[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 211 Engrossed Amendment House (EAH)]
2d Session
S. 211
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.,
October 7, (legislative day, October 6) 2004.
Resolved, That the bill from the Senate (S. 211) entitled ``An Act to
establish the Northern Rio Grande National Heritage Area in the State of New
Mexico, and for other purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE I--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA
SECTION 101. SHORT TITLE.
This Act may be cited as the ``Northern Rio Grande National
Heritage Area Act''.
SEC. 102. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) northern New Mexico encompasses a mosaic of cultures
and history, including eight Pueblos and the descendants of
Spanish ancestors who settled in the area in 1598;
(2) the combination of cultures, languages, folk arts,
customs, and architecture make northern New Mexico unique;
(3) the area includes spectacular natural, scenic, and
recreational resources;
(4) there is broad support from local governments and
interested individuals to establish a National Heritage Area to
coordinate and assist in the preservation and interpretation of
these resources;
(5) in 1991, the National Park Service study Alternative
Concepts for Commemorating Spanish Colonization identified
several alternatives consistent with the establishment of a
National Heritage Area, including conducting a comprehensive
archaeological and historical research program, coordinating a
comprehensive interpretation program, and interpreting a
cultural heritage scene; and
(6) establishment of a National Heritage Area in northern
New Mexico would assist local communities and residents in
preserving these unique cultural, historical and natural
resources.
SEC. 103. DEFINITIONS.
As used in this Act--
(1) the term ``heritage area'' means the Northern Rio
Grande Heritage Area; and
(2) the term ``Secretary'' means the Secretary of the
Interior.
SEC. 104. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Northern Rio
Grande National Heritage Area in the State of New Mexico.
(b) Boundaries.--The heritage area shall include the counties of
Santa Fe, Rio Arriba, and Taos.
(c) Management Entity.--
(1) The Northern Rio Grande National Heritage Area, Inc., a
non-profit corporation chartered in the State of New Mexico,
shall serve as the management entity for the heritage area.
(2) The Board of Directors for the management entity shall
include representatives of the State of New Mexico, the
counties of Santa Fe, Rio Arriba and Taos, tribes and pueblos
within the heritage area, the cities of Santa Fe, Espanola and
Taos, and members of the general public. The total number of
Board members and the number of Directors representing State,
local and tribal governments and interested communities shall
be established to ensure that all parties have appropriate
representation on the Board.
SEC. 105. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Management Plan.--
(1) Not later than 3 years after the date of enactment of
this Act, the management entity shall develop and forward to
the Secretary a management plan for the heritage area.
(2) The management entity shall develop and implement the
management plan in cooperation with affected communities,
tribal and local governments and shall provide for public
involvement in the development and implementation of the
management plan.
(3) The management plan shall, at a minimum--
(A) provide recommendations for the conservation,
funding, management, and development of the resources
of the heritage area;
(B) identify sources of funding;
(C) include an inventory of the cultural,
historical, archaeological, natural, and recreational
resources of the heritage area;
(D) provide recommendations for educational and
interpretive programs to inform the public about the
resources of the heritage area; and
(E) include an analysis of ways in which local,
State, Federal, and tribal programs may best be
coordinated to promote the purposes of this Act.
(4) If the management entity fails to submit a management
plan to the secretary as provided in paragraph (1), the
heritage area shall no longer be eligible to receive Federal
funding under this Act until such time as a plan is submitted
to the Secretary.
(5) The Secretary shall approve or disapprove the
management plan within 90 days after the date of submission. If
the Secretary disapproves the management plan, the Secretary
shall advise the management entity in writing of the reasons
therefore and shall make recommendations for revisions to the
plan.
(6) The management entity shall periodically review the
management plan and submit to the Secretary any recommendations
for proposed revisions to the management plan. Any major
revisions to the management plan must be approved by the
Secretary.
(b) Authority.--The management entity may make grants and provide
technical assistance to tribal and local governments, and other public
and private entities to carry out the management plan.
(c) Duties.--The management entity shall--
(1) give priority in implementing actions set forth in the
management plan;
(2) encourage by appropriate means economic viability in
the heritage area consistent with the goals of the management
plan; and
(3) assist local and tribal governments and non-profit
organizations in--
(A) establishing and maintaining interpretive
exhibits in the heritage area;
(B) developing recreational resources in the
heritage area;
(C) increasing public awareness of, and
appreciation for, the cultural, historical,
archaeological and natural resources and sits in the
heritage area;
(D) the restoration of historic structures related
to the heritage area; and
(E) carrying out other actions that the management
entity determines appropriate to fulfill the purposes
of this Act, consistent with the management plan.
(d) Prohibition on Acquiring Real Property.--The management entity
may not use Federal funds received under this Act to acquire real
property or an interest in real property.
(e) Public Meetings.--The management entity shall hold public
meetings at least annually regarding the implementation of the
management plan.
(f) Annual Reports and Audits.--
(1) For any year in which the management entity receives
Federal funds under this Act, the management entity shall
submit an annual report to the Secretary setting forth
accomplishments, expenses and income, and each entity to which
any grant was made by the management entity.
(2) The management entity shall make available to the
Secretary for audit all records relating to the expenditure of
Federal funds and any matching funds. The management entity
shall also require, for all agreements authorizing expenditure
of Federal funds by other organizations, that the receiving
organization make available to the Secretary for audit all
records concerning the expenditure of those funds.
SEC. 106. DUTIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--The Secretary may, upon
request of the management entity, provide technical and financial
assistance to develop and implement the management plan.
(b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural,
historical, archaeological, scenic, and recreational resources
of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities consistent with the resources and
associated values of the heritage area.
SEC. 107. PRIVATE PROPERTY PROTECTIONS; SAVINGS PROVISIONS.
(a) Private Property Protection.--
(1) 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.
(2) Landowner withdrawal.--Any owner of private property
included within the boundary of the heritage area, shall have
their property immediately removed from within the boundary by
submitting a written request to the management entity.
(3) Access to private property.--Nothing in this Act shall
be construed to require any private property owner to permit
public access (including Federal, State, or local government
access) to such private property. Nothing in this Act shall be
construed to modify any provision of Federal, State, or local
law with regard to public access to or use of private lands.
(4) 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.
(5) Recognition of authority to control land use.--Nothing
in this Act shall be construed to modify any authority of
Federal, State, or local governments to regulate land use.
(6) Participation of private property owners in heritage
area.--Nothing in this Act 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.
(b) Effect of Establishment.--The boundaries designated for the
heritage area represent the area within which Federal funds
appropriated for the purpose of this Act shall 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.
(c) Tribal Lands.--Nothing in this Act shall restrict or limit a
tribe from protecting cultural or religious sites on tribal lands.
(d) Trust Responsibilities.--Nothing in this Act shall diminish the
Federal Government's trust responsibilities or government-to-government
obligations to any federally recognized Indian tribe.
SEC. 108. SUNSET.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be
authorized to be appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent.
TITLE II--NATIONAL AVIATION HERITAGE AREA
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Aviation Heritage Area
Act''.
SEC. 202. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Few technological advances have transformed the world
or our Nation's economy, society, culture, and national
character as the development of powered flight.
(2) The industrial, cultural, and natural heritage legacies
of the aviation and aerospace industry in the State of Ohio are
nationally significant.
(3) Dayton, Ohio, and other defined areas where the
development of the airplane and aerospace technology
established our Nation's leadership in both civil and military
aeronautics and astronautics set the foundation for the 20th
Century to be an American Century.
(4) Wright-Patterson Air Force Base in Dayton, Ohio, is the
birthplace, the home, and an integral part of the future of
aerospace.
(5) The economic strength of our Nation is connected
integrally to the vitality of the aviation and aerospace
industry, which is responsible for an estimated 11,200,000
American jobs.
(6) The industrial and cultural heritage of the aviation
and aerospace industry in the State of Ohio includes the social
history and living cultural traditions of several generations.
(7) The Department of the Interior is responsible for
protecting and interpreting the Nation's cultural and historic
resources, and there are significant examples of these
resources within Ohio to merit the involvement of the Federal
Government to develop programs and projects in cooperation with
the Aviation Heritage Foundation, Incorporated, the State of
Ohio, and other local and governmental entities to adequately
conserve, protect, and interpret this heritage for the
educational and recreational benefit of this and future
generations of Americans, while providing opportunities for
education and revitalization.
