Subtitle A—Designation of National Heritage Areasedit
SEC. 8001. SANGRE DE CRISTO NATIONAL HERITAGE AREA, COLORADO.edit
(a) Definitions- In this section:
(1) HERITAGE AREA- The term `Heritage Area' means the Sangre de Cristo National Heritage Area established by subsection (b)(1).
(2) MANAGEMENT ENTITY- The term `management entity' means the management entity for the Heritage Area designated by subsection (b)(4).
(3) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area required under subsection (d).
(4) MAP- The term `map' means the map entitled `Proposed Sangre De Cristo National Heritage Area' and dated November 2005.
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(6) STATE- The term `State' means the State of Colorado.
(b) Sangre De Cristo National Heritage Area-
(1) ESTABLISHMENT- There is established in the State the Sangre de Cristo National Heritage Area.
(2) BOUNDARIES- The Heritage Area shall consist of—
(A) the counties of Alamosa, Conejos, and Costilla; and
(B) the Monte Vista National Wildlife Refuge, the Baca National Wildlife Refuge, the Great Sand Dunes National Park and Preserve, and other areas included in the map.
(3) MAP- A map of the Heritage Area shall be—
(A) included in the management plan; and
(B) on file and available for public inspection in the appropriate offices of the National Park Service.
(4) MANAGEMENT ENTITY-
(A) IN GENERAL- The management entity for the Heritage Area shall be the Sangre de Cristo National Heritage Area Board of Directors.
(B) MEMBERSHIP REQUIREMENTS- Members of the Board shall include representatives from a broad cross-section of the individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act.
(c) Administration-
(1) AUTHORITIES- For purposes of carrying out the management plan, the Secretary, acting through the management entity, may use amounts made available under this section to—
(A) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties;
(C) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming;
(D) obtain money or services from any source including any that are provided under any other Federal law or program;
(E) contract for goods or services; and
(F) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan.
(2) DUTIES- The management entity shall—
(A) in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary;
(B) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by—
(i) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area;
(ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area;
(iii) developing recreational and educational opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area;
(v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes;
(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and
(vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area;
(C) 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;
(D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
(E) for any year that Federal funds have been received under this section—
(i) submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made);
(ii) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds;
(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and
(F) encourage by appropriate means economic viability that is consistent with the Heritage Area.
(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY- The management entity shall not use Federal funds made available under this section to acquire real property or any interest in real property.
(4) COST-SHARING REQUIREMENT- The Federal share of the cost of any activity carried out using any assistance made available under this section shall be 50 percent.
(d) Management Plan-
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(2) REQUIREMENTS- The management plan shall—
(A) 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;
(B) take into consideration State and local plans;
(C) include—
(i) an inventory of—
(I) the resources located in the core area described in subsection (b)(2); and
(II) any other property in the core area that—
(aa) is related to the themes of the Heritage Area; and
(bb) should be preserved, restored, managed, or maintained because of the significance of the property;
(ii) comprehensive policies, strategies and recommendations for conservation, funding, management, and development of the Heritage Area;
(iii) 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;
(iv) a program of implementation for the management plan by the management entity that includes a description of—
(I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and
(II) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation;
(v) the identification of sources of funding for carrying out the management plan;
(vi) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) 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 natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area.
(3) DEADLINE- If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan.
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN-
(A) IN GENERAL- Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan.
(B) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether—
(i) 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;
(ii) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and
(iii) 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.
(C) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management plan under subparagraph (A), 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) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision.
(D) AMENDMENTS-
(i) IN GENERAL- The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan.
(ii) USE OF FUNDS- The management entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments.
(e) Relationship to Other Federal Agencies-
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
(2) CONSULTATION AND COORDINATION- The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable.
(3) OTHER FEDERAL AGENCIES- Nothing in this section—
(A) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections- Nothing in this section—
(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation of water or water rights;
(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
(6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
(g) Evaluation; Report-
(1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
(A) conduct an evaluation of the accomplishments of the Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall—
(A) assess the progress of the management entity with respect to—
(i) accomplishing the purposes of this section for the Heritage Area; and
(ii) achieving the goals and objectives of the approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
(C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(3) REPORT-
(A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
(B) REQUIRED ANALYSIS- If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
(i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the recommended reduction or elimination.
