[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4492 Placed on Calendar Senate (PCS)]
Calendar No. 658
108th CONGRESS
2d Session
H. R. 4492
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2004
Received and read the first time
July 21, 2004
Read the second time and placed on the calendar
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--EXTENSIONS
SECTION 101. AUTHORIZATION AND APPROPRIATION EXTENSIONS.
Division II of the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104-333; 16 U.S.C. 461 note) is amended--
(1) in each of sections 107, 208, 408, 507, 811, and 910,
by striking ``September 30, 2012'' and inserting ``September
30, 2027'';
(2) in each of sections 108(a), 209(a), 409(a), 508(a),
812(a), and 909(c), by striking ``$10,000,000'' and inserting
``$20,000,000''; and
(3) in title VIII, by striking ``Canal National Heritage
Corridor'' each place it appears in the section headings and
text and inserting ``National Heritage Canalway''.
TITLE II--NATIONAL AVIATION HERITAGE AREA
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Aviation Heritage Area
Act''.
SEC. 202. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Few technological advances have transformed the world
or our Nation's economy, society, culture, and national
character as the development of powered flight.
(2) The industrial, cultural, and natural heritage legacies
of the aviation and aerospace industry in the State of Ohio are
nationally significant.
(3) Dayton, Ohio, and other defined areas where the
development of the airplane and aerospace technology
established our Nation's leadership in both civil and military
aeronautics and astronautics set the foundation for the 20th
Century to be an American Century.
(4) Wright-Patterson Air Force Base in Dayton, Ohio, is the
birthplace, the home, and an integral part of the future of
aerospace.
(5) The economic strength of our Nation is connected
integrally to the vitality of the aviation and aerospace
industry, which is responsible for an estimated 11,200,000
American jobs.
(6) The industrial and cultural heritage of the aviation
and aerospace industry in the State of Ohio includes the social
history and living cultural traditions of several generations.
(7) The Department of the Interior is responsible for
protecting and interpreting the Nation's cultural and historic
resources, and there are significant examples of these
resources within Ohio to merit the involvement of the Federal
Government to develop programs and projects in cooperation with
the Aviation Heritage Foundation, Incorporated, the State of
Ohio, and other local and governmental entities to adequately
conserve, protect, and interpret this heritage for the
educational and recreational benefit of this and future
generations of Americans, while providing opportunities for
education and revitalization.
(8) Since the enactment of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102-419), partnerships
among the Federal, State, and local governments and the private
sector have greatly assisted the development and preservation
of the historic aviation resources in the Miami Valley.
(9) An aviation heritage area centered in Southwest Ohio is
a suitable and feasible management option to increase
collaboration, promote heritage tourism, and build on the
established partnerships among Ohio's historic aviation
resources and related sites.
(10) A critical level of collaboration among the historic
aviation resources in Southwest Ohio cannot be achieved without
a congressionally established national heritage area and the
support of the National Park Service and other Federal agencies
which own significant historic aviation-related sites in Ohio.
(11) The Aviation Heritage Foundation, Incorporated, would
be an appropriate management entity to oversee the development
of the National Aviation Heritage Area.
(12) Five National Park Service and Dayton Aviation
Heritage Commission studies and planning documents: ``Study of
Alternatives: Dayton's Aviation Heritage'', ``Dayton Aviation
Heritage National Historical Park Suitability/Feasibility
Study'', ``Dayton Aviation Heritage General Management Plan'',
``Dayton Historic Resources Preservation and Development
Plan'', and Heritage Area Concept Study, demonstrated that
sufficient historical resources exist to establish the National
Aviation Heritage Area.
(13) With the advent of the 100th anniversary of the first
powered flight in 2003, it is recognized that the preservation
of properties nationally significant in the history of aviation
is an important goal for the future education of Americans.
(14) Local governments, the State of Ohio, and private
sector interests have embraced the heritage area concept and
desire to enter into a partnership with the Federal government
to preserve, protect, and develop the Heritage Area for public
benefit.
(15) The National Aviation Heritage Area would complement
and enhance the aviation-related resources within the National
Park Service, especially the Dayton Aviation Heritage National
Historical Park, Ohio.