(8) Since the enactment of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102-419), partnerships
among the Federal, State, and local governments and the private
sector have greatly assisted the development and preservation
of the historic aviation resources in the Miami Valley.
(9) An aviation heritage area centered in Southwest Ohio is
a suitable and feasible management option to increase
collaboration, promote heritage tourism, and build on the
established partnerships among Ohio's historic aviation
resources and related sites.
(10) A critical level of collaboration among the historic
aviation resources in Southwest Ohio cannot be achieved without
a congressionally established national heritage area and the
support of the National Park Service and other Federal agencies
which own significant historic aviation-related sites in Ohio.
(11) The Aviation Heritage Foundation, Incorporated, would
be an appropriate management entity to oversee the development
of the National Aviation Heritage Area.
(12) Five National Park Service and Dayton Aviation
Heritage Commission studies and planning documents: ``Study of
Alternatives: Dayton's Aviation Heritage'', ``Dayton Aviation
Heritage National Historical Park Suitability/Feasibility
Study'', ``Dayton Aviation Heritage General Management Plan'',
``Dayton Historic Resources Preservation and Development
Plan'', and Heritage Area Concept Study, demonstrated that
sufficient historical resources exist to establish the National
Aviation Heritage Area.
(13) With the advent of the 100th anniversary of the first
powered flight in 2003, it is recognized that the preservation
of properties nationally significant in the history of aviation
is an important goal for the future education of Americans.
(14) Local governments, the State of Ohio, and private
sector interests have embraced the heritage area concept and
desire to enter into a partnership with the Federal government
to preserve, protect, and develop the Heritage Area for public
benefit.
(15) The National Aviation Heritage Area would complement
and enhance the aviation-related resources within the National
Park Service, especially the Dayton Aviation Heritage National
Historical Park, Ohio.
(b) Purpose.--The purpose of this title is to establish the
Heritage Area to--
(1) encourage and facilitate collaboration among the
facilities, sites, organizations, governmental entities, and
educational institutions within the Heritage Area to promote
heritage tourism and to develop educational and cultural
programs for the public;
(2) preserve and interpret for the educational and
inspirational benefit of present and future generations the
unique and significant contributions to our national heritage
of certain historic and cultural lands, structures, facilities,
and sites within the National Aviation Heritage Area;
(3) encourage within the National Aviation Heritage Area a
broad range of economic opportunities enhancing the quality of
life for present and future generations;
(4) provide a management framework to assist the State of
Ohio, its political subdivisions, other areas, and private
organizations, or combinations thereof, in preparing and
implementing an integrated Management Plan to conserve their
aviation heritage and in developing policies and programs that
will preserve, enhance, and interpret the cultural, historical,
natural, recreation, and scenic resources of the Heritage Area;
and
(5) authorize the Secretary to provide financial and
technical assistance to the State of Ohio, its political
subdivisions, and private organizations, or combinations
thereof, in preparing and implementing the private Management
Plan.
SEC. 203. DEFINITIONS.
For purposes of this title:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) Financial assistance.--The term ``financial
assistance'' means funds appropriated by Congress and made
available to the management entity for the purpose of preparing
and implementing the Management Plan.
(3) Heritage area.--The term ``Heritage Area'' means the
National Aviation Heritage Area established by section 104 to
receive, distribute, and account for Federal funds appropriated
for the purpose of this title.
(4) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area developed under
section 106.
(5) Management entity.--The term ``management entity''
means the Aviation Heritage Foundation, Incorporated (a
nonprofit corporation established under the laws of the State
of Ohio).
(6) Partner.--The term ``partner'' means a Federal, State,
or local governmental entity, organization, private industry,
educational institution, or individual involved in promoting
the conservation and preservation of the cultural and natural
resources of the Heritage Area.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Technical assistance.--The term ``technical
assistance'' means any guidance, advice, help, or aid, other
than financial assistance, provided by the Secretary.
SEC. 204. NATIONAL AVIATION HERITAGE AREA.
(a) Establishment.--There is established in the States of Ohio and
Indiana, the National Aviation Heritage Area.
(b) Boundaries.--The Heritage Area shall include the following:
(1) A core area consisting of resources in Montgomery,
Greene, Warren, Miami, Clark, Champaign, Shelby, and Auglaize
Counties in Ohio.
(2) The Neil Armstrong Air & Space Museum, Wapakoneta,
Ohio.
(3) Sites, buildings, and districts within the core area
recommended by the Management Plan.
(c) Map.--A map of the Heritage Area shall be included in the
Management Plan. The map shall be on file in the appropriate offices of
the National Park Service, Department of the Interior.
(d) Management Entity.--The management entity for the Heritage Area
shall be the Aviation Heritage Foundation.
SEC. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of implementing the Management Plan,
the management entity may use Federal funds made available through this
title to--
(1) make grants to, and enter into cooperative agreements
with, the State of Ohio and political subdivisions of that
State, private organizations, or any person;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The management entity shall--
(1) develop and submit to the Secretary for approval the
proposed Management Plan in accordance with section 106;
(2) give priority to implementing actions set forth in the
Management Plan, including taking steps to assist units of
government and nonprofit organizations in preserving resources
within the Heritage Area;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area in
developing and implementing the Management Plan;
(4) maintain a collaboration among the partners to promote
heritage tourism and to assist partners to develop educational
and cultural programs for the public;
(5) encourage economic viability in the Heritage Area
consistent with the goals of the Management Plan;
(6) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural
resources and sites in the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(7) conduct public meetings at least quarterly regarding
the implementation of the Management Plan;
(8) submit substantial amendments to the Management Plan to
the Secretary for the approval of the Secretary; and
(9) for any year in which Federal funds have been received
under this title--
(A) submit an annual report to the Secretary that
sets forth the accomplishments of the management entity
and its expenses and income;
(B) make available to the Secretary for audit all
records relating to the expenditure of such funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of such funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds received under this title to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this title precludes the
management entity from using Federal funds from other sources
for authorized purposes.
SEC. 206. MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than 3 years after the date of
the enactment of this title, the management entity shall submit to the
Secretary for approval a proposed Management Plan that shall take into
consideration State and local plans and involve residents, public
agencies, and private organizations in the Heritage Area.
(b) Contents.--The Management Plan shall incorporate an integrated
and cooperative approach for the protection, enhancement, and
interpretation of the natural, cultural, historic, scenic, and
recreational resources of the Heritage Area and shall include the
following:
(1) An inventory of the resources contained in the core
area of the Heritage Area, including the Dayton Aviation
Heritage Historical Park, the sites, buildings, and districts
listed in section 202 of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102-419), and any other
property in the Heritage Area that is related to the themes of
the Heritage Area and that should be preserved, restored,
managed, or maintained because of its significance.
(2) An assessment of cultural landscapes within the
Heritage Area.
(3) Provisions for the protection, interpretation, and
enjoyment of the resources of the Heritage Area consistent with
the purposes of this title.
(4) An interpretation plan for the Heritage Area.
(5) A program for implementation of the Management Plan by
the management entity, including the following:
(A) Facilitating ongoing collaboration among the
partners to promote heritage tourism and to develop
educational and cultural programs for the public.
(B) Assisting partners planning for restoration and
construction.
(C) Specific commitments of the partners for the
first 5 years of operation.
(6) The identification of sources of funding for
implementing the plan.
(7) A description and evaluation of the management entity,
including its membership and organizational structure.
(c) Disqualification From Funding.--If a proposed Management Plan
is not submitted to the Secretary within 3 years of the date of the
enactment of this title, the management entity shall be ineligible to
receive additional funding under this title until the date on which the
Secretary receives the proposed Management Plan.
(d) Approval and Disapproval of Management Plan.--The Secretary, in
consultation with the State of Ohio, shall approve or disapprove the
proposed Management Plan submitted under this title not later than 90
days after receiving such proposed Management Plan.
(e) Action Following Disapproval.--If the Secretary disapproves a
proposed Management Plan, the Secretary shall advise the management
entity in writing of the reasons for the disapproval and shall make
recommendations for revisions to the proposed Management Plan. The
Secretary shall approve or disapprove a proposed revision within 90
days after the date it is submitted.