(C) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to—
(i) the Committee on Energy and Natural Resources of the Senate; and
(ii) the Committee on Natural Resources of the House of Representatives.
(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
(i) Termination of Authority- The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
SEC. 8002. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA, COLORADO.edit
(a) Definitions- In this section:
(1) HERITAGE AREA- The term `Heritage Area' means the Cache La Poudre River National Heritage Area established by subsection (b)(1).
(2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the Poudre Heritage Alliance, the local coordinating entity for the Heritage Area designated by subsection (b)(4).
(3) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area required under subsection (d)(1).
(4) MAP- The term `map' means the map entitled `Cache La Poudre River National Heritage Area', numbered 960/80,003, and dated April, 2004.
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(6) STATE- The term `State' means the State of Colorado.
(b) Cache La Poudre River National Heritage Area-
(1) ESTABLISHMENT- There is established in the State the Cache La Poudre River National Heritage Area.
(2) BOUNDARIES- The Heritage Area shall consist of the area depicted on the map.
(3) MAP- The map shall be on file and available for public inspection in the appropriate offices of—
(A) the National Park Service; and
(B) the local coordinating entity.
(4) LOCAL COORDINATING ENTITY- The local coordinating entity for the Heritage Area shall be the Poudre Heritage Alliance, a nonprofit organization incorporated in the State.
(c) Administration-
(1) AUTHORITIES- To carry out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this section—
(A) to make grants to the State (including any political subdivision of the State), nonprofit organizations, and other individuals;
(B) to enter into cooperative agreements with, or provide technical assistance to, the State (including any political subdivision of the State), nonprofit organizations, and other interested parties;
(C) to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resource protection, and heritage programming;
(D) to obtain funds or services from any source, including funds or services that are provided under any other Federal law or program;
(E) to enter into contracts for goods or services; and
(F) to serve as a catalyst for any other activity that—
(i) furthers the purposes and goals of the Heritage Area; and
(ii) is consistent with the approved management plan.
(2) DUTIES- The local coordinating entity shall—
(A) in accordance with subsection (d), prepare and submit to the Secretary a management plan for the Heritage Area;
(B) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by—
(i) carrying out programs and projects that recognize, protect, and enhance important resource values located in the Heritage Area;
(ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area;
(iii) developing recreational and educational opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, the natural, historical, scenic, and cultural resources of the Heritage Area;
(v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes;
(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest, are posted throughout the Heritage Area; and
(vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area;
(C) 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;
(D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
(E) for any year for which Federal funds have been received under this section—
(i) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made);
(ii) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and
(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and
(F) encourage by appropriate means economic viability that is consistent with the Heritage Area.
(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY- The local coordinating entity shall not use Federal funds made available under this section to acquire real property or any interest in real property.
(d) Management Plan-
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(2) REQUIREMENTS- The management plan shall—
(A) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include—
(i) an inventory of the resources located in the Heritage Area;
(ii) comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Area;
(iii) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area;
(iv) a program of implementation for the management plan by the local coordinating entity that includes a description of—
(I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and
(II) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation;
(v) the identification of sources of funding for carrying out the management plan;
(vi) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) 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 natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area.
(3) DEADLINE- If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this section until the date on which the Secretary approves a management plan.
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN-
(A) IN GENERAL- Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan.
(B) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating 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;
(ii) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and
(iii) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area.
(C) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall—
(i) advise the local coordinating entity in writing of the reasons for the disapproval;
(ii) make recommendations for revisions to the management plan; and
(iii) not later than 180 days after the date of receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision.
(5) AMENDMENTS-
(A) IN GENERAL- The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines would make a substantial change to the management plan.
(B) USE OF FUNDS- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to carry out any amendments to the management plan until the Secretary has approved the amendments.
(e) Relationship to Other Federal Agencies-
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law (including regulations).
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.
(3) OTHER FEDERAL AGENCIES- Nothing in this section—
(A) modifies, alters, or amends any law (including any regulation) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections- Nothing in this section—
(1) abridges the rights of any public or private property owner, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2) requires any property owner—
(A) to permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or
(B) to modify public access or use of property of the property owner under any other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency;
(4) conveys any land use or other regulatory authority to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation of water or water rights;
(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
(7) creates any liability, or affects any liability under any other law (including regulations), of any private property owner with respect to any individual injured on the private property.
