with Federal funds and sources of the leveraging; and

(E)

grants made to any other entities during the fiscal year;

(3)

make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; and

(4)

encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area.

(b)

Authorities

For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this subtitle to—

(1)

make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;

(2)

enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;

(3)

hire and compensate staff, including individuals with expertise in—

(A)

natural, historical, cultural, educational, scenic, and recreational resource conservation;

(B)

economic and community development; and

(C)

heritage planning;

(4)

obtain funds or services from any source, including other Federal programs;

(5)

contract for goods or services; and

(6)

support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.

(c)

Prohibition on acquisition of real property

The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest in real property.

2068.

Relationship to other Federal agencies

(a)

In general

Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law.

(b)

Consultation and coordination

The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.

(c)

Other Federal agencies

Nothing in this subtitle—

(1)

modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;

(2)

limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; or

(3)

modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

2069.

Private property and regulatory protections

Nothing in this subtitle—

(1)

abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;

(2)

requires any property owner to permit public access (including access by Federal, State, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;

(3)

alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure;

(4)

authorizes or implies the reservation or appropriation of water or water rights;

(5)

diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or

(6)

creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.

2070.

Authorization of appropriations

(a)

Authorization of Appropriations

Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.

(b)

Limitation on Total Amounts Appropriated

Not more than $15,000,000 may be appropriated to carry out this subtitle.

(c)

Cost-Sharing Requirement

The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.

2071.

Use of Federal funds from other sources

Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under Acts other than this subtitle for the purposes for which those funds were authorized.

2072.

Sunset for grants and other assistance

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

E

Abraham Lincoln National Heritage Area

2081.

Short title; table of contents

(a)

Short title

This subtitle may be cited as the Abraham Lincoln National Heritage Area Act.

(b)

Table of contents

The table of contents of this subtitle is as follows:

Sec. 2081. Short title; table of contents.

Sec. 2082. Purposes.

Sec. 2083. Definitions.

Sec. 2084. Designation of Abraham Lincoln National Heritage Area.

Sec. 2085. Management plan.

Sec. 2086. Evaluation; report.

Sec. 2087. Local coordinating entity.

Sec. 2088. Relationship to other Federal agencies.

Sec. 2089. Private property and regulatory protections.

Sec. 2090. Authorization of appropriations.

Sec. 2091. Use of Federal funds from other sources.

Sec. 2092. Sunset for grants and other assistance.

2082.

Purposes

(a)

The purposes of this subtitle include—

(1)

to recognize the significant natural and cultural legacies of the area, as demonstrated in the study entitled Feasibility Study of the Proposed Abraham Lincoln National Heritage Area prepared for the Looking for Lincoln Heritage Coalition in 2002 and revised in 2007;

(2)

to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public;

(3)

to recognize and interpret important events and geographic locations representing key periods in the growth of America, including Native American, Colonial American, European American, and African American heritage;

(4)

to recognize and interpret the distinctive role the region played in shaping the man who would become the 16th President of the United States, and how Abraham Lincoln’s life left its traces in the stories, folklore, buildings, streetscapes, and landscapes of the region;

(5)

to provide a cooperative management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the region in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; and

(6)

to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the Heritage Area.

2083.

Definitions

In this subtitle:

(1)

National heritage area

The term National Heritage Area means the Abraham Lincoln National Heritage Area established in this subtitle.

(2)

Local coordinating entity

The term local coordinating entity means the Looking for Lincoln Heritage Coalition, which is hereby designated by Congress—

(A)

to develop, in partnership with others, the management plan for the National Heritage Area; and

(B)

to act as a catalyst for the implementation of projects and programs among diverse partners in the National Heritage Area.

(3)

Management plan

The term management plan means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

2084.

Designation of Abraham Lincoln National Heritage Area

(a)

Establishment

There is hereby established the Abraham Lincoln National Heritage Area.

(b)

Boundaries

(1)

In general

The National Heritage Area shall consist of sites as designated by the management plan within a core area located in Central Illinois, consisting of Adams, Brown, Calhoun, Cass, Champaign, Christian, Clark, Coles, Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton, Greene, Hancock, Henderson, Jersey, Knox, LaSalle, Logan, Macon, Macoupin, Madison, Mason, McDonough, McLean, Menard, Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon, Schuyler, Scott, Shelby, Tazwell, Vermillion, Warren and Woodford counties.