(f) Approval of Amendments.--The Secretary shall review and approve
substantial amendments to the Management Plan. Funds appropriated under
this title may not be expended to implement any changes made by such
amendment until the Secretary approves the amendment.
SEC. 207. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--Upon the request of the
management entity, the Secretary may provide technical assistance, on a
reimbursable or nonreimbursable basis, and financial assistance to the
Heritage Area to develop and implement the management plan. The
Secretary is authorized to enter into cooperative agreements with the
management entity and other public or private entities for this
purpose. In assisting the Heritage Area, the Secretary shall give
priority to actions that in general assist in--
(1) conserving the significant natural, historic, cultural,
and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(b) Duties of Other Federal Agencies.--Any Federal agency
conducting or supporting activities directly affecting the Heritage
Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this title;
(3) to the maximum extent practicable, coordinate such
activities with the carrying out of such duties; and
(4) to the maximum extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the Heritage
Area.
SEC. 208. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF
DEFENSE AND THE ADMINISTRATOR OF NASA.
The decisions concerning the execution of this title as it applies
to properties under the control of the Secretary of Defense and the
Administrator of the National Aeronautics and Space Administration
shall be made by such Secretary or such Administrator, in consultation
with the Secretary of the Interior.
SEC. 209. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
SEC. 210. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title shall be
construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
title shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this title there is authorized to be
appropriated $10,000,000, except that not more than $1,000,000 may be
appropriated to carry out this title for any fiscal year.
(b) Fifty Percent Match.--The Federal share of the cost of
activities carried out using any assistance or grant under this title
shall not exceed 50 percent.
SEC. 212. SUNSET PROVISION.
The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date that funds
are first made available for this title.
TITLE III--WRIGHT COMPANY FACTORY STUDY
SEC. 301. STUDY AND REPORT.
(a) Study.--
(1) In general.--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.
(2) Contents.--The study shall include an analysis of
alternatives for including the Wright Company factory as a unit
of Dayton Aviation Heritage National Historical Park that
detail management and development options and costs.
(3) 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.
(b) Report.--Not later than 3 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 IV--STEEL INDUSTRY NATIONAL HISTORIC SITE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Steel Industry National Historic
Site Act''.
SEC. 402. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Certain sites and structures in the Commonwealth of
Pennsylvania symbolize in physical form the heritage of the
steel industry of the United States.
(2) Certain buildings and other structures in the
Commonwealth of Pennsylvania are nationally significant
historical resources, including the United States Steel
Homestead Works, the Carrie Furnace complex, and the Hot Metal
Bridge.
(3) Despite substantial efforts for cultural preservation
and historical interpretation by the Commonwealth of
Pennsylvania and by individuals and public and private entities
in the Commonwealth, these buildings and other structures may
be lost without the assistance of the Federal Government.
(b) Purposes.--The purposes of this title are to ensure the
preservation, interpretation, visitor enjoyment, and maintenance of the
nationally significant historical and cultural sites and structures
described in subsection (a) for the benefit and inspiration of present
and future generations.
SEC. 403. STEEL INDUSTRY NATIONAL HISTORIC SITE, PENNSYLVANIA.
(a) Establishment.--The Steel Industry National Historic Site is
hereby established as a unit of the National Park System in the
Commonwealth of Pennsylvania.
(b) Description.--
(1) Inclusion of certain property.--Subject to paragraph
(2), the historic site shall consist of the following
properties, each of which relate to the former United States
Steel Homestead Works, as depicted on the map entitled ``Steel
Industry National Historic Site'', dated November 2003, and
numbered 80,000:
(A) The historic location of the Battle of
Homestead site in the borough of Munhall, Pennsylvania,
consisting of approximately 3 acres of land, including
the pumphouse and water tower and related structures,
within the property bounded by the Monongahela River,
the CSX railroad, Waterfront Drive, and the Damascus-
Marcegaglia Steel Mill.
(B) The historic location of the Carrie Furnace
complex in the boroughs of Swissvale and Rankin,
Pennsylvania, consisting of approximately 35 acres of
land, including blast furnaces 6 and 7, the ore yard,
the cast house, the blowing engine house, the AC power
house, and related structures, within the property
bounded by the proposed southwesterly right-of-way line
needed to accommodate the Mon/Fayette Expressway and
the relocated CSX railroad right-of-way, the
Monongahela River, and a property line drawn northeast
to southwest approximately 100 yards east of the AC
power house.
(C) The historic location of the Hot Metal Bridge,
consisting of the Union railroad bridge and its
approaches, spanning the Monongahela River and
connecting the mill sites in the boroughs of Rankin and
Munhall, Pennsylvania.
(2) Availability of map.--The map referred to in paragraph
(1) shall be available for public inspection in an appropriate
office of the National Park Service.
(c) Acquisition of Property.--To further the purposes of this
section, the Secretary of the Interior may acquire, only by donation,
property for inclusion in the historic site as follows:
(1) Any land or interest in land with respect to the
property identified in subsection (b)(1).
(2) Up to 10 acres of land adjacent to or in the general
proximity of the property identified in such subsection, for
the development of visitor, administrative, museum, curatorial,
and maintenance facilities.
(3) Personal property associated with, and appropriate for,
the interpretation of the historic site.
(d) Private Property Protections.--Nothing in this title shall be
construed--
(1) to require any private property owner to permit public
access (including Federal, State, or local government access)
to the private property; or
(2) to modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(e) Administration.--The Secretary of the Interior shall administer
the historic site in accordance with this title and the provisions of
law generally applicable to units of the National Park System,
including the Act of August 25, 1916 (16 U.S.C. 1 et seq.), and the Act
of August 21, 1935 (16 U.S.C. 461 et seq.).
(f) Cooperative Agreements.--
(1) In general.--Until such time as the Secretary of the
Interior has acquired the property identified in subsection
(b)(1), as depicted on the map referred to in such subsection,
the Secretary may enter into a cooperative agreement with any
interested individual, public or private agency, organization,
or institution to further the purposes of the historic site.
(2) Contrary purposes.--Any payment made by the Secretary
pursuant to a cooperative agreement under this subsection shall
be subject to an agreement that conversion, use, or disposal of
the project so assisted for purposes contrary to the purpose of
the historic site, as determined by the Secretary, shall result
in a right of the United States to reimbursement of all funds
made available to such a project or the proportion of the
increased value of the project attributable to such funds as
determined at the time of such conversion, use, or disposal,
whichever is greater.
(g) Technical Assistance.--The Secretary of the Interior may
provide technical assistance to any person for--
(1) the preservation of historic structures within the
historic site; and
(2) the maintenance of the natural and cultural landscape
of the historic site.
(h) General Management Plan.--
(1) Preparation.--Not later than three years after the date
on which funds are first made available to carry out this
title, the Secretary of the Interior shall prepare a general
management plan for the historic site that will incorporate or
otherwise address substantive comments made during the
consultation required by paragraph (2).
(2) Consultation.--The Secretary shall prepare the general
management plan in consultation with--
(A) an appropriate official of each appropriate
political subdivision of the Commonwealth of
Pennsylvania that has jurisdiction over all or a
portion of the lands included in the historic site;
(B) an appropriate official of the Steel Industry
Heritage Corporation; and
(C) private property owners in the vicinity of the
historic site.
(3) Submission of plan to congress.--Upon the completion of
the general management plan, the Secretary shall submit a copy
of the plan to the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the purposes of this
title $25,000,000.
TITLE V--ST. CROIX NATIONAL HERITAGE AREA STUDY
SEC. 501. ST. CROIX NATIONAL HERITAGE AREA STUDY.
(a) Short Title.--This section may be cited as the ``St. Croix
National Heritage Area Study Act''.
(b) Study.--The Secretary of the Interior, in consultation with
appropriate State historic preservation officers, States historical
societies, and other appropriate organizations, shall conduct a study
regarding the suitability and feasibility of designating the island of
St. Croix as the St. Croix National Heritage Area. The study shall
include analysis, documentation, and determination regarding whether
the island of St. Croix--
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities and by
combining diverse and sometimes noncontiguous resources and
active communities;
(2) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(3) provides outstanding recreational and educational
opportunities;
(4) contains resources important to the identified theme or
themes of the island of St. Croix that retain a degree of
integrity capable of supporting interpretation;
(5) includes residents, business interests, nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual financial
plan that outlines the roles of all participants (including the
Federal Government), and have demonstrated support for the
concept of a national heritage area;
(6) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
national heritage area consistent with continued local and
State economic activity; and
(7) has a conceptual boundary map that is supported by the
public.