(g) Evaluation; Report-
(1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
(A) conduct an evaluation of the accomplishments of the Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall—
(A) assess the progress of the local coordinating entity with respect to—
(i) accomplishing the purposes of this section for the Heritage Area; and
(ii) achieving the goals and objectives of the approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
(C) review the management structure, partnership relationships, and funding of the Heritage Area to identify the critical components for sustainability of the Heritage Area.
(3) REPORT-
(A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
(B) REQUIRED ANALYSIS- If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
(i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the recommended reduction or elimination.
(C) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to—
(i) the Committee on Energy and Natural Resources of the Senate; and
(ii) the Committee on Natural Resources of the House of Representatives.
(h) Funding-
(1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
(2) COST-SHARING REQUIREMENT- The Federal share of the cost of any activity carried out using any assistance made available under this section shall be 50 percent.
(i) Termination of Authority- The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
(j) Conforming Amendment- The Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is repealed.
SEC. 8003. SOUTH PARK NATIONAL HERITAGE AREA, COLORADO.edit
(a) Definitions- In this section:
(1) BOARD- The term `Board' means the Board of Directors of the South Park National Heritage Area, comprised initially of the individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act.
(2) HERITAGE AREA- The term `Heritage Area' means the South Park National Heritage Area established by subsection (b)(1).
(3) MANAGEMENT ENTITY- The term `management entity' means the management entity for the Heritage Area designated by subsection (b)(4)(A).
(4) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area required by subsection (d).
(5) MAP- The term `map' means the map entitled `South Park National Heritage Area Map (Proposed)', dated January 30, 2006.
(6) PARTNER- The term `partner' means a Federal, State, or local governmental entity, organization, private industry, educational institution, or individual involved in the conservation, preservation, interpretation, development or promotion of heritage sites or resources of the Heritage Area.
(7) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(8) STATE- The term `State' means the State of Colorado.
(9) TECHNICAL ASSISTANCE- The term `technical assistance' means any guidance, advice, help, or aid, other than financial assistance, provided by the Secretary.
(b) South Park National Heritage Area-
(1) ESTABLISHMENT- There is established in the State the South Park National Heritage Area.
(2) BOUNDARIES- The Heritage Area shall consist of the areas included in the map.
(3) MAP- A map of the Heritage Area shall be—
(A) included in the management plan; and
(B) on file and available for public inspection in the appropriate offices of the National Park Service.
(4) MANAGEMENT ENTITY-
(A) IN GENERAL- The management entity for the Heritage Area shall be the Park County Tourism & Community Development Office, in conjunction with the South Park National Heritage Area Board of Directors.
(B) MEMBERSHIP REQUIREMENTS- Members of the Board shall include representatives from a broad cross-section of individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act.
(c) Administration-
(1) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY- The management entity shall not use Federal funds made available under this section to acquire real property or any interest in real property.
(2) AUTHORITIES- For purposes of carrying out the management plan, the Secretary, acting through the management entity, may use amounts made available under this section to—
(A) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties;
(C) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, fundraising, heritage facility planning and development, and heritage tourism programming;
(D) obtain funds or services from any source, including funds or services that are provided under any other Federal law or program;
(E) enter into contracts for goods or services; and
(F) to facilitate the conduct of other projects and activities that further the Heritage Area and are consistent with the approved management plan.
(3) DUTIES- The management entity shall—
(A) in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary;
(B) assist units of local government, local property owners and businesses, and nonprofit organizations in carrying out the approved management plan by—
(i) carrying out programs and projects that recognize, protect, enhance, and promote important resource values in the Heritage Area;
(ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area;
(iii) developing economic, recreational and educational opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area;
(v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes;
(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area;
(vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; and
(viii) planning and developing new heritage attractions, products and services;
(C) 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;
(D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
(E) for any year for which Federal funds have been received under this section—
(i) submit to the Secretary an annual report that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made);
(ii) make available to the Secretary for audit all records relating to the expenditure of the Federal funds and any matching funds; and
(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and
(F) encourage by appropriate means economic viability that is consistent with the Heritage Area.
(4) COST-SHARING REQUIREMENT- The Federal share of the cost of any activity carried out using any assistance made available under this section shall be 50 percent.