(b) Purpose.--The purpose of this title is to establish the
Heritage Area to--
(1) encourage and facilitate collaboration among the
facilities, sites, organizations, governmental entities, and
educational institutions within the Heritage Area to promote
heritage tourism and to develop educational and cultural
programs for the public;
(2) preserve and interpret for the educational and
inspirational benefit of present and future generations the
unique and significant contributions to our national heritage
of certain historic and cultural lands, structures, facilities,
and sites within the National Aviation Heritage Area;
(3) encourage within the National Aviation Heritage Area a
broad range of economic opportunities enhancing the quality of
life for present and future generations;
(4) provide a management framework to assist the State of
Ohio, its political subdivisions, other areas, and private
organizations, or combinations thereof, in preparing and
implementing an integrated Management Plan to conserve their
aviation heritage and in developing policies and programs that
will preserve, enhance, and interpret the cultural, historical,
natural, recreation, and scenic resources of the Heritage Area;
and
(5) authorize the Secretary to provide financial and
technical assistance to the State of Ohio, its political
subdivisions, and private organizations, or combinations
thereof, in preparing and implementing the private Management
Plan.
SEC. 203. DEFINITIONS.
For purposes of this title:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) Financial assistance.--The term ``financial
assistance'' means funds appropriated by Congress and made
available to the management entity for the purpose of preparing
and implementing the Management Plan.
(3) Heritage area.--The term ``Heritage Area'' means the
National Aviation Heritage Area established by section 104 to
receive, distribute, and account for Federal funds appropriated
for the purpose of this title.
(4) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area developed under
section 106.
(5) Management entity.--The term ``management entity''
means the Aviation Heritage Foundation, Incorporated (a
nonprofit corporation established under the laws of the State
of Ohio).
(6) Partner.--The term ``partner'' means a Federal, State,
or local governmental entity, organization, private industry,
educational institution, or individual involved in promoting
the conservation and preservation of the cultural and natural
resources of the Heritage Area.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Technical assistance.--The term ``technical
assistance'' means any guidance, advice, help, or aid, other
than financial assistance, provided by the Secretary.
SEC. 204. NATIONAL AVIATION HERITAGE AREA.
(a) Establishment.--There is established in the States of Ohio and
Indiana, the National Aviation Heritage Area.
(b) Boundaries.--The Heritage Area shall include the following:
(1) A core area consisting of resources in Montgomery,
Greene, Warren, Miami, Clark, Champaign, Shelby, and Auglaize
Counties in Ohio.
(2) Space Museum, Wapakoneta, Ohio.
(3) Sites, buildings, and districts within the core area
recommended by the Management Plan.
(c) Map.--A map of the Heritage Area shall be included in the
Management Plan. The map shall be on file in the appropriate offices of
the National Park Service, Department of the Interior.
(d) Management Entity.--The management entity for the Heritage Area
shall be the Aviation Heritage Foundation.
SEC. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of implementing the Management Plan,
the management entity may use Federal funds made available through this
title to--
(1) make grants to, and enter into cooperative agreements
with, the State of Ohio and political subdivisions of that
State, private organizations, or any person;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The management entity shall--
(1) develop and submit to the Secretary for approval the
proposed Management Plan in accordance with section 106;
(2) give priority to implementing actions set forth in the
Management Plan, including taking steps to assist units of
government and nonprofit organizations in preserving resources
within the Heritage Area;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area in
developing and implementing the Management Plan;
(4) maintain a collaboration among the partners to promote
heritage tourism and to assist partners to develop educational
and cultural programs for the public;
(5) encourage economic viability in the Heritage Area
consistent with the goals of the Management Plan;
(6) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural
resources and sites in the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(7) conduct public meetings at least quarterly regarding
the implementation of the Management Plan;
(8) submit substantial amendments to the Management Plan to
the Secretary for the approval of the Secretary; and
(9) for any year in which Federal funds have been received
under this title--
(A) submit an annual report to the Secretary that
sets forth the accomplishments of the management entity
and its expenses and income;
(B) make available to the Secretary for audit all
records relating to the expenditure of such funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of such funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds received under this title to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this title precludes the
management entity from using Federal funds from other sources
for authorized purposes.
SEC. 206. MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than 3 years after the date of
the enactment of this title, the management entity shall submit to the
Secretary for approval a proposed Management Plan that shall take into
consideration State and local plans and involve residents, public
agencies, and private organizations in the Heritage Area.
(b) Contents.--The Management Plan shall incorporate an integrated
and cooperative approach for the protection, enhancement, and
interpretation of the natural, cultural, historic, scenic, and
recreational resources of the Heritage Area and shall include the
following:
(1) An inventory of the resources contained in the core
area of the Heritage Area, including the Dayton Aviation
Heritage Historical Park, the sites, buildings, and districts
listed in section 202 of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102-419), and any other
property in the Heritage Area that is related to the themes of
the Heritage Area and that should be preserved, restored,
managed, or maintained because of its significance.