(2)

Map

The boundaries of the National Heritage Area shall be as generally depicted on the map titled Proposed Abraham Lincoln National Heritage Area, and numbered 338/80,000, and dated July 2007. The map shall be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity.

2085.

Management plan

(a)

Requirements

The management plan for the National Heritage Area shall—

(1)

describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;

(2)

include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(3)

specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;

(4)

include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;

(5)

recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(6)

describe a program for implementation for the management plan, including—

(A)

performance goals;

(B)

plans for resource protection, enhancement, interpretation, funding, management, and development; and

(C)

specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal, or local government agency, organization, business, or individual;

(7)

include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and

(8)

include a business plan that—

(A)

describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and

(B)

provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.

(b)

Deadline

(1)

In general

Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.

(2)

Termination of funding

If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.

(c)

Approval of management plan

(1)

Review

Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3).

(2)

Consultation

The Secretary shall consult with the Governor of each State in which the National Heritage Area is located before approving a management plan for the National Heritage Area.

(3)

Criteria for approval

In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A)

the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural, and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;

(B)

the local coordinating entity—

(i)

has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and

(ii)

provides for at least semiannual public meetings to ensure adequate implementation of the management plan;

(C)

the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(D)

the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;

(E)

the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;

(F)

the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and

(G)

the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.

(4)

Disapproval

(A)

In general

If the Secretary disapproves the management plan, the Secretary—

(i)

shall advise the local coordinating entity in writing of the reasons for the disapproval; and

(ii)

may make recommendations to the local coordinating entity for revisions to the management plan.

(B)

Deadline

Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.

(5)

Amendments

(A)

In general

An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.

(B)

Implementation

The local coordinating entity shall not use Federal funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment.

(6)

Authorities

The Secretary may—

(A)

provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; and

(B)

enter into cooperative agreements with interested parties to carry out this subtitle.

2086.

Evaluation; report

(a)

In general

Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle, the Secretary shall—

(1)

conduct an evaluation of the accomplishments of the National Heritage Area; and

(2)

prepare a report in accordance with subsection (c).

(b)

Evaluation

An evaluation conducted under subsection (a)(1) shall—

(1)

assess the progress of the local coordinating entity with respect to—

(A)

accomplishing the purposes of the authorizing legislation for the National Heritage Area; and

(B)

achieving the goals and objectives of the approved management plan for the National Heritage Area;

(2)

analyze the Federal, State, Tribal, and local, and private investments in the National Heritage Area to determine the impact of the investments; and

(3)

review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.

(c)

Report

Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.

2087.

Local coordinating entity

(a)

Duties

To further the purposes of the National Heritage Area, the Looking for Lincoln Heritage Coalition, as the local coordinating entity, shall—

(1)

prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this subtitle;

(2)

submit an annual report to the secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, specifying—

(A)

the specific performance goals and accomplishments of the local coordinating entity;

(B)

the expenses and income of the local coordinating entity;

(C)

the amounts and sources of matching funds;

(D)

the amounts leveraged with Federal funds and sources of the leveraging; and

(E)

grants made to any other entities during the fiscal year;

(3)

make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; and

(4)

encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area.

(b)

Authorities

For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this subtitle to—

(1)

make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;

(2)

enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;

(3)

hire and compensate staff, including individuals with expertise in—

(A)

natural, historical, cultural, educational, scenic, and recreational resource conservation;

(B)

economic and community development; and

(C)

heritage planning;

(4)

obtain funds or services from any source, including other Federal programs;

(5)

contract for goods or services; and

(6)

support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.

(c)

Prohibition on acquisition of real property

The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest in real property.

2088.

Relationship to other Federal agencies

(a)

In general

Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law.

(b)

Consultation and coordination

The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.

(c)

Other Federal agencies

Nothing in this subtitle—

(1)

modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;

(2)

limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; or

(3)

modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

2089.

Private property and regulatory protections

Nothing in this subtitle—

(1)

abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;

(2)

requires any property owner to permit public access (including access by Federal, State, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;

(3)

alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure;

(4)

authorizes or implies the reservation or appropriation of water or water rights;

(5)

diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or

(6)

creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.

2090.

Authorization of appropriations

(a)

Authorization of Appropriations

Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.