(d) Management Plan-
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the management entity, with public participation, shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(2) REQUIREMENTS- The management plan shall—
(A) incorporate an integrated and cooperative approach for the protection, enhancement, interpretation, development, and promotion of the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include—
(i) an inventory of—
(I) the resources located within the areas included in the map; and
(II) any other eligible and participating property within the areas included in the map that—
(aa) is related to the themes of the Heritage Area; and
(bb) should be preserved, restored, managed, maintained, developed, or promoted because of the significance of the property;
(ii) comprehensive policies, strategies, and recommendations for conservation, funding, management, development, and promotion of the Heritage Area;
(iii) a description of actions that governments, private organizations, and individuals have agreed to take to manage protect the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area;
(iv) a program of implementation for the management plan by the management entity that includes a description of—
(I) actions to facilitate ongoing and effective collaboration among partners to promote plans for resource protection, enhancement, interpretation, restoration, and construction; and
(II) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation;
(v) the identification of sources of funding for carrying out the management plan;
(vi) an analysis of and recommendations for means by which Federal, State, and local programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) 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 historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area.
(3) DEADLINE- If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this section until the date on which the Secretary receives and approves the management plan.
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN-
(A) IN GENERAL- Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan.
(B) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether—
(i) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historical resource protection organizations, educational institutions, local businesses and industries, community organizations, recreational organizations, and tourism organizations;
(ii) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and
(iii) strategies contained in the management plan, if implemented, would adequately balance the voluntary protection, development, and interpretation of the natural, historical, cultural, scenic, recreational, and agricultural resources of the Heritage Area.
(C) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management plan under subparagraph (A), 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) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision.
(D) AMENDMENTS-
(i) IN GENERAL- The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines makes a substantial change to the management plan.
(ii) USE OF FUNDS- The management entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments.
(e) Relationship to Other Federal Agencies-
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
(2) CONSULTATION AND COORDINATION- The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable.
(3) OTHER FEDERAL AGENCIES- Nothing in this section—
(A) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections- Nothing in this section—
(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation of water or water rights;
(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
(6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
(g) Evaluation; Report-
(1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
(A) conduct an evaluation of the accomplishments of the Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall—
(A) assess the progress of the management entity with respect to—
(i) accomplishing the purposes of this section for the Heritage Area; and
(ii) achieving the goals and objectives of the approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
(C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(3) REPORT-
(A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
(B) REQUIRED ANALYSIS- If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
(i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the recommended reduction or elimination.
(C) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to—
(i) the Committee on Energy and Natural Resources of the Senate; and
(ii) the Committee on Natural Resources of the House of Representatives.
(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
(i) Termination of Authority- The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
SEC. 8004. NORTHERN PLAINS NATIONAL HERITAGE AREA, NORTH DAKOTA.edit
(a) Definitions- In this section:
(1) HERITAGE AREA- The term `Heritage Area' means the Northern Plains National Heritage Area established by subsection (b)(1).
(2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the Northern Plains Heritage Foundation, the local coordinating entity for the Heritage Area designated by subsection (c)(1).
(3) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area required under subsection (d).
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(5) STATE- The term `State' means the State of North Dakota.
(b) Establishment-
(1) IN GENERAL- There is established the Northern Plains National Heritage Area in the State of North Dakota.
(2) BOUNDARIES- The Heritage Area shall consist of—
(A) a core area of resources in Burleigh, McLean, Mercer, Morton, and Oliver Counties in the State; and
(B) any sites, buildings, and districts within the core area recommended by the management plan for inclusion in the Heritage Area.
(3) MAP- A map of the Heritage Area shall be—
(A) included in the management plan; and
(B) on file and available for public inspection in the appropriate offices of the local coordinating entity and the National Park Service.
(c) Local Coordinating Entity-
(1) IN GENERAL- The local coordinating entity for the Heritage Area shall be the Northern Plains Heritage Foundation, a nonprofit corporation established under the laws of the State.
(2) DUTIES- To further the purposes of the Heritage Area, the Northern Plains Heritage Foundation, as the local coordinating entity, shall—
(A) prepare a management plan for the Heritage Area, and submit the management plan to the Secretary, in accordance with this section;
(B) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section, specifying—
(i) the specific performance goals and accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal year;
(C) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds; and
(D) encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area.