(2) An assessment of cultural landscapes within the
Heritage Area.
(3) Provisions for the protection, interpretation, and
enjoyment of the resources of the Heritage Area consistent with
the purposes of this title.
(4) An interpretation plan for the Heritage Area.
(5) A program for implementation of the Management Plan by
the management entity, including the following:
(A) Facilitating ongoing collaboration among the
partners to promote heritage tourism and to develop
educational and cultural programs for the public.
(B) Assisting partners planning for restoration and
construction.
(C) Specific commitments of the partners for the
first 5 years of operation.
(6) The identification of sources of funding for
implementing the plan.
(7) A description and evaluation of the management entity,
including its membership and organizational structure.
(c) Disqualification From Funding.--If a proposed Management Plan
is not submitted to the Secretary within 3 years of the date of the
enactment of this title, the management entity shall be ineligible to
receive additional funding under this title until the date on which the
Secretary receives the proposed Management Plan.
(d) Approval and Disapproval of Management Plan.--The Secretary, in
consultation with the State of Ohio, shall approve or disapprove the
proposed Management Plan submitted under this title not later than 90
days after receiving such proposed Management Plan.
(e) Action Following Disapproval.--If the Secretary disapproves a
proposed Management Plan, the Secretary shall advise the management
entity in writing of the reasons for the disapproval and shall make
recommendations for revisions to the proposed Management Plan. The
Secretary shall approve or disapprove a proposed revision within 90
days after the date it is submitted.
(f) Approval of Amendments.--The Secretary shall review and approve
substantial amendments to the Management Plan. Funds appropriated under
this title may not be expended to implement any changes made by such
amendment until the Secretary approves the amendment.
SEC. 207. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--Upon the request of the
management entity, the Secretary may provide technical assistance, on a
reimbursable or nonreimbursable basis, and financial assistance to the
Heritage Area to develop and implement the management plan. The
Secretary is authorized to enter into cooperative agreements with the
management entity and other public or private entities for this
purpose. In assisting the Heritage Area, the Secretary shall give
priority to actions that in general assist in--
(1) conserving the significant natural, historic, cultural,
and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(b) Duties of Other Federal Agencies.--Any Federal agency
conducting or supporting activities directly affecting the Heritage
Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this title;
(3) to the maximum extent practicable, coordinate such
activities with the carrying out of such duties; and
(4) to the maximum extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the Heritage
Area.
SEC. 208. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF
DEFENSE AND THE ADMINISTRATOR OF NASA.
The decisions concerning the execution of this title as it applies
to properties under the control of the Secretary of Defense and the
Administrator of the National Aeronautics and Space Administration
shall be made by such Secretary or such Administrator, in consultation
with the Secretary of the Interior.
SEC. 209. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
SEC. 210. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title shall be
construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
title shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this title there is authorized to be
appropriated $10,000,000, except that not more than $1,000,000 may be
appropriated to carry out this title for any fiscal year.
(b) Fifty Percent Match.--The Federal share of the cost of
activities carried out using any assistance or grant under this title
shall not exceed 50 percent.
SEC. 212. SUNSET PROVISION.
The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date that funds
are first made available for this title.
SEC. 213. STUDY REGARDING INCORPORATION OF WRIGHT COMPANY FACTORY AS A
UNIT OF DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK.
(a) Study Required.--The Secretary shall conduct a special resource
study updating the study required under section 104 of the Dayton
Aviation Heritage Preservation Act of 1992 (Public Law 102-419) and
detailing alternatives for incorporating the Wright Company factory as
a unit of Dayton Aviation Heritage National Historical Park, including
detailing management and development options and costs for each
alternative.
(b) Consultation.--In conducting the study, the Secretary shall
consult with the Delphi Corporation, the Aviation Heritage Foundation,
State and local agencies, and other interested parties in the area.
(c) Report.--Not later than three years after funds are first made
available for this section, the Secretary shall submit to the Committee
on Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report describing the
results of the study conducted under this section.
TITLE III--NATIONAL COAL HERITAGE AREA
SEC. 301. NATIONAL COAL HERITAGE AREA.