(b)

Limitation on Total Amounts Appropriated

Not more than $15,000,000 may be appropriated to carry out this subtitle.

(c)

Cost-Sharing Requirement

The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.

2091.

Use of Federal funds from other sources

Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.

2092.

Sunset for grants and other assistance

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

F

Santa Cruz Valley National Heritage Area

2111.

Short title; table of contents

(a)

Short title

This subtitle may be cited as the Santa Cruz Valley National Heritage Area Act.

(b)

Table of contents

The table of contents of this subtitle is as follows:

Sec. 2111. Short title; table of contents.

Sec. 2112. Purposes.

Sec. 2113. Definitions.

Sec. 2114. Designation of Santa Cruz Valley National Heritage Area.

Sec. 2115. Management plan.

Sec. 2116. Evaluation; report.

Sec. 2117. Local coordinating entity.

Sec. 2118. Relationship to other Federal agencies.

Sec. 2119. Private property and regulatory protections.

Sec. 2120. Authorization of appropriations.

Sec. 2121. Use of Federal funds from other sources.

Sec. 2122. Sunset for grants and other assistance.

2112.

Purposes

The purposes of this subtitle include—

(1)

to establish the Santa Cruz Valley National Heritage Area in the State of Arizona;

(2)

to implement the recommendations of the Alternative Concepts for Commemorating Spanish Colonization study completed by the National Park Service in 1991, and the Feasibility Study for the Santa Cruz Valley National Heritage Area prepared by the Center for Desert Archaeology in July 2005;

(3)

to provide a management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the region and to conserve the region’s heritage while continuing to pursue compatible economic opportunities;

(4)

to assist communities, organizations, and citizens in the State of Arizona in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; and

(5)

to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the National Heritage Area.

2113.

Definitions

In this subtitle:

(1)

National heritage area

The term National Heritage Area means the Santa Cruz Valley National Heritage Area established in this subtitle.

(2)

Local coordinating entity

The term local coordinating entity means the Santa Cruz Valley Heritage Alliance, Inc., which is hereby designated by Congress—

(A)

to develop, in partnership with others, the management plan for the National Heritage Area; and

(B)

to act as a catalyst for the implementation of projects and programs among diverse partners in the National Heritage Area.

(3)

Management plan

The term management plan means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

2114.

Designation of Santa Cruz Valley National Heritage Area

(a)

Establishment

There is hereby established the Santa Cruz Valley National Heritage Area.

(b)

Boundaries

(1)

In general

The National Heritage Area shall consist of portions of the counties of Santa Cruz and Pima.

(2)

Map

The boundaries of the National Heritage Area shall be as generally depicted on the map titled Santa Cruz Valley National Heritage Area, and numbered _______, and dated _______. The map be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity.

2115.

Management plan

(a)

Requirements

The management plan for the National Heritage Area shall—

(1)

describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;

(2)

include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(3)

specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;

(4)

include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;

(5)

recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(6)

describe a program for implementation for the management plan, including—

(A)

performance goals;

(B)

plans for resource protection, enhancement, interpretation, funding, management, and development; and

(C)

specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal, or local government agency, organization, business, or individual;

(7)

include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and

(8)

include a business plan that—

(A)

describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and

(B)

provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.

(b)

Deadline

(1)

In general

Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.

(2)

Termination of funding

If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.

(c)

Approval of management plan

(1)

Review

Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3).

(2)

Consultation

The Secretary shall consult with the Governor of each State in which the National Heritage Area is located before approving a management plan for the National Heritage Area.

(3)

Criteria for approval

In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A)

the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;

(B)

the local coordinating entity—

(i)

has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and

(ii)

provides for at least semiannual public meetings to ensure adequate implementation of the management plan;

(C)

the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;

(D)

the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;

(E)

the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;

(F)

the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and

(G)

the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.

(4)

Disapproval

(A)

In general

If the Secretary disapproves the management plan, the Secretary—

(i)

shall advise the local coordinating entity in writing of the reasons for the disapproval; and

(ii)

may make recommendations to the local coordinating entity for revisions to the management plan.

(B)

Deadline

Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.

(5)

Amendments

(A)

In general

An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.

(B)

Implementation

The local coordinating entity shall not use Federal funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment.

(6)

Authorities

The Secretary may—

(A)

provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; and

(B)

enter into cooperative agreements with interested parties to carry out this subtitle.