(c) Private Property.--In conducting the study required by this
section, the Secretary of the Interior shall analyze the potential
impact that designation of the area as a national heritage area is
likely to have on land within the proposed area or bordering the
proposed area that is privately owned at the time that the study is
conducted.
(d) Report.--Not later than 3 fiscal years after the date on which
funds are first made available for this section, the Secretary of the
Interior shall submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report on the findings, conclusions, and recommendations
as the Secretary deems appropriate.
TITLE VI--ARABIA MOUNTAIN NATIONAL HERITAGE AREA
SEC. 601. SHORT TITLE.
This title may be cited as the ``Arabia Mountain National Heritage
Area Act''.
SEC. 602. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Arabia Mountain area contains a variety of natural,
cultural, historical, scenic, and recreational resources that
together represent distinctive aspects of the heritage of the
United States that are worthy of recognition, conservation,
interpretation, and continuing use.
(2) The best methods for managing the resources of the
Arabia Mountain area would be through partnerships between
public and private entities that combine diverse resources and
active communities.
(3) Davidson-Arabia Mountain Nature Preserve, a 535-acre
park in DeKalb County, Georgia--
(A) protects granite outcrop ecosystems, wetland,
and pine and oak forests; and
(B) includes federally-protected plant species.
(4) Panola Mountain, a national natural landmark, located
in the 860-acre Panola Mountain State Conservation Park, is a
rare example of a pristine granite outcrop.
(5) The archaeological site at Miners Creek Preserve along
the South River contains documented evidence of early human
activity.
(6) The city of Lithonia, Georgia, and related sites of
Arabia Mountain and Stone Mountain possess sites that display
the history of granite mining as an industry and culture in
Georgia, and the impact of that industry on the United States.
(7) The community of Klondike is eligible for designation
as a National Historic District.
(8) The city of Lithonia has 2 structures listed on the
National Register of Historic Places.
(b) Purposes.--The purposes of this title are as follows:
(1) To recognize, preserve, promote, interpret, and make
available for the benefit of the public the natural, cultural,
historical, scenic, and recreational resources in the area that
includes Arabia Mountain, Panola Mountain, Miners Creek, and
other significant sites and communities.
(2) To assist the State of Georgia and the counties of
DeKalb, Rockdale, and Henry in the State in developing and
implementing an integrated cultural, historical, and land
resource management program to protect, enhance, and interpret
the significant resources within the heritage area.
SEC. 603. DEFINITIONS.
For the purposes of this title, the following definitions apply:
(1) Heritage area.--The term ``heritage area'' means the
Arabia Mountain National Heritage Area established by section
504.
(2) Management entity.--The term ``management entity''
means the Arabia Mountain Heritage Area Alliance or a successor
of the Arabia Mountain Heritage Area Alliance.
(3) Management plan.--The term ``management plan'' means
the management plan for the heritage area developed under
section 506.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Georgia.
SEC. 604. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Arabia Mountain
National Heritage Area in the State.
(b) Boundaries.--The heritage area shall consist of certain parcels
of land in the counties of DeKalb, Rockdale, and Henry in the State, as
generally depicted on the map entitled ``Arabia Mountain National
Heritage Area'', numbered AMNHA/80,000, and dated October, 2003.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Management Entity.--The Arabia Mountain Heritage Area Alliance
shall be the management entity for the heritage area.
SEC. 605. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of developing and implementing the
management plan, the management entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, political subdivisions of the State, and
private organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--
(1) Management plan.--
(A) In general.--The management entity shall
develop and submit to the Secretary the management
plan.
(B) Considerations.--In developing and implementing
the management plan, the management entity shall
consider the interests of diverse governmental,
business, and nonprofit groups within the heritage
area.
(2) Priorities.--The management entity shall give priority
to implementing actions described in the management plan,
including assisting units of government and nonprofit
organizations in preserving resources within the heritage area.
(3) Public meetings.--The management entity shall conduct
public meetings at least quarterly on the implementation of the
management plan.
(4) Annual report.--For any year in which Federal funds
have been made available under this title, the management
entity shall submit to the Secretary an annual report that
describes the following:
(A) The accomplishments of the management entity.
(B) The expenses and income of the management
entity.
(5) Audit.--The management entity shall--
(A) make available to the Secretary for audit all
records relating to the expenditure of Federal funds
and any matching funds; and
(B) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of those funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds made available 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 made available under
other Federal laws for any purpose for which the funds are
authorized to be used.
SEC. 606. MANAGEMENT PLAN.
(a) In General.--The management entity shall develop a management
plan for the heritage area that incorporates an integrated and
cooperative approach to protect, interpret, and enhance the natural,
cultural, historical, scenic, and recreational resources of the
heritage area.
(b) Basis.--The management plan shall be based on the preferred
concept in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
(c) Consideration of Other Plans and Actions.--The management plan
shall--
(1) take into consideration State and local plans; and
(2) involve residents, public agencies, and private
organizations in the heritage area.
(d) Requirements.--The management plan shall include the following:
(1) An inventory of the resources in the heritage area,
including--
(A) a list of property in the heritage area that--
(i) relates to the purposes of the heritage
area; and
(ii) should be preserved, restored,
managed, or maintained because of the
significance of the property; and
(B) an assessment of cultural landscapes within the
heritage area.
(2) Provisions for the protection, interpretation, and
enjoyment of the resources of the heritage area consistent with
the purposes of this title.
(3) An interpretation plan for the heritage area.
(4) A program for implementation of the management plan
that includes--
(A) actions to be carried out by units of
government, private organizations, and public-private
partnerships to protect the resources of the heritage
area; and
(B) the identification of existing and potential
sources of funding for implementing the plan.
(5) A description and evaluation of the management entity,
including the membership and organizational structure of the
management entity.
(e) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the management entity shall submit
the management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this title until such date as a management plan
for the heritage area is submitted to the Secretary.
(f) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (e), the Secretary,
in consultation with the State, shall approve or disapprove the
management plan.
(2) Action following disapproval.--
(A) Revision.--If the Secretary disapproves a
management plan submitted under paragraph (1), the
Secretary shall--
(i) advise the management entity in writing
of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) allow the management entity to submit
to the Secretary revisions to the management
plan.
(B) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(g) Revision of Management Plan.--
(1) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval by the Secretary, the recommendations of the
management entity for any revisions to the management
plan that the management entity considers to be
appropriate.
(2) Expenditure of funds.--No funds made available under
this title shall be used to implement any revision proposed by
the management entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 607. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--At the request of the management entity, the
Secretary may provide technical and financial assistance to the
heritage area to develop and implement the management plan.
(b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural,
historical, scenic, and recreational resources that support the
purposes of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources and associated values of the heritage area.
SEC. 608. EFFECT ON CERTAIN AUTHORITY.
(a) Occupational, Safety, Conservation, and Environmental
Regulation.--Nothing in this title--
(1) imposes an occupational, safety, conservation, or
environmental regulation on the heritage area that is more
stringent than the regulations that would be applicable to the
land described in section 504(b) but for the establishment of
the heritage area by section 504; or
(2) authorizes a Federal agency to promulgate an
occupational, safety, conservation, or environmental regulation
for the heritage area that is more stringent than the
regulations applicable to the land described in section 504(b)
as of the date of enactment of this Act, solely as a result of
the establishment of the heritage area by section 504.
(b) Land Use Regulation.--Nothing in this title--
(1) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including regulations)
in existence on the date of enactment of this Act; or
(2) grants powers of zoning or land use to the management
entity.
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. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this title $10,000,000, to remain available until expended, of
which not more than $1,000,000 may be used in any fiscal year.
(b) Federal Share.--The Federal share of the cost of any project or
activity carried out using funds made available under this title shall
not exceed 50 percent.
SEC. 612. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date that funds
are first made available for this title.
TITLE VII--UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA
SEC. 701. SHORT TITLE.
This title may be cited as the ``Upper Housatonic Valley National
Heritage Area Act''.
SEC. 702. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The upper Housatonic Valley, encompassing 29 towns in
the hilly terrain of western Massachusetts and northwestern
Connecticut, is a singular geographical and cultural region
that has made significant national contributions through its
literary, artistic, musical, and architectural achievements,
its iron, paper, and electrical equipment industries, and its
scenic beautification and environmental conservation efforts.