(a) National Coal Heritage Area Authority; Boundary Revision.--
Title I of division II of the Omnibus Parks and Public Lands Management
Act of 1996 (Public Law 104-333; 16 U.S.C. 461 note) is amended as
follows:
(1) In section 103(b), by inserting ``(1)'' before ``the
counties'' and by inserting the following before the period:
``; (2) Lincoln County, West Virginia; and (3) Paint Creek and
Cabin Creek in Kanawha County, West Virginia''.
(2) In section 104, by striking ``Governor'' and all that
follows through ``organizations'' in the matter preceding
paragraph (1) and inserting ``National Coal Heritage Area
Authority, a public corporation and government instrumentality
established by the State of West Virginia, pursuant to which
the Secretary shall assist the National Coal Heritage Area
Authority''.
(3) In section 105--
(A) by striking ``paragraph (2) of''; and
(B) by adding at the end the following new
sentence: ``Resources within Lincoln County, West
Virginia, and Paint Creek and Cabin Creek within
Kanawha County, West Virginia, shall also be eligible
for assistance as determined by the National Coal
Heritage Area Authority.''.
(4) In section 106(a)--
(A) by striking ``Governor'' and all that follows
through ``and Parks'' and inserting ``National Coal
Heritage Area Authority''; and
(B) in paragraph (3), by striking ``State of West
Virginia'' and all that follows through ``entities''
and inserting ``National Coal Heritage Area
Authority''.
(b) Agreement Continuing in Effect.--The contractual agreement
entered into by the Secretary of the Interior and the Governor of West
Virginia prior to the date of the enactment of this Act pursuant to
section 104 of title I of division II of the Omnibus Parks and Public
Lands Management Act of 1996 (16 U.S.C. 461 note) shall be deemed as
continuing in effect, except that such agreement shall be between the
Secretary and the National Coal Heritage Area Authority.
TITLE IV--COASTAL HERITAGE TRAIL ROUTE IN NEW JERSEY
SEC. 401. REAUTHORIZATION OF APPROPRIATIONS FOR COASTAL HERITAGE TRAIL
ROUTE IN NEW JERSEY.
(a) Reauthorization.--Section 6 of Public Law 100-515 (16 U.S.C.
1244 note) is amended--
(1) in subsection (b)(1), by striking ``$4,000,000'' and
all that follows and inserting ``such sums as may be
necessary.''; and
(2) in subsection (c), by striking ``10'' and inserting
``12''.
(b) Strategic Plan.--
(1) In general.--The Secretary of the Interior shall, by
not later than 2 years after the date of the enactment of this
Act, prepare a strategic plan for the New Jersey Coastal
Heritage Trail Route.
(2) Contents.--The strategic plan shall describe--
(A) opportunities to increase participation by
national and local private and public interests in
planning, development, and administration of the New
Jersey Coastal Heritage Trail Route; and
(B) organizational options for sustaining the New
Jersey Coastal Heritage Trail Route.
TITLE V--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR
SEC. 501. SHORT TITLE.
This title may be cited as the ``Illinois and Michigan Canal
National Heritage Corridor Act Amendments of 2004''.
SEC. 502. TRANSITION AND PROVISIONS FOR NEW MANAGEMENT ENTITY.
The Illinois and Michigan Canal National Heritage Corridor Act of
1984 (Public Law 98-398; 16 U.S.C. 461 note) is amended as follows:
(1) In section 103--
(A) in paragraph (8), by striking ``and'';
(B) in paragraph (9), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(10) the term `Association' means the Canal Corridor
Association (an organization described under section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code).''.
(2) By adding at the end of section 112 the following new
paragraph:
``(7) The Secretary shall enter into a memorandum of
understanding with the Association to help ensure appropriate
transition of the management entity to the Association and
coordination with the Association regarding that role.''.
(3) By adding at the end the following new sections:
``SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY.
``Upon the termination of the Commission, the management entity for
the corridor shall be the Association.
``SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION.
``For purposes of preparing and implementing the management plan
developed under section 121, the Association may use Federal funds made
available under this title--
``(1) to make loans and grants to, and enter into
cooperative agreements with, States and their political
subdivisions, private organizations, or any person;
``(2) to hire, train, and compensate staff; and
``(3) to enter into contracts for goods and services.
``SEC. 121. DUTIES OF THE ASSOCIATION.