2116.

Evaluation; report

(a)

In general

Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle, the Secretary shall—

(1)

conduct an evaluation of the accomplishments of the National Heritage Area; and

(2)

prepare a report in accordance with subsection (c).

(b)

Evaluation

An evaluation conducted under subsection (a)(1) shall—

(1)

assess the progress of the local coordinating entity with respect to—

(A)

accomplishing the purposes of the authorizing legislation for the National Heritage Area; and

(B)

achieving the goals and objectives of the approved management plan for the National Heritage Area;

(2)

analyze the Federal, State, Tribal, and local, and private investments in the National Heritage Area to determine the impact of the investments; and

(3)

review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.

(c)

Report

Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.

2117.

Local coordinating entity

(a)

Duties

To further the purposes of the National Heritage Area, the Santa Cruz Valley Heritage Alliance, Inc., as the local coordinating entity, shall—

(1)

prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this subtitle;

(2)

submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, specifying—

(A)

the specific performance goals and accomplishments of the local coordinating entity;

(B)

the expenses and income of the local coordinating entity;

(C)

the amounts and sources of matching funds;

(D)

the amounts leveraged with Federal funds and sources of the leveraging; and

(E)

grants made to any other entities during the fiscal year;

(3)

make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; and

(4)

encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area.

(b)

Authorities

For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this subtitle to—

(1)

make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;

(2)

enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;

(3)

hire and compensate staff, including individuals with expertise in—

(A)

natural, historical, cultural, educational, scenic, and recreational resource conservation;

(B)

economic and community development; and

(C)

heritage planning;

(4)

obtain funds or services from any source, including other Federal programs;

(5)

contract for goods or services; and

(6)

support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.

(c)

Prohibition on acquisition of real property

The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest in real property.

2118.

Relationship to other Federal agencies

(a)

In general

Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law.

(b)

Consultation and coordination

The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.

(c)

Other Federal agencies

Nothing in this subtitle—

(1)

modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;

(2)

limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; or

(3)

modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

2119.

Private property and regulatory protections

Nothing in this subtitle—

(1)

abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;

(2)

requires any property owner to permit public access (including access by Federal, State, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;

(3)

alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure;

(4)

authorizes or implies the reservation or appropriation of water or water rights;

(5)

diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or

(6)

creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.

2120.

Authorization of appropriations

(a)

Authorization of Appropriations

Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.

(b)

Limitation on Total Amounts Appropriated

Not more than $15,000,000 may be appropriated to carry out this subtitle.

(c)

Cost-Sharing Requirement

The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.

2121.

Use of Federal funds from other sources

Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.

2122.

Sunset for grants and other assistance

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

III

Study

3001.

Study and report of proposed Northern Neck National Heritage Area

(a)

The Secretary of the Interior (hereafter referred to as the Secretary), in consultation with appropriate State historic preservation officers, State historical societies, and other appropriate organizations, shall conduct a study of the suitability and feasibility of designating the area described in subsection (d) as the Northern Neck National Heritage Area in the Commonwealth of Virginia.

(b)

Criteria

In conducting the study, the Secretary shall apply the following criteria to determine the suitability and feasibility of designating the area described in subsection (d) as a National Heritage Area:

(1)

The area—

(A)

has an assemblage of natural, historic, cultural, educational, scenic, or recreational resources that together are nationally important to the heritage of the United States;

(B)

represents distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use;

(C)

is best managed as such an assemblage through partnerships among public and private entities at the local or regional level;

(D)

reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States;

(E)

provides outstanding opportunities to conserve natural, historical, cultural, or scenic features;

(F)

provides outstanding recreational or educational opportunities; and

(G)

has resources and traditional uses that have national importance.

(2)

Residents, business interests, nonprofit organizations, and governments (including relevant Federal land management agencies) within the proposed area are involved in the planning and have demonstrated significant support through letters and other means for National Heritage Area designation and management.

(3)

The local coordinating entity responsible for preparing and implementing the management plan is identified.

(4)

The proposed local coordinating entity and units of government supporting the designation have documented their commitment to work in partnership to protect, enhance, interpret, fund, manage, and develop resources within the National Heritage Area.

(5)

The proposed local coordinating entity has developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government) in the management of the National Heritage Area.

