[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 938 Referred in Senate (RFS)]
1st Session
H. R. 938
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2005
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To establish the Upper Housatonic Valley National Heritage Area in the
State of Connecticut and the Commonwealth of Massachusetts, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA
Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Definitions.
Sec. 104. Upper Housatonic Valley National Heritage Area.
Sec. 105. Authorities, prohibitions, and duties of the management
entity.
Sec. 106. Management plan.
Sec. 107. Duties and authorities of the Secretary.
Sec. 108. Duties of other Federal agencies.
Sec. 109. Requirements for inclusion of private property.
Sec. 110. Private property protection.
Sec. 111. Authorization of appropriations.
Sec. 112. Sunset.
TITLE II--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT
AMENDMENTS
Sec. 201. Short title.
Sec. 202. Transition and provisions for new management entity.
Sec. 203. Private property protection.
Sec. 204. Technical amendments.
TITLE III--ST. CROIX NATIONAL HERITAGE AREA STUDY
Sec. 301. St. Croix National Heritage Area study.
TITLE IV--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA
Sec. 401. Short title.
Sec. 402. Congressional findings.
Sec. 403. Definitions.
Sec. 404. Northern Rio Grande National Heritage Area.
Sec. 405. Authority and duties of the management entity.
Sec. 406. Duties of the Secretary.
Sec. 407. Private property protections; savings provisions.
Sec. 408. Sunset.
Sec. 409. Authorization of appropriations.
TITLE I--UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ``Upper Housatonic Valley National
Heritage Area Act''.
SEC. 102. 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. 103. DEFINITIONS.
In this title:
(1) Heritage area.--The term ``Heritage Area'' means the
Upper Housatonic Valley National Heritage Area, established in
section 104.
(2) Management entity.--The term ``Management Entity''
means the management entity for the Heritage Area designated by
section 104(d).
(3) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area specified in section
106.
(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. 104. 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. 105. 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 106;
(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. 106. 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. 107. 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. 108. 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. 109. 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. 110. 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. 111. 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. 112. SUNSET.
The authority of the Secretary to provide assistance under this
title shall terminate on the day occurring 15 years after the date of
the enactment of this title.
TITLE II--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT
AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Illinois and Michigan Canal
National Heritage Corridor Act Amendments of 2005''.
SEC. 202. TRANSITION AND PROVISIONS FOR NEW MANAGEMENT ENTITY.
The Illinois and Michigan Canal National Heritage Corridor Act of
1984 (Public Law 98-398; 16 U.S.C. 461 note) is amended as follows:
(1) In section 103--
(A) in paragraph (8), by striking ``and'';
(B) in paragraph (9), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(10) the term `Association' means the Canal Corridor
Association (an organization described under section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code).''.
(2) By adding at the end of section 112 the following new
paragraph:
``(7) The Secretary shall enter into a memorandum of
understanding with the Association to help ensure appropriate
transition of the management entity to the Association and
coordination with the Association regarding that role.''.
(3) By adding at the end the following new sections:
``SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY.
``Upon the termination of the Commission, the management entity for
the corridor shall be the Association.
``SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION.
``For purposes of preparing and implementing the management plan
developed under section 121, the Association may use Federal funds made
available under this title--
``(1) to make loans and grants to, and enter into
cooperative agreements with, States and their political
subdivisions, private organizations, or any person;
``(2) to hire, train, and compensate staff; and
``(3) to enter into contracts for goods and services.
``SEC. 121. DUTIES OF THE ASSOCIATION.
``The Association shall--
``(1) develop and submit to the Secretary for approval
under section 123 a proposed management plan for the corridor
not later than 2 years after Federal funds are made available
for this purpose;
``(2) give priority to implementing actions set forth in
the management plan, including taking steps to assist units of
local government, regional planning organizations, and other
organizations--
``(A) in preserving the corridor;
``(B) in establishing and maintaining interpretive
exhibits in the corridor;
``(C) in developing recreational resources in the
corridor;
``(D) in increasing public awareness of and
appreciation for the natural, historical, and
architectural resources and sites in the corridor; and
``(E) in facilitating the restoration of any
historic building relating to the themes of the
corridor;
``(3) encourage by appropriate means economic viability in
the corridor consistent with the goals of the management plan;
``(4) consider the interests of diverse governmental,
business, and other groups within the corridor;
``(5) conduct public meetings at least quarterly regarding
the implementation of the management plan;
``(6) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary; and
``(7) for any year in which Federal funds have been
received under this title--
``(A) submit an annual report to the Secretary
setting forth the Association's accomplishments,
expenses and income, and the identity of each entity to
which any loans and grants were made during the year
for which the report is made;
``(B) make available for audit all records
pertaining to the expenditure of such funds and any
matching funds; and
``(C) require, for all agreements authorizing
expenditure of Federal funds by other organizations,
that the receiving organizations make available for
audit all records pertaining to the expenditure of such
funds.