``The Association shall--
``(1) develop and submit to the Secretary for approval
under section 123 a proposed management plan for the corridor
not later than 2 years after Federal funds are made available
for this purpose;
``(2) give priority to implementing actions set forth in
the management plan, including taking steps to assist units of
local government, regional planning organizations, and other
organizations--
``(A) in preserving the corridor;
``(B) in establishing and maintaining interpretive
exhibits in the corridor;
``(C) in developing recreational resources in the
corridor;
``(D) in increasing public awareness of and
appreciation for the natural, historical, and
architectural resources and sites in the corridor; and
``(E) in facilitating the restoration of any
historic building relating to the themes of the
corridor;
``(3) encourage by appropriate means economic viability in
the corridor consistent with the goals of the management plan;
``(4) consider the interests of diverse governmental,
business, and other groups within the corridor;
``(5) conduct public meetings at least quarterly regarding
the implementation of the management plan;
``(6) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary;
``(7) for any year in which Federal funds have been
received under this title--
``(A) submit an annual report to the Secretary
setting forth the Association's accomplishments,
expenses and income, and the identity of each entity to
which any loans and grants were made during the year
for which the report is made;
``(B) make available for audit all records
pertaining to the expenditure of such funds and any
matching funds; and
``(C) require, for all agreements authorizing
expenditure of Federal funds by other organizations,
that the receiving organizations make available for
audit all records pertaining to the expenditure of such
funds.
``SEC. 122. USE OF FEDERAL FUNDS.
``(1) In general.--The Association shall not use Federal
funds received under this title to acquire real property or an
interest in real property.
``(2) Other sources.--Nothing in this title precludes the
Association from using Federal funds from other sources for
authorized purposes.
``SEC. 123. MANAGEMENT PLAN.
``(a) Preparation of Management Plan.--Not later than 2 years after
the date that Federal funds are made available for this purpose, the
Association shall submit to the Secretary for approval a proposed
management plan that shall--
``(1) take into consideration State and local plans and
involve residents, local governments and public agencies, and
private organizations in the corridor;
``(2) present comprehensive recommendations for the
corridor's conservation, funding, management, and development;
``(3) include actions proposed to be undertaken by units of
government and nongovernmental and private organizations to
protect the resources of the corridor;
``(4) specify the existing and potential sources of funding
to protect, manage, and develop the corridor; and
``(5) include the following:
``(A) Identification of the geographic boundaries
of the corridor.
``(B) A brief description and map of the corridor's
overall concept or vision that show key sites, visitor
facilities and attractions, and physical linkages.
``(C) Identification of overall goals and the
strategies and tasks intended to reach them, and a
realistic schedule for completing the tasks.
``(D) A listing of the key resources and themes of
the corridor.
``(E) Identification of parties proposed to be
responsible for carrying out the tasks.
``(F) A financial plan and other information on
costs and sources of funds.
``(G) A description of the public participation
process used in developing the plan and a proposal for
public participation in the implementation of the
management plan.
``(H) A mechanism and schedule for updating the
plan based on actual progress.
``(I) A bibliography of documents used to develop
the management plan.
``(J) A discussion of any other relevant issues
relating to the management plan.
``(b) Disqualification From Funding.--If a proposed management plan
is not submitted to the Secretary within 2 years after the date that
Federal funds are made available for this purpose, the Association
shall be ineligible to receive additional funds under this title until
the Secretary receives a proposed management plan from the Association.
``(c) Approval of Management Plan.--The Secretary shall approve or
disapprove a proposed management plan submitted under this title not
later than 180 days after receiving such proposed management plan. If
action is not taken by the Secretary within the time period specified
in the preceding sentence, the management plan shall be deemed
approved. The Secretary shall consult with the local entities
representing the diverse interests of the corridor including
governments, natural and historic resource protection organizations,
educational institutions, businesses, recreational organizations,
community residents, and private property owners prior to approving the
management plan. The Association shall conduct semi-annual public
meetings, workshops, and hearings to provide adequate opportunity for
the public and local and governmental entities to review and to aid in
the preparation and implementation of the management plan.
``(d) Effect of Approval.--Upon the approval of the management plan
as provided in subsection (c), the management plan shall supersede the
conceptual plan contained in the National Park Service report.
``(e) Action Following Disapproval.--If the Secretary disapproves a
proposed management plan within the time period specified in subsection
(c), the Secretary shall advise the Association in writing of the
reasons for the disapproval and shall make recommendations for
revisions to the proposed management plan.
``(f) Approval of Amendments.--The Secretary shall review and
approve all substantial amendments (including any increase of more than
20 percent in the cost estimates for implementation) to the management
plan. Funds made available under this title may not be expended to
implement any changes made by a substantial amendment until the
Secretary approves that substantial amendment.
``SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
``(a) Technical and Financial Assistance.--Upon the request of the
Association, the Secretary may provide technical assistance, on a
reimbursable or nonreimbursable basis, and financial assistance to the
Association to develop and implement the management plan. The Secretary
is authorized to enter into cooperative agreements with the Association
and other public or private entities for this purpose. In assisting the
Association, the Secretary shall give priority to actions that in
general assist in--
``(1) conserving the significant natural, historic,
cultural, and scenic resources of the corridor; and
``(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the corridor.
``(b) Duties of Other Federal Agencies.--Any Federal agency
conducting or supporting activities directly affecting the corridor
shall--
``(1) consult with the Secretary and the Association with
respect to such activities;
``(2) cooperate with the Secretary and the Association in
carrying out their duties under this title;
``(3) to the maximum extent practicable, coordinate such
activities with the carrying out of such duties; and
``(4) to the maximum extent practicable, conduct or support
such activities in a manner which the Association determines is
not likely to have an adverse effect on the corridor.
``SEC. 125. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--To carry out this title there is authorized to
be appropriated $10,000,000, except that not more than $1,000,000 may
be appropriated to carry out this title for any fiscal year.
``(b) 50 Percent Match.--The Federal share of the cost of
activities carried out using any assistance or grant under this title
shall not exceed 50 percent of that cost.
``SEC. 126. SUNSET.
``The authority of the Secretary to provide assistance under this
title terminates on September 30, 2027.''.
SEC. 503. PRIVATE PROPERTY PROTECTION.
The Illinois and Michigan Canal National Heritage Corridor Act of
1984 is further amended by adding after section 126 (as added by
section 502 of this title) the following new sections:
``SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
``(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the corridor until the owner of that private
property has been notified in writing by the Association and has given
written consent for such preservation, conservation, or promotion to
the Association.
``(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the corridor, and not notified under subsection
(a), shall have their property immediately removed from the boundary of
the corridor by submitting a written request to the Association.
``SEC. 128. PRIVATE PROPERTY PROTECTION.
``(a) Access to Private Property.--Nothing in this title shall be
construed to--
``(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
``(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
``(b) Liability.--Designation of the corridor shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
``(c) Recognition of Authority to Control Land Use.--Nothing in
this title shall be construed to modify the authority of Federal,
State, or local governments to regulate land use.
``(d) Participation of Private Property Owners in Corridor.--
Nothing in this title shall be construed to require the owner of any
private property located within the boundaries of the corridor to
participate in or be associated with the corridor.
``(e) Effect of Establishment.--The boundaries designated for the
corridor represent the area within which Federal funds appropriated for
the purpose of this title may be expended. The establishment of the
corridor and its boundaries shall not be construed to provide any
nonexisting regulatory authority on land use within the corridor or its
viewshed by the Secretary, the National Park Service, or the
Association.''.
SEC. 504. TECHNICAL AMENDMENTS.
Section 116 of Illinois and Michigan Canal National Heritage
Corridor Act of 1984 is amended--
(1) by striking subsection (b); and
(2) in subsection (a)--
(A) by striking ``(a)'' and all that follows
through ``For each'' and inserting ``(a) For each'';
(B) by striking ``Commission'' and inserting
``Association'';
(C) by striking ``Commission's'' and inserting
``Association's'';
(D) by redesignating paragraph (2) as subsection
(b); and
(E) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
TITLE VI--OIL REGION NATIONAL HERITAGE AREA
SEC. 601. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Oil Region
National Heritage Area Act''.
(b) Definitions.--For the purposes of this title, the following
definitions shall apply:
(1) Heritage area.--The term ``Heritage Area'' means the
Oil Region National Heritage Area established in section
603(a).
(2) Management entity.--The term ``management entity''
means the Oil Heritage Region, Inc., or its successor entity.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 602. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Oil Region of Northwestern Pennsylvania, with
numerous sites and districts listed on the National Register of
Historic Places, and designated by the Governor of Pennsylvania
as one of the State Heritage Park Areas, is a region with
tremendous physical and natural resources and possesses a story
of State, national, and international significance.
(2) The single event of Colonel Edwin Drake's drilling of
the world's first successful oil well in 1859 has affected the
industrial, natural, social, and political structures of the
modern world.
(3) Six national historic districts are located within the
State Heritage Park boundary, in Emlenton, Franklin, Oil City,
and Titusville, as well as 17 separate National Register sites.