(2) The upper Housatonic Valley has 139 properties and
historic districts listed on the National Register of Historic
Places including--
(A) five National Historic Landmarks--
(i) Edith Wharton's home, The Mount, Lenox,
Massachusetts;
(ii) Herman Melville's home, Arrowhead,
Pittsfield, Massachusetts;
(iii) W.E.B. DuBois' Boyhood Homesite,
Great Barrington, Massachusetts;
(iv) Mission House, Stockbridge,
Massachusetts; and
(v) Crane and Company Old Stone Mill Rag
Room, Dalton, Massachusetts; and
(B) four National Natural Landmarks--
(i) Bartholomew's Cobble, Sheffield,
Massachusetts, and Salisbury, Connecticut;
(ii) Beckley Bog, Norfolk, Connecticut;
(iii) Bingham Bog, Salisbury, Connecticut;
and
(iv) Cathedral Pines, Cornwall,
Connecticut.
(3) Writers, artists, musicians, and vacationers have
visited the region for more than 150 years to enjoy its scenic
wonders, making it one of the country's leading cultural
resorts.
(4) The upper Housatonic Valley has made significant
national cultural contributions through such writers as Herman
Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B.
DuBois, artists Daniel Chester French and Norman Rockwell, and
the performing arts centers of Tanglewood, Music Mountain,
Norfolk (Connecticut) Chamber Music Festival, Jacob's Pillow,
and Shakespeare & Company.
(5) The upper Housatonic Valley is noted for its pioneering
achievements in the iron, paper, and electrical generation
industries and has cultural resources to interpret those
industries.
(6) The region became a national leader in scenic
beautification and environmental conservation efforts following
the era of industrialization and deforestation and maintains a
fabric of significant conservation areas including the
meandering Housatonic River.
(7) Important historical events related to the American
Revolution, Shays' Rebellion, and early civil rights took place
in the upper Housatonic Valley.
(8) The region had an American Indian presence going back
10,000 years and Mohicans had a formative role in contact with
Europeans during the seventeenth and eighteenth centuries.
(9) The Upper Housatonic Valley National Heritage Area has
been proposed in order to heighten appreciation of the region,
preserve its natural and historical resources, and improve the
quality of life and economy of the area.
(b) Purposes.--The purposes of this title are as follows:
(1) To establish the Upper Housatonic Valley National
Heritage Area in the State of Connecticut and the Commonwealth
of Massachusetts.
(2) To implement the national heritage area alternative as
described in the document entitled ``Upper Housatonic Valley
National Heritage Area Feasibility Study, 2003''.
(3) To provide a management framework to foster a close
working relationship with all levels of government, the private
sector, and the local communities in the upper Housatonic
Valley region to conserve the region's heritage while
continuing to pursue compatible economic opportunities.
(4) To assist communities, organizations, and citizens in
the State of Connecticut and the Commonwealth of Massachusetts
in identifying, preserving, interpreting, and developing the
historical, cultural, scenic, and natural resources of the
region for the educational and inspirational benefit of current
and future generations.
SEC. 703. DEFINITIONS.
In this title:
(1) Heritage area.--The term ``Heritage Area'' means the
Upper Housatonic Valley National Heritage Area, established in
section 604.
(2) Management entity.--The term ``Management Entity''
means the management entity for the Heritage Area designated by
section 604(d).
(3) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area specified in section
606.
(4) Map.--The term ``map'' means the map entitled
``Boundary Map Upper Housatonic Valley National Heritage
Area'', numbered P17/80,000, and dated February 2003.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Connecticut and the Commonwealth of Massachusetts.
SEC. 704. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Upper Housatonic
Valley National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of--
(1) part of the Housatonic River's watershed, which extends
60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
(2) the towns of Canaan, Colebrook, Cornwall, Kent,
Norfolk, North Canaan, Salisbury, Sharon, and Warren in
Connecticut; and
(3) the towns of Alford, Becket, Dalton, Egremont, Great
Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey,
Mount Washington, New Marlboro, Pittsfield, Richmond,
Sheffield, Stockbridge, Tyringham, Washington, and West
Stockbridge in Massachusetts.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service, Department of the Interior.
(d) Management Entity.--The Upper Housatonic Valley National
Heritage Area, Inc. shall be the management entity for the Heritage
Area.
SEC. 705. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE MANAGEMENT
ENTITY.
(a) Duties of the Management Entity.--To further the purposes of
the Heritage Area, the management entity shall--
(1) prepare and submit a management plan for the Heritage
Area to the Secretary in accordance with section 606;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect and enhance important resource
values within the Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area;
(D) increasing public awareness of and appreciation
for natural, historical, scenic, and cultural resources
of the Heritage Area;
(E) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
heritage area themes;
(F) ensuring that signs identifying points of
public access and sites of interest are posted
throughout the Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations and individuals to further
the purposes of the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(4) conduct meetings open to the public at least semi-
annually regarding the development and implementation of the
management plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the management entity receives Federal funds
under this title, setting forth its accomplishments, expenses,
and income, including grants to any other entities during the
year for which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this title, all information
pertaining to the expenditure of such funds and any matching
funds, and require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and
other information pertaining to the expenditure of such funds;
and
(7) encourage by appropriate means economic development
that is consistent with the purposes of the Heritage Area.
(b) Authorities.--The management entity may, for the purposes of
preparing and implementing the management plan for the Heritage Area,
use Federal funds made available through this title to--
(1) make grants to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions,
nonprofit organizations and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to the State of Connecticut and the
Commonwealth of Massachusetts, their subdivisions, nonprofit
organizations, and other interested parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection, and heritage programming;
(4) obtain money or services from any source including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other activity that
furthers the purposes of the Heritage Area and is consistent
with the approved management plan.
(c) Prohibitions on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this title
to acquire real property, but may use any other source of funding,
including other Federal funding outside this authority, intended for
the acquisition of real property.
SEC. 706. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Area shall--
(1) include comprehensive policies, strategies and
recommendations for conservation, funding, management and
development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the natural, historical and cultural resources of the
Heritage Area;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area in the first
5 years of implementation;
(5) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area related to the themes of the Heritage Area
that should be preserved, restored, managed, developed, or
maintained;
(6) describe a program of implementation for the management
plan including plans for resource protection, restoration,
construction, and specific commitments for implementation that
have been made by the management entity or any government,
organization, or individual for the first 5 years of
implementation; and
(7) include an interpretive plan for the Heritage Area.
(b) Deadline and Termination of Funding.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary for approval within 3 years
after funds are made available for this title.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this subsection,
the management entity shall not qualify for Federal funding
under this title until such time as the management plan is
submitted to the Secretary.
SEC. 707. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--The Secretary may, upon
the request of the management entity, provide technical assistance on a
reimbursable or non-reimbursable basis and financial assistance to the
Heritage Area to develop and implement the approved management plan.
The Secretary is authorized to enter into cooperative agreements with
the 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, historical,
cultural, and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(b) Approval and Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 90 days after receiving the
management plan.
(2) Criteria for approval.--In determining the approval of
the management plan, the Secretary shall consider whether--
(A) the management entity is representative of the
diverse interests of the Heritage Area including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
and recreational organizations;
(B) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the Heritage
Area; and
(D) the management plan is supported by the
appropriate State and local officials whose cooperation
is needed to ensure the effective implementation of the
State and local aspects of the management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise the
management entity in writing of the reasons therefore and shall
make recommendations for revisions to the management plan. The
Secretary shall approve or disapprove a proposed revision
within 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed by the Secretary and approved
in the same manner as provided for the original management
plan. The management entity shall not use Federal funds
authorized by this title to implement any amendments until the
Secretary has approved the amendments.
SEC. 708. 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 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 which the management entity
determines will not have an adverse effect on the Heritage
Area.
SEC. 709. 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. 710. 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. 711. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
purposes of this title not more than $1,000,000 for any fiscal year.
Not more than a total of $10,000,000 may be appropriated for the
Heritage Area under this title.
(b) Matching Funds.--Federal funding provided under this title may
not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this title.
SEC. 712. SUNSET.
The authority of the Secretary to provide assistance under this
title shall terminate on the day occurring 15 years after funds are
first made available for this title.