``SEC. 122. USE OF FEDERAL FUNDS.
``(a) In General.--The Association shall not use Federal funds
received under this title to acquire real property or an interest in
real property.
``(b) Other Sources.--Nothing in this title precludes the
Association from using Federal funds from other sources for authorized
purposes.
``SEC. 123. MANAGEMENT PLAN.
``(a) Preparation of Management Plan.--Not later than 2 years after
the date that Federal funds are made available for this purpose, the
Association shall submit to the Secretary for approval a proposed
management plan that shall--
``(1) take into consideration State and local plans and
involve residents, local governments and public agencies, and
private organizations in the corridor;
``(2) present comprehensive recommendations for the
corridor's conservation, funding, management, and development;
``(3) include actions proposed to be undertaken by units of
government and nongovernmental and private organizations to
protect the resources of the corridor;
``(4) specify the existing and potential sources of funding
to protect, manage, and develop the corridor; and
``(5) include--
``(A) identification of the geographic boundaries
of the corridor;
``(B) a brief description and map of the corridor's
overall concept or vision that show key sites, visitor
facilities and attractions, and physical linkages;
``(C) identification of overall goals and the
strategies and tasks intended to reach them, and a
realistic schedule for completing the tasks;
``(D) a listing of the key resources and themes of
the corridor;
``(E) identification of parties proposed to be
responsible for carrying out the tasks;
``(F) a financial plan and other information on
costs and sources of funds;
``(G) a description of the public participation
process used in developing the plan and a proposal for
public participation in the implementation of the
management plan;
``(H) a mechanism and schedule for updating the
plan based on actual progress;
``(I) a bibliography of documents used to develop
the management plan; and
``(J) a discussion of any other relevant issues
relating to the management plan.
``(b) Disqualification From Funding.--If a proposed management plan
is not submitted to the Secretary within 2 years after the date that
Federal funds are made available for this purpose, the Association
shall be ineligible to receive additional funds under this title until
the Secretary receives a proposed management plan from the Association.
``(c) Approval of Management Plan.--The Secretary shall approve or
disapprove a proposed management plan submitted under this title not
later than 180 days after receiving such proposed management plan. If
action is not taken by the Secretary within the time period specified
in the preceding sentence, the management plan shall be deemed
approved. The Secretary shall consult with the local entities
representing the diverse interests of the corridor including
governments, natural and historic resource protection organizations,
educational institutions, businesses, recreational organizations,
community residents, and private property owners prior to approving the
management plan. The Association shall conduct semi-annual public
meetings, workshops, and hearings to provide adequate opportunity for
the public and local and governmental entities to review and to aid in
the preparation and implementation of the management plan.
``(d) Effect of Approval.--Upon the approval of the management plan
as provided in subsection (c), the management plan shall supersede the
conceptual plan contained in the National Park Service report.
``(e) Action Following Disapproval.--If the Secretary disapproves a
proposed management plan within the time period specified in subsection
(c), the Secretary shall advise the Association in writing of the
reasons for the disapproval and shall make recommendations for
revisions to the proposed management plan.
``(f) Approval of Amendments.--The Secretary shall review and
approve all substantial amendments (including any increase of more than
20 percent in the cost estimates for implementation) to the management
plan. Funds made available under this title may not be expended to
implement any changes made by a substantial amendment until the
Secretary approves that substantial amendment.
``SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
``(a) Technical and Financial Assistance.--Upon the request of the
Association, the Secretary may provide technical assistance, on a
reimbursable or nonreimbursable basis, and financial assistance to the
Association to develop and implement the management plan. The Secretary
is authorized to enter into cooperative agreements with the Association
and other public or private entities for this purpose. In assisting the
Association, the Secretary shall give priority to actions that in
general assist in--
``(1) conserving the significant natural, historic,
cultural, and scenic resources of the corridor; and
``(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the corridor.