(4) The Allegheny River, which was designated as a
component of the national wild and scenic rivers system in 1992
by Public Law 102-271, traverses the Oil Region and connects
several of its major sites, as do some of the river's
tributaries such as Oil Creek, French Creek, and Sandy Creek.
(5) The unspoiled rural character of the Oil Region
provides many natural and recreational resources, scenic
vistas, and excellent water quality for people throughout the
United States to enjoy.
(6) Remnants of the oil industry, visible on the landscape
to this day, provide a direct link to the past for visitors, as
do the historic valley settlements, riverbed settlements,
plateau developments, farmlands, and industrial landscapes.
(7) The Oil Region also represents a cross section of
American history associated with Native Americans, frontier
settlements, the French and Indian War, African Americans and
the Underground Railroad, and immigration of Swedish and Polish
individuals, among others.
(8) Involvement by the Federal Government shall serve to
enhance the efforts of the Commonwealth of Pennsylvania, local
subdivisions of the Commonwealth of Pennsylvania, volunteer
organizations, and private businesses, to promote the cultural,
national, and recreational resources of the region in order to
fulfill their full potential.
(b) Purpose.--The purpose of this title is to enhance a cooperative
management framework to assist the Commonwealth of Pennsylvania, its
units of local government, and area citizens in conserving, enhancing,
and interpreting the significant features of the lands, water, and
structures of the Oil Region, in a manner consistent with compatible
economic development for the benefit and inspiration of present and
future generations in the Commonwealth of Pennsylvania and the United
States.
SEC. 603. OIL REGION NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Oil Region
National Heritage Area.
(b) Boundaries.--The boundaries of the Heritage Area shall include
all of those lands depicted on a map entitled ``Oil Region National
Heritage Area'', numbered OIRE/20,000 and dated October, 2000. The map
shall be on file in the appropriate offices of the National Park
Service. The Secretary of the Interior shall publish in the Federal
Register, as soon as practical after the date of the enactment of this
Act, a detailed description and map of the boundaries established under
this subsection.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Oil Heritage Region, Inc., the locally based private,
nonprofit management corporation which shall oversee the development of
a management plan in accordance with section 605(b).
SEC. 604. COMPACT.
To carry out the purposes of this title, the Secretary shall enter
into a compact with the management entity. The compact shall include
information relating to the objectives and management of the area,
including a discussion of the goals and objectives of the Heritage
Area, including an explanation of the proposed approach to conservation
and interpretation and a general outline of the protection measures
committed to by the Secretary and management entity.
SEC. 605. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management entity
may use funds made available under this title for purposes of
preparing, updating, and implementing the management plan developed
under subsection (b). Such purposes may include--
(1) making grants to, and entering into cooperative
agreements with, States and their political subdivisions,
private organizations, or any other person;
(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the purposes of
the Heritage Area.
(b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that--
(1) presents comprehensive strategies and recommendations
for conservation, funding, management, and development of the
Heritage Area;
(2) takes into consideration existing State, county, and
local plans and involves residents, public agencies, and
private organizations working in the Heritage Area;
(3) includes a description of actions that units of
government and private organizations have agreed to take to
protect the resources of the Heritage Area;
(4) specifies the existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(5) includes an inventory of the resources contained in the
Heritage Area, including a list of any property in the Heritage
Area that is related to the themes of the Heritage Area and
that should be preserved, restored, managed, developed, or
maintained because of its natural, cultural, historic,
recreational, or scenic significance;
(6) describes a program for implementation of the
management plan by the management entity, including plans for
restoration and construction, and specific commitments for that
implementation that have been made by the management entity and
any other persons for the first 5 years of implementation;
(7) lists any revisions to the boundaries of the Heritage
Area proposed by the management entity and requested by the
affected local government; and
(8) includes an interpretation plan for the Heritage Area.
(c) Deadline; Termination of Funding.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary within 2 years after the funds
are made available for this title.
(2) Termination of funding.--If a management plan is not
submitted to the Secretary in accordance with this subsection,
the management entity shall not qualify for Federal assistance
under this title.