(6)

The proposal is consistent with continued economic activity within the area.

(7)

A conceptual boundary map has been developed and is supported by the public and participating Federal agencies.

(c)

Consultation

In conducting the study, the Secretary shall consult with the managers of any Federal land within the proposed National Heritage Area and secure the concurrence of the managers with the findings of the study before making a determination for designation.

(d)

Boundaries of the Study Area

The study area referred to in subsection (a) shall be comprised of the following:

(1)

The part of Virginia between the Potomac and the Rappahannock Rivers in eastern coastal Virginia.

(2)

Westmoreland, Northumberland, Richmond, King George, and Lancaster Counties, Virginia.

(3)

Other areas that have heritage aspects that are similar to those aspects that are in the areas described in paragraphs (1) and (2) and which are adjacent to or in the vicinity of those areas.

(e)

Report

The Secretary shall

(1)

review, comment on, and determine if the study meets the criteria specified in subsection (b) for designation as a National Heritage Area;

(2)

consult with the Governor of the Commonwealth of Virginia; and

(3)

not later than 3 fiscal years after the date on which funds are first made available for this section, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions and recommendations of the study, including—

(A)

any comments received from the Governor of the Commonwealth of Virginia; and

(B)

a finding as to whether the proposed National Heritage Area meets the criteria for designation.

(f)

Disapproval

If the Secretary determines that the proposed National Heritage Area does not meet the criteria for designation, the Secretary shall include within the study submitted under subsection (e)(3) a description of the reasons for the determination.

IV

Technical Corrections and Additions

4001.

National Coal Heritage Area technical corrections

Title I of Division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333 as amended by Public Law 106–176 and Public Law 109–338) is amended—

(1)

by striking section 103(b) and inserting the following:

(b)

Boundaries

The National Coal Heritage Area shall be comprised of Lincoln County, West Virginia, and Paint Creek and Cabin Creek within Kanawah County, West Virginia, and the counties 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)

by striking section 105 and inserting the following:

105.

Eligible resources

(a)

In general

The resources eligible for the assistance under section 104 shall include—

(1)

resources in Lincoln County, West Virginia, and Paint Creek and Cabin Creek in Kanawah County, West Virginia, as determined to be appropriate by the National Coal Heritage Area Authority; and

(2)

the resources 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.

(b)

Priority

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.

;

(3)

in section 106(a)—

(A)

by striking Governor and all that follows through 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, or and inserting National Coal Heritage Area Authority or; and

(4)

in section 106(b), by inserting not before meet.

4002.

Rivers of steel national heritage area addition

Section 403(b) of title IV of Division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333) is amended by inserting Butler, after Beaver,.

4003.

South Carolina National Heritage Corridor addition

Section 604(b)(2) of title VI of Division II of the Omnibus Parks and Public Lands Management Act of 1996 is amended by adding at the end the following new subparagraphs:

(O)

Berkeley County.

(P)

Saluda County.

(Q)

The portion of Georgetown County that is not part of the Gullah/Geechee Cultural Heritage Corridor.

.

4004.

Ohio and Erie Canal National Heritage Corridor technical corrections

Title VIII of Division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333) is amended—

(1)

by striking Canal National Heritage Corridor each place it appears and inserting National Heritage Canalway;

(2)

by striking corridor each place it appears and inserting canalway, except in references to the feasibility study and management plan;

(3)

in the heading of section 808(a)(3), by striking corridor and inserting canalway;

(4)

in the title heading, by striking Canal National Heritage Corridor and inserting National Heritage Canalway;

(5)

in section 803—

(A)

by striking paragraph (2);

(B)

by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), and (6), respectively;

(C)

in paragraph (2) (as redesignated by this Act), by striking 808 and inserting 806; and

(D)

in paragraph (6) (as redesignated by this Act), by striking 807(a) and inserting 805(a);

(6)

in the heading of section 804, by striking Canal National Heritage Corridor and inserting National Heritage Canalway;

(7)

in the second sentence of section 804(b)(1), by striking 808 and inserting 806;

(8)

by striking sections 805 and 806;

(9)

by redesignating sections 807, 808, 809, 810, 811, and 812 as sections 805, 806, 807, 808, 809, and 810, respectively;

(10)

in section 805(c)(2) (as redesignated by this Act), by striking 808 and inserting 806;