``(b) Duties of Other Federal Agencies.--Any Federal agency
conducting or supporting activities directly affecting the corridor
shall--
``(1) consult with the Secretary and the Association with
respect to such activities;
``(2) cooperate with the Secretary and the Association in
carrying out their duties under this title;
``(3) to the maximum extent practicable, coordinate such
activities with the carrying out of such duties; and
``(4) to the maximum extent practicable, conduct or support
such activities in a manner which the Association determines is
not likely to have an adverse effect on the corridor.
``SEC. 125. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--To carry out this title there is authorized to
be appropriated $10,000,000, except that not more than $1,000,000 may
be appropriated to carry out this title for any fiscal year.
``(b) 50 Percent Match.--The Federal share of the cost of
activities carried out using any assistance or grant under this title
shall not exceed 50 percent of that cost.
``SEC. 126. SUNSET.
``The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date of the
enactment of this section.''.
SEC. 203. PRIVATE PROPERTY PROTECTION.
The Illinois and Michigan Canal National Heritage Corridor Act of
1984 is further amended by adding after section 126 (as added by
section 202) the following new sections:
``SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
``(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the corridor until the owner of that private
property has been notified in writing by the Association and has given
written consent for such preservation, conservation, or promotion to
the Association.
``(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the corridor, and not notified under subsection
(a), shall have their property immediately removed from the boundary of
the corridor by submitting a written request to the Association.
``SEC. 128. PRIVATE PROPERTY PROTECTION.
``(a) Access to Private Property.--Nothing in this title shall be
construed to--
``(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
``(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
``(b) Liability.--Designation of the corridor shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
``(c) Recognition of Authority to Control Land Use.--Nothing in
this title shall be construed to modify the authority of Federal,
State, or local governments to regulate land use.
``(d) Participation of Private Property Owners in Corridor.--
Nothing in this title shall be construed to require the owner of any
private property located within the boundaries of the corridor to
participate in or be associated with the corridor.
``(e) Effect of Establishment.--The boundaries designated for the
corridor represent the area within which Federal funds appropriated for
the purpose of this title may be expended. The establishment of the
corridor and its boundaries shall not be construed to provide any
nonexisting regulatory authority on land use within the corridor or its
viewshed by the Secretary, the National Park Service, or the
Association.''.
SEC. 204. TECHNICAL AMENDMENTS.
Section 116 of Illinois and Michigan Canal National Heritage
Corridor Act of 1984 is amended--
(1) by striking subsection (b); and
(2) in subsection (a)--
(A) by striking ``(a)'' and all that follows
through ``For each'' and inserting ``(a) For each'';
(B) by striking ``Commission'' and inserting
``Association'';
(C) by striking ``Commission's'' and inserting
``Association's'';
(D) by redesignating paragraph (2) as subsection
(b); and
(E) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
TITLE III--ST. CROIX NATIONAL HERITAGE AREA STUDY
SEC. 301. 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) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) 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;
(6) 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;
(7) 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
(8) has a conceptual boundary map that is supported by the
public.
(c) 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
of the study.
(d) 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.
TITLE IV--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA
SEC. 401. SHORT TITLE.
This title may be cited as the ``Northern Rio Grande National
Heritage Area Act''.
SEC. 402. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) northern New Mexico encompasses a mosaic of cultures
and history, including 8 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. 403. DEFINITIONS.
As used in this title--
(1) the term ``heritage area'' means the Northern Rio
Grande Heritage Area; and
(2) the term ``Secretary'' means the Secretary of the
Interior.
SEC. 404. 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. 405. 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 title.
(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 title 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 title, consistent with the management plan.
(d) Prohibition on Acquiring Real Property.--The management entity
may not use Federal funds received under this title 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 title, 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. 406. 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. 407. 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 title
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
title 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 title 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 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.
(b) Effect of Establishment.--The boundaries designated for the
heritage area represent the area within which Federal funds
appropriated for the purpose of this title 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 title shall restrict or limit a
tribe from protecting cultural or religious sites on tribal lands.
(d) Trust Responsibilities.--Nothing in this title shall diminish
the Federal Government's trust responsibilities or government-to-
government obligations to any federally recognized Indian tribe.
SEC. 408. SUNSET.
The authority of the Secretary to provide assistance under this
title terminates on the date that is 15 years after the date of
enactment of this Act.
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title $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 title shall be not more than 50
percent.
Passed the House of Representatives May 16, 2005.
Attest:
JEFF TRANDAHL,
Clerk.