TITLE VIII--OIL REGION NATIONAL HERITAGE AREA
SEC. 801. 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
703(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. 802. 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. 803. 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 705(b).
SEC. 804. 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. 805. 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. 806. 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 705(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 705(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 705(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. 807. 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. 808. 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. 809. 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. 810. 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. 811. 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. 812. 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.
TITLE IX--WESTERN RESERVE HERITAGE AREAS STUDY
SEC. 901. SHORT TITLE.
This Act may be cited as the ``Western Reserve Heritage Areas Study
Act''.
SEC. 902. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN RESERVE,
OHIO.
(a) Findings.--The Congress finds the following:
(1) The area that encompasses the modern-day counties of
Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga,
Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in
Ohio with the rich history in what was once the Western
Reserve, has made a unique contribution to the cultural,
political and industrial development of the United States.
(2) The Western Reserve is distinctive as the land settled
by the people of Connecticut after the Revolutionary War. The
Western Reserve holds a unique mark as the original wilderness
land of the West that many settlers migrated to in order to
begin life outside of the original 13 colonies.
(3) The Western Reserve played a significant role in
providing land to the people of Connecticut whose property and
land was destroyed during the Revolution. These settlers were
descendants of the brave immigrants who came to the Americas in
the 17th century.
(4) The Western Reserve offered a new destination for those
who moved west in search of land and prosperity. The
agricultural and industrial base that began in the Western
Reserve still lives strong in these prosperous and historical
counties.
(5) The heritage of the Western Reserve remains transfixed
in the counties of Trumbull, Mahoning, Ashtabula, Portage,
Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie,
Ottawa, and Ashland in Ohio. The people of these counties are
proud of their heritage as shown through the unwavering
attempts to preserve agricultural land and the industrial
foundation that has been embedded in this region since the
establishment of the Western Reserve. Throughout these
counties, historical sites, and markers preserve the unique
traditions and customs of its original heritage.
(6) The counties that encompass the Western Reserve
continue to maintain a strong connection to its historic past
as seen through its preservation of its local heritage,
including historic homes, buildings, and centers of public
gatherings.
(7) There is a need for assistance for the preservation and
promotion of the significance of the Western Reserve as the
natural, historic and cultural heritage of the counties of
Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga,
Summit, Medina, Huron, Lorain, Erie, Ottawa and Ashland in
Ohio.
(8) The Department of the Interior is responsible for
protecting the Nation's cultural and historical resources.
There are significant examples of such resources within these
counties and what was once the Western Reserve to merit the
involvement of the Federal Government in the development of
programs and projects, in cooperation with the State of Ohio
and other local governmental entities, to adequately conserve,
protect, and interpret this heritage for future generations,
while providing opportunities for education and revitalization.
(b) Study.--
(1) In general.--The Secretary shall, in consultation with
the State of Ohio, the counties of Trumbull, Mahoning,
Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina,
Huron, Lorain, Erie, Ottawa, and Ashland, and other appropriate
organizations, carry out a study regarding the suitability and
feasibility of establishing the Western Reserve Heritage Area
in these counties in Ohio.
(2) Contents.--The study shall include analysis and
documentation regarding whether the Study Area--
(A) has an assemblage of natural, historic, and
cultural resources that together represent distinctive
aspects of American heritage worthy of recognition,
conservation, interpretation, and continuing use, and
are best managed through partnerships among public and
private entities and by combining diverse and sometimes
noncontiguous resources and active communities;
(B) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the national
story;
(C) provides outstanding opportunities to conserve
natural, historic, cultural, or scenic features;
(D) provides outstanding recreational and
educational opportunities;
(E) contains resources important to the identified
theme or themes of the Study Area that retain a degree
of integrity capable of supporting interpretation;
(F) includes residents, business interests,
nonprofit organizations, and local and State
governments that are involved in the planning, have
developed a conceptual financial plan that outlines the
roles for all participants, including the Federal
Government, and have demonstrated support for the
concept of a national heritage area;
(G) has a potential management entity to work in
partnership with residents, business interests,
nonprofit organizations, and local and State
governments to develop a national heritage area
consistent with continued local and State economic
activity;
(H) has a conceptual boundary map that is supported
by the public; and
(I) has potential or actual impact on private
property located within or abutting the Study Area.
(c) Boundaries of the Study Area.--The Study Area shall be
comprised of the counties of Trumbull, Mahoning, Ashtabula, Portage,
Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa,
and Ashland in Ohio.
TITLE X--GULLAH/GEECHEE CULTURAL HERITAGE
SEC. 1001. SHORT TITLE.
This Act may be cited as the ``Gullah/Geechee Cultural Heritage
Act''.
SEC. 1002. PURPOSES.
The purposes of this Act are to--
(1) recognize the important contributions made to American
culture and history by African-Americans known as the Gullah/
Geechee who settled in the coastal counties of South Carolina
and Georgia;
(2) assist State and local governments and public and
private entities in the South Carolina and Georgia in
interpreting the story of the Gullah/Geechee and preserving
Gullah/Geechee folklore, arts, crafts, and music; and
(3) assist in identifying and preserving sites, historical
data, artifacts, and objects associated with the Gullah/Geechee
for the benefit and education of the public.
SEC. 1003. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Commission.--The term ``Commission'' means the Gullah/
Geechee Cultural Heritage Corridor Commission established under
this Act.
(2) Heritage corridor.--The term ``Heritage Corridor''
means the Gullah/Geechee Cultural Heritage Corridor established
by this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1004. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.
(a) Establishment.--There is established the Gullah/Geechee
Cultural Heritage Corridor.
(b) Boundaries.--
(1) In general.--The Heritage Corridor shall be comprised
of those lands and waters generally depicted on a map entitled
``Gullah/Geechee Cultural Heritage Corridor'' numbered GGCHC/
80,000, and dated September 2004. The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and in an appropriate State office in
each of the States included in the Heritage Corridor. The
Secretary shall publish in the Federal Register, as soon as
practicable after the date of enactment of this Act a detailed
description and map of the boundaries established under this
subsection.
(2) Revisions.--The boundaries of the heritage corridor may
be revised if the revision is--
(A) proposed in the management plan developed for
the Heritage Corridor;
(B) approved by the Secretary in accordance with
this Act; and
(C) placed on file in accordance with paragraph
(1).
(c) Administration.--The Heritage Corridor shall be administered in
accordance with the provisions of this Act.
SEC. 1005. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as ``Gullah/Geechee Cultural Heritage Corridor Commission'' whose
purpose shall be to assist Federal, State, and local authorities in the
development and implementation of a management plan for those land and
waters specified in section 4.
(b) Membership.--The Commission shall be composed of nine members
appointed by the Secretary as follows:
(1) Four individuals nominated by the State Historic
Preservation Officer of South Carolina and two individuals
nominated by the State Historic Preservation Officer of Georgia
and appointed by the Secretary.
(2) Two individuals from South Carolina and one individual
from Georgia who are recognized experts in historic
preservation, anthropology, and folklore, appointed by the
Secretary.
(c) Terms.--Members of the Commission shall be appointed to terms
not to exceed 3 years. The Secretary may stagger the terms of the
initial appointments to the Commission in order to assure continuity of
operation. Any member of the Commission may serve after the expiration
of their term until a successor is appointed. A vacancy shall be filled
in the same manner in which the original appointment was made.
(d) Termination.--The Commission shall terminate 10 years after the
date of the enactment of this Act.
SEC. 1006. OPERATION OF THE COMMISSION.
(a) Duties of the Commission.--To further the purposes of the
Heritage Corridor, the Commission shall--
(1) prepare and submit a management plan to the Secretary
in accordance with section 7;
(2) assist units of local government and other persons in
implementing the Approved management plan by--
(A) carry out programs and projects that recognize,
protect, and enhance important resource values within
the Heritage Corridor;
(B) establishing and maintaining interpretive
exhibits and programs within the Heritage Corridor;
(C) developing recreational and educational
opportunities in the Heritage Corridor;
(D) increasing public awareness of and appreciation
for the historical, cultural, natural, and scenic
resources of the Heritage Corridor;
(E) protecting and restoring historic sites and
buildings in the Heritage Corridor that are consistent
with heritage corridor themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access
and sites of interest are posted throughout the
Heritage Corridor; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the purposes of the Heritage Corridor;
(3) consider the interests of diverse units of government,
business, organizations, and individuals in the Heritage
Corridor in the preparation and implementation of the
management plan;
(4) conduct meetings open to the public at least quarterly
regarding the development and implementation of the management
plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the Commission receives Federal funds under this
Act, setting forth its accomplishments, expenses, and income,
including grants made to any other entities during the year for
which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds, and require all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organization make available for audit all records and other
information pertaining to the expenditure of such funds; and
(7) encourage by appropriate means economic viability that
is consistent with the purposes of the Heritage Corridor.