(11)

in section 806 (as redesignated by this Act)—

(A)

in subsection (a)(1), by striking Committee and inserting Secretary;

(B)

in the heading of subsection (a)(1), by striking committee and inserting secretary;

(C)

in subsection (a)(3), in the first sentence of subparagraph (B), by striking Committee and inserting management entity;

(D)

in subsection (e), by striking 807(d)(1) and inserting 805(d)(1); and

(E)

in subsection (f), by striking 807(d)(1) and inserting 805(d)(1);

(12)

in section 807 (as redesignated by this Act), in subsection (c) by striking Cayohoga Valley National Recreation Area and inserting Cayohoga Valley National Park;

(13)

in section 808 (as redesignated by this Act)—

(A)

in subsection (b), by striking Committee or; and

(B)

in subsection (c), in the matter before paragraph (1), by striking Committee and inserting management entity; and

(14)

in section 809 (as redesignated by Act), by striking assistance and inserting financial assistance.

4005.

New Jersey Coastal Heritage trail route extension of authorization

Section 6 of Public Law 100–515 (16 U.S.C. 1244 note) is amended as follows:

(1)

Strike paragraph (1) of subsection (b) and insert the following new paragraph:

(1)

In general

Amounts made available under subsection (a) shall be used only for—

(A)

technical assistance;

(B)

the design and fabrication of interpretive materials, devices, and signs; and

(C)

the preparation of the strategic plan.

.

(2)

Paragraph (3) of subsection (b) is amended by inserting after subparagraph (B) a new subparagraph as follows:

(C)

Notwithstanding paragraph (3)(A), funds made available under subsection (a) for the preparation of the strategic plan shall not require a non-Federal match.

.

(3)

Subsection (c) is amended by striking 2007 and inserting 2011.

4006.

Erie Canalway National Heritage Corridor technical corrections

The Erie Canalway National Heritage Corridor Act (title VIII of Appendix D of Public Law 106–554, 114 Stat. 2763A–295) is amended—

(1)

in section 804(b)—

(A)

by striking 27 and inserting at least 21 members, but not to exceed 27;

(B)

in paragraph (2), by striking Environment and inserting Environmental;

(C)

in paragraph (3), by striking 19;

(D)

in paragraph (3)—

(i)

by striking subparagraph (A) and redesignating subsequent subparagraphs accordingly;

(ii)

in subparagraph (B) (as redesignated by clause (i)), by striking the second sentence; and

(iii)

by adding after subparagraph (B) the following new subparagraph:

(C)

The remaining members shall be based on recommendations from each member of the United States House of Representatives whose district encompasses the Corridor, each of whom shall be a resident of or employed within the district from which they shall be recommended.

;

(2)

in section 804(f), by striking Fourteen members of the Commission and inserting A majority of the seated (sworn) Commissioners;

(3)

in section 804(g), by striking 14 of its members. and inserting a majority of the seated (sworn) Commissioners.;

(4)

in section 804(h)(4), by striking staff to carry out its duties; and inserting

such staff as may be necessary to carry out its duties. Staff appointed by the Commission—

(A)

may be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service; and

(B)

may be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to the classification and General Schedule pay rates;

;

(5)

in section 804(j), by striking 10 years after the date of enactment of this title and inserting 15 years after the date of the enactment of this title;

(6)

in section 807(e), by striking duties with regard to the preparation and approval of the Canalway Plan. and inserting duties.;

(7)

in section 807, by adding at the end the following:

(f)

Operational assistance

Subject to the availability of appropriations, the Superintendent of Saratoga National Historical Park may, on request, provide to public and private organizations in the Heritage Area, including the Commission, any operational assistance that is appropriate for the purpose of supporting the implementation of the management plan.

; and

(8)

in section 810(a)(1), by inserting after the first sentence: Such sums shall remain available until expended..

V

Sense of Congress Regarding Funding

5001.

Sense of Congress Regarding Funding

It is the sense of Congress that the Federal Government should not fund a national heritage area in perpetuity.

VI

Application of Certain Laws

6001.

Application of certain State and Local Laws

All designated and future designated lands within any natural heritage area for which funding is provided under this Act shall be exclusively governed by relevant State and local laws regarding hunting, fishing, and the possession or use of a weapon, trap, or net.

Passed the House of Representatives October 24, 2007.

Lorraine C. Miller,

Clerk.