(d) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions set forth in the
compact and management plan;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the natural, historical, and architectural
resources and sites in the Heritage Area;
(D) the restoration of any historic building
relating to the themes of the Heritage Area;
(E) ensuring that clear signs identifying access
points and sites of interest are put in place
throughout the Heritage Area; and
(F) carrying out other actions that the management
entity determines to be advisable to fulfill the
purposes of this title;
(3) encourage by appropriate means economic viability in
the Heritage Area consistent with the goals of the management
plan;
(4) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area; and
(5) for any year in which Federal funds have been provided
to implement the management plan under subsection (b)--
(A) conduct public meetings at least annually
regarding the implementation of the management plan;
(B) submit an annual report to the Secretary
setting forth accomplishments, expenses and income, and
each person to which any grant was made by the
management entity in the year for which the report is
made; and
(C) require, for all agreements entered into by the
management entity authorizing expenditure of Federal
funds by any other person, that the person making the
expenditure make available to the management entity for
audit all records pertaining to the expenditure of such
funds.
(e) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this title
to acquire real property or an interest in real property.
SEC. 606. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--
(A) Overall assistance.--The Secretary may, upon
the request of the management entity, and subject to
the availability of appropriations, provide technical
and financial assistance to the management entity to
carry out its duties under this title, including
updating and implementing a management plan that is
submitted under section 605(b) and approved by the
Secretary and, prior to such approval, providing
assistance for initiatives.
(B) Other assistance.--If the Secretary has the
resources available to provide technical assistance to
the management entity to carry out its duties under
this title (including updating and implementing a
management plan that is submitted under section 605(b)
and approved by the Secretary and, prior to such
approval, providing assistance for initiatives), upon
the request of the management entity the Secretary
shall provide such assistance on a reimbursable basis.
This subparagraph does not preclude the Secretary from
providing nonreimbursable assistance under subparagraph
(A).
(2) Priority.--In assisting the management entity, the
Secretary shall give priority to actions that assist in the--
(A) implementation of the management plan;
(B) provision of educational assistance and advice
regarding land and water management techniques to
conserve the significant natural resources of the
region;
(C) development and application of techniques
promoting the preservation of cultural and historic
properties;
(D) preservation, restoration, and reuse of
publicly and privately owned historic buildings;
(E) design and fabrication of a wide range of
interpretive materials based on the management plan,
including guide brochures, visitor displays, audio-
visual and interactive exhibits, and educational
curriculum materials for public education; and
(F) implementation of initiatives prior to approval
of the management plan.
(3) Documentation of structures.--The Secretary, acting
through the Historic American Building Survey and the Historic
American Engineering Record, shall conduct studies necessary to
document the industrial, engineering, building, and
architectural history of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--The Secretary,
in consultation with the Governor of Pennsylvania, shall approve or
disapprove a management plan submitted under this title not later than
90 days after receiving such plan. In approving the plan, the Secretary
shall take into consideration the following criteria:
(1) The extent to which the management plan adequately
preserves and protects the natural, cultural, and historical
resources of the Heritage Area.
(2) The level of public participation in the development of
the management plan.
(3) The extent to which the board of directors of the
management entity is representative of the local government and
a wide range of interested organizations and citizens.
(c) Action Following Disapproval.--If the Secretary disapproves a
management plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval and shall make
recommendations for revisions in the management plan. The Secretary
shall approve or disapprove a proposed revision within 90 days after
the date it is submitted.
(d) Approving Changes.--The Secretary shall review and approve
amendments to the management plan under section 605(b) that make
substantial changes. Funds appropriated under this title may not be
expended to implement such changes until the Secretary approves the
amendments.
(e) Effect of Inaction.--If the Secretary does not approve or
disapprove a management plan, revision, or change within 90 days after
it is submitted to the Secretary, then such management plan, revision,
or change shall be deemed to have been approved by the Secretary.
SEC. 607. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities directly
affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this title and, to the
maximum extent practicable, coordinate such activities with the
carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner that the management entity
determines shall not have an adverse effect on the Heritage
Area.
SEC. 608. SUNSET.
The Secretary may not make any grant or provide any assistance
under this title after the expiration of the 15-year period beginning
on the date that funds are first made available for this title.
SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
SEC. 610. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title shall be
construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
title shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.
SEC. 611. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this title shall preclude the management entity from
using Federal funds available under Acts other than this title for the
purposes for which those funds were authorized.
SEC. 612. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title--
(1) not more than $1,000,000 for any fiscal year; and
(2) not more than a total of $10,000,000.
(b) 50 Percent Match.--Financial assistance provided under this
title may not be used to pay more than 50 percent of the total cost of
any activity carried out with that assistance.
Passed the House of Representatives July 19, 2004.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 658
108th CONGRESS
2d Session
H. R. 4492
_______________________________________________________________________
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.
_______________________________________________________________________
July 21, 2004
Read the second time and placed on the calendar