(b) Authorities.--The Commission may, for the purposes of preparing
and implementing the management plan, use funds made available under
this Act to--
(1) make grants to, and enter into cooperative agreements
with the States of South Carolina and Georgia, political
subdivisions of those States, a nonprofit organization, or any
person;
(2) hire and compensate staff;
(3) obtain funds from any source including any that are
provided under any other Federal law or program; and
(4) contract for goods and services.
SEC. 1007. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Corridor
shall--
(1) include comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Corridor;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the historical, cultural, and natural resources of the
Heritage Corridor;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Corridor in the
first 5 years of implementation;
(5) include an inventory of the historical, cultural,
natural, resources of the Heritage Corridor related to the
themes of the Heritage Corridor that should be preserved,
restored, managed, developed, or maintained;
(6) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the Heritage Corridor's historical,
cultural, and natural resources;
(7) describe a program for implementation of the management
plan including plans for resources protection, restoration,
construction, and specific commitments for implementation that
have been made by the Commission or any government,
organization, or individual for the first 5 years of
implementation;
(8) include an analysis and recommendations for the ways in
which Federal, State, or local programs may best be coordinated
to further the purposes of this Act; and
(9) include an interpretive plan for the Heritage Corridor.
(b) Submittal of Management Plan.--The Commission shall submit the
management plan to the Secretary for approval not later than 3 years
after funds are made available for this Act.
(c) Failure to Submit.--If the Commission fails to submit the
management plan to the Secretary in accordance with subsection (b), the
Heritage Corridor shall not qualify for Federal funding until the
management plan is submitted.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 90 days after receiving the
management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the Commission has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(B) the resource preservation and interpretation
strategies contained in the management plan would
adequately protect the cultural and historic resources
of the Heritage Corridor; and
(C) the Secretary has received adequate assurances
from appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise the
Commission in writing of the reasons therefore and shall make
recommendations for revisions to the management plan. The
Secretary shall approve or disapprove a proposed revision not
later than 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed and approved by the Secretary
in the same manner as provided in the original management plan.
The Commission shall not use Federal funds authorized by this
Act to implement any amendments until the Secretary has
approved the amendments.
SEC. 1008. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--Upon a request of the Commission, the Secretary
may provide technical and financial assistance for the development and
implementation of the management plan.
(b) Priority for Assistance.--In providing assistance under
subsection (a), the Secretary shall give priority to actions that
assist in--
(1) conserving the significant cultural, historical, and
natural resources of the Heritage Corridor; and
(2) providing educational and interpretive opportunities
consistent with the purposes of the Heritage Corridor.
(c) Spending for Non-Federal Property.--
(1) In general.--The Commission may expend Federal funds
made available under this Act on nonfederally owned property
that is--
(A) identified in the management plan; or
(B) listed or eligible for listing on the National
Register for Historic Places.
(2) Agreements.--Any payment of Federal funds made pursuant
to this Act shall be subject to an agreement that conversion,
use, or disposal of a project so assisted for purposes contrary
to the purposes of this Act, as determined by the Secretary,
shall result in a right of the United States to compensation of
all funds made available to that project or the proportion of
the increased value of the project attributable to such funds
as determined at the time of such conversion, use, or disposal,
whichever is greater.
SEC. 1009. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities directly
affecting the Heritage Corridor shall--
(1) consult with the Secretary and the Commission with
respect to such activities;
(2) cooperate with the Secretary and the Commission in
carrying out their duties under this Act and, to the maximum
extent practicable, coordinate such activities with the
carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner in which the Commission determines
will not have an adverse effect on the Heritage Corridor.
SEC. 1010. COASTAL HERITAGE CENTERS.
In furtherance of the purposes of this Act and using the
authorities made available under this Act, the Commission shall
establish one or more Coastal Heritage Centers at appropriate locations
within the Heritage Corridor in accordance with the preferred
alternative identified in the Record of Decision for the Low Country
Gullah Culture Special Resource Study and Environmental Impact Study,
December 2003.
SEC. 1011. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall be
construed to require any private property owner to permit public access
(including Federal, State, or local government access) to such private
property. Nothing in this Act shall be construed to modify any
provision of Federal, State, or local law with regard to public access
to or use of private lands.
(b) Liability.--Designation of the Heritage Corridor shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
Act shall be construed to modify any authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage
Corridor.--Nothing in this Act shall be construed to require the owner
of any private property located within the boundaries of the Heritage
Corridor to participate in or be associated with the Heritage Corridor.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Corridor represent the area within which Federal funds
appropriated for the purpose of this Act shall be expended. The
establishment of the Heritage Corridor and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Corridor or its viewshed by the Secretary or the
management entity.
(f) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Corridor until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(g) Landowner Withdrawal.--Any owner of private property included
within the boundary of the Heritage Corridor shall have their property
immediately removed from within the boundary by submitting a written
request to the management entity.
SEC. 1012. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
purposes of this Act not more than $1,000,000 for any fiscal year. Not
more than a total of $10,000,000 may be appropriated for the Heritage
Corridor under this Act.
(b) Cost Share.--Federal funding provided under this Act may not
exceed 50 percent of the total cost of any activity for which
assistance is provided under this Act.
(c) In-Kind Contributions.--The Secretary may accept in-kind
contributions as part of the non-Federal cost share of any activity for
which assistance is provided under this Act.
SEC. 1013. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
shall terminate on the day occurring 15 years after the date of the
enactment of this Act.
TITLE XI--UTAH TEST AND TRAINING RANGE PROTECTION
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Utah Test and Training Range
Protection Act''.
SEC. 1102. DEFINITIONS.
In this title:
(1) The term ``covered wilderness'' means the wilderness
area designated by this title and wilderness study areas
located near lands withdrawn for military use and beneath
special use airspace critical to the support of military test
and training missions at the Utah Test and Training Range,
including the Deep Creek, Fish Springs, Swasey Mountain, Howell
Peak, Notch Peak, King Top, Wah Wah Mountain, and Conger
Mountain units designated by the Department of the Interior.
(2) The term ``Tribe'' means the Skull Valley Band of
Goshute Indians.
(3) The term ``Utah Test and Training Range'' means those
portions of the military operating area of the Utah Test and
Training Area located solely in the State of Utah. The term
includes the Dugway Proving Ground.
(4) The term ``Wilderness Act'' means Public Law 88-577,
approved September 3, 1964 (16 U.S.C. 1131 et seq.).
SEC. 1103. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND TRAINING
RANGE.
(a) Findings.--The Congress finds the following:
(1) The testing and development of military weapons systems
and the training of military forces are critical to ensuring
the national security of the United States.
(2) The Utah Test and Training Range in the State of Utah
is a unique and irreplaceable national asset at the core of the
test and training mission of the Department of Defense.
(3) The Cedar Mountain Wilderness Area designated by
section 1105, as well as several wilderness study areas, are
located near lands withdrawn for military use or are beneath
special use airspace critical to the support of military test
and training missions at the Utah Test and Training Range.
(4) The Utah Test and Training Range and special use
airspace withdrawn for military uses create unique management
circumstances for the covered wilderness in this title, and it
is not the intent of Congress that passage of this title shall
be construed as establishing a precedent with respect to any
future national conservation area or wilderness designation.
(5) Continued access to the special use airspace and lands
that comprise the Utah Test and Training Range, under the terms
and conditions described in this section, is a national
security priority and is not incompatible with the protection
and proper management of the natural, environmental, cultural,
and other resources of such lands.
(b) Overflights.--Nothing in this title or the Wilderness Act shall
preclude low-level overflights and operations of military aircraft,
helicopters, missiles, or unmanned aerial vehicles over the covered
wilderness, including military overflights and operations that can be
seen or heard within the covered wilderness.
