120 STAT. 1812
PUBLIC LAW 109–338—OCT. 12, 2006
(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.— Nothing in this subtitle 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 AREAS.—Nothing in this subtitle 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) LAND USE REGULATION.— (1) IN GENERAL.—The local coordinating entity shall provide assistance and encouragement to State and local governments, private organizations, and persons to protect and promote the resources and values of the Heritage Area. (2) EFFECT.—Nothing in this subtitle— (A) affects the authority of the State or local governments to regulate under law any use of land; or (B) grants any power of zoning or land use to the local coordinating entity. (f) PRIVATE PROPERTY.— (1) IN GENERAL.—The local coordinating entity shall be an advocate for land management practices consistent with the purposes of the Heritage Area. (2) EFFECT.—Nothing in this subtitle— (A) abridges the rights of any person with regard to private property; (B) affects the authority of the State or local government regarding private property; or (C) imposes any additional burden on any property owner. (g) REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.— (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 the boundary by submitting a written request to the management entity. SEC. 267. SAVINGS PROVISIONS.
(a) RULES, REGULATIONS, STANDARDS, AND PERMIT PROCESSES.—Nothing in this subtitle shall be construed to impose any environmental, occupational, safety, or other rule, regulation, standard, or permit process in the Heritage Area that is different from those that would be applicable if the Heritage Area had not been established. (b) WATER AND WATER RIGHTS.—Nothing in this subtitle shall be construed to authorize or imply the reservation or appropriation of water or water rights. (c) NO DIMINISHMENT OF STATE AUTHORITY.—Nothing in this subtitle shall be construed to diminish the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area.
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