(c) Special Use Airspace and Training Routes.--Nothing in this
title or the Wilderness Act shall preclude the designation of new units
of special use airspace, the expansion of existing units of special use
airspace, or the use or establishment of military training routes over
the covered wilderness.
(d) Communications and Tracking Systems.--Nothing in this title
shall prevent any required maintenance of existing communications,
instrumentation, or electronic tracking systems (or infrastructure
supporting such systems) or prevent the installation of new
communication, instrumentation, or other equipment necessary for
effective testing and training to meet military requirements in
wilderness study areas located beneath special use airspace comprising
the Utah Test and Training Range, including the Deep Creek, Fish
Springs, Swasey Mountain, Howell Peak, Notch Peak, King Top, Wah Wah
Mountain, and Conger Mountain units designated by the Department of
Interior, so long as the Secretary of the Interior, after consultation
with the Secretary of the Air Force, determines that the installation
and maintenance of such systems, when considered both individually and
collectively, comply with section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
(e) Emergency Access and Response.--Nothing in this title or the
Wilderness Act shall preclude the continuation of the memorandum of
understanding in existence as of the date of enactment of this title
between the Department of the Interior and the Department of the Air
Force with respect to emergency access and response.
(f) Prohibition on Ground Military Operations.--Except as provided
in subsections (d) and (e), nothing in this section shall be construed
to permit a military operation to be conducted on the ground in covered
wilderness in the Utah Test and Training Range unless such ground
operation is otherwise permissible under Federal law and consistent
with the Wilderness Act.
SEC. 1104. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST AND TRAINING
RANGE.
(a) Analysis of Military Readiness and Operational Impacts.--The
Secretary of the Interior shall develop, maintain, and revise land use
plans pursuant to section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S. C. 1712) for Federal lands located in the Utah
Test and Training Range in consultation with the Secretary of Defense.
As part of the required consultation in connection with a proposed
revision of a land use plan, the Secretary of Defense shall prepare and
transmit to the Secretary of the Interior an analysis of the military
readiness and operational impacts of the proposed revision within six
months of a request from the Secretary of Interior.
(b) Limitation on Rights-of-ways.--The Secretary of the Interior
shall not grant or issue any authorizations for rights-of-way under
section 501(a)(6) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1761(a)(6)) upon Federal lands identified as inventory units
UTU-020-086, UTU-020-088, UTU-020-095, UTU-020-096, UTU-020-100, UTU-
020-101, UTU-020-103, UTU-020-104, UTU-020-105, and UTU-020-110, as
generally depicted on the map entitled ``Wilderness Inventory, State of
Utah'' and dated August 1979, until the later of the following:
(1) The completion of a full revision of the Pony Express
Area Resource Management Plan, dated January 12, 1990, by the
Salt Lake Field Office of the Bureau of Land Management.
(2) January 1, 2015.
SEC. 1105. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN WILDERNESS,
UTAH.
(a) Designation.--Certain Federal lands in Tooele County, Utah, as
generally depicted on the map entitled ``Cedar Mountain Wilderness''
and dated March 7, 2004, are hereby designated as wilderness and,
therefore, as a component of the National Wilderness Preservation
System to be known as the Cedar Mountain Wilderness Area.
(b) Withdrawal.--Subject to valid existing rights, the Federal
lands in the Cedar Mountain Wilderness Area are hereby withdrawn from
all forms of entry, appropriation, or disposal under the public land
laws, from location, entry, and patent under the United States mining
laws, and from disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments to such
laws.
(c) Map and Description.--(1) As soon as practicable after the date
of the enactment of this title, the Secretary of the Interior shall
transmit a map and legal description of the Cedar Mountain Wilderness
Area to the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate.
(2) The map and legal description shall have the same force and
effect as if included in this title, except that the Secretary of the
Interior may correct clerical and typographical errors in the map and
legal description.
(3) The map and legal description shall be on file and available
for public inspection in the office of the Director of the Bureau of
Land Management and the office of the State Director of the Bureau of
Land Management in the State of Utah.
(d) Administration.--Subject to valid existing rights and this
title, the Cedar Mountain Wilderness Area shall be administered by the
Secretary of the Interior in accordance with the provisions of the
Wilderness Act, except that any reference in such provisions to the
effective date of the Wilderness Act (or any similar reference) shall
be deemed to be a reference to the date of the enactment of this title.
(e) Land Acquisition.--Any lands or interest in lands within the
boundaries of the Cedar Mountain Wilderness Area acquired by the United
States after the date of the enactment of this Act shall be added to
and administered as part of the Cedar Mountain Wilderness Area.
(f) Fish and Wildlife Management.--As provided in section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title
shall be construed as affecting the jurisdiction of the State of Utah
with respect to fish and wildlife on the Federal lands located in that
State.
(g) Grazing.--Within the Cedar Mountain Wilderness Area, the
grazing of livestock, where established before the date of the
enactment of this title, shall be permitted to continue subject to such
reasonable regulations, policies, and practices as the Secretary of the
Interior considers necessary, as long as such regulations, policies,
and practices fully conform with and implement the intent of Congress
regarding grazing in such areas, as such intent is expressed in the
Wilderness Act, section 101(f) of Public Law 101-628 (104 Stat. 4473),
and appendix A of the Report of the Committee on Interior and Insular
Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101-
405).
(h) Buffer Zones.--Congress does not intend for the designation of
the Cedar Mountain Wilderness Area to lead to the creation of
protective perimeters or buffer zones around the wilderness area. The
fact that nonwilderness activities or uses can be seen or heard within
the wilderness area shall not, of itself, preclude such activities or
uses up to the boundary of the wilderness area.
(i) Release From Wilderness Study Area Status.--The lands
identified as the Browns Spring Cherrystem on the map entitled
``Proposed Browns Spring Cherrystem'' and dated May 11, 2004, are
released from their status as a wilderness study area, and shall no
longer be subject to the requirements of section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) pertaining
to the management of wilderness study areas in a manner that does not
impair the suitability of those areas for preservation of wilderness.
SEC. 1106. IDENTIFICATION OF ADDITIONAL BUREAU OF LAND MANAGEMENT LAND
IN UTAH AS TRUST LAND FOR SKULL VALLEY BAND OF GOSHUTES.
(a) Identification of Trust Land.--The Secretary of the Interior
shall identify approximately 640 additional acres of Bureau of Land
Management land in the State of Utah to be administered in trust for
the benefit of the Skull Valley Band of Goshutes.
(b) Special Considerations.--In identifying the land under
subsection (a), the Secretary of the Interior shall--
(1) consult with leaders of the Tribe and the Governor of
Utah; and
(2) ensure that the land has ready access to State or
Federal highways and, in the judgment of the Secretary,
provides the best opportunities for commercial economic
development in closest proximity to other lands of the Tribe.
(c) Placement in Trust.--Not later than December 31, 2005, the
Secretary of the Interior shall place the land identified pursuant to
subsection (a) into trust for the purposes of economic development for
the Tribe. At least 30 days before placing the land in trust for the
Tribe, the Secretary shall publish in the Federal Register legal
descriptions of the land to be placed in trust.
(d) Management of Trust Land.--The land placed into trust for the
Tribe under subsection (c) shall be administered in accordance with
laws generally applicable to property held in trust by the United
States for Indian Tribes, except that the land shall immediately revert
to the administrative control of the Bureau of Land Management if the
Tribe sells, or attempts to sell, any part of the land.
(e) Effect.--Nothing in this section--
(1) affects any valid right-of-way, lease, permit, mining
claim, grazing permit, water right, or other right or interest
of any person or entity (other than the United States) in or to
the trust land that exists before the date on which the land is
placed in trust for the Tribe under subsection (c);
(2) enlarges, impairs, or otherwise affects a right or
claim of the Tribe to any land or interest in land based on
Aboriginal or Indian title that exists before the date of the
enactment of this title;
(3) constitutes an express or implied reservation of water
or water right for any purpose with respect to the trust land;
or
(4) affects any water right of the Tribe that exists before
the date of the enactment of this title.
SEC. 1107. RELATION TO OTHER LANDS AND LAWS.
(a) Other Lands.--Nothing in this title shall be construed to
affect any Federal lands located outside of the covered wilderness or
the management of such lands.
(b) Conforming Repeal.--Section 2815 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
852) is amended by striking subsection (d).
Attest:
Clerk.