(3) AUTHORITIES- For the purposes of preparing and implementing the approved management plan for the Heritage Area, the local coordinating entity may use Federal funds made available under this section to—
(A) make grants to political jurisdictions, nonprofit organizations, and other parties within the Heritage Area;
(B) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;
(C) hire and compensate staff, including individuals with expertise in—
(i) natural, historical, cultural, educational, scenic, and recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source, including other Federal programs;
(E) contract for goods or services; and
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.
(4) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds authorized to be appropriated under this section to acquire any interest in real property.
(5) OTHER SOURCES- Nothing in this section precludes the local coordinating entity from using Federal funds from other sources for authorized purposes.
(d) Management Plan-
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(2) REQUIREMENTS- The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;
(B) include a description of actions and commitments that Federal, State, tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area;
(C) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the national importance and themes of the Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;
(E) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area;
(F) describe a program for implementation for the management plan, including—
(i) performance goals;
(ii) plans for resource protection, enhancement, interpretation, funding, management, and development; and
(iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government agency, organization, business, or individual;
(G) include an analysis of, and recommendations for, means by which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section; and
(H) include a business plan that—
(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; and
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.
(3) DEADLINE-
(A) IN GENERAL- Not later than 3 years after the date on which funds are first made available to develop the management plan after designation of the Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.
(B) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with subparagraph (A), the local coordinating entity shall not qualify for any additional financial assistance under this section until such time as the management plan is submitted to and approved by the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN-
(A) REVIEW- Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for the Heritage Area on the basis of the criteria established under subparagraph (B).
(B) CRITERIA FOR APPROVAL- In determining whether to approve a management plan for the Heritage Area, the Secretary shall consider whether—
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including Federal, State, tribal, and local governments, natural, and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;
(ii) the local coordinating entity—
(I) has afforded adequate opportunity for public and Federal, State, tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and
(II) provides for at least semiannual public meetings to ensure adequate implementation of the management plan;
(iii) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;
(iv) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;
(v) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;
(vi) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local elements of the management plan; and
(vii) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.
(C) DISAPPROVAL-
(i) IN GENERAL- If the Secretary disapproves the management plan, the Secretary—
(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating entity for revisions to the management plan.
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.
(D) AMENDMENTS-
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.
(E) AUTHORITIES- The Secretary may—
(i) provide technical assistance under this section for the development and implementation of the management plan; and
(ii) enter into cooperative agreements with interested parties to carry out this section.
(e) Relationship to Other Federal Agencies-
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
(2) TECHNICAL AND FINANCIAL ASSISTANCE-
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide financial assistance and, on a reimbursable or nonreimbursable basis, technical assistance to the local coordinating entity to develop and implement the management plan.
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).
(C) PRIORITY- In assisting the Heritage Area, the Secretary shall give priority to actions that assist in—
(i) conserving the significant natural, historic, cultural, and scenic resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.
(3) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.
(4) OTHER FEDERAL AGENCIES- Nothing in this section—
(A) modifies or alters any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections- Nothing in this section—
(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2) requires any property owner to—
(A) permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or
(B) modify public access to, or use of, the property of the property owner under any other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, tribal, or local agency;
(4) conveys any land use or other regulatory authority to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation of water or water rights;
(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
(g) Evaluation; Report-
(1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (i), the Secretary shall—
(A) conduct an evaluation of the accomplishments of the Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall—
(A) assess the progress of the local coordinating entity with respect to—
(i) accomplishing the purposes of this section for the Heritage Area; and
(ii) achieving the goals and objectives of the approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
(C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(3) REPORT-
(A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
(B) REQUIRED ANALYSIS- If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
(i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the recommended reduction or elimination.
(C) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to—
(i) the Committee on Energy and Natural Resources of the Senate; and
(ii) the Committee on Natural Resources of the House of Representatives.
(h) Authorization of Appropriations-
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
(2) COST-SHARING REQUIREMENT-
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.
(B) FORM- The non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.
(i) Termination of Authority- The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
SEC. 8005. BALTIMORE NATIONAL HERITAGE AREA, MARYLAND.edit
(a) Definitions- In this section:
(1) HERITAGE AREA- The term `Heritage Area' means the Baltimore National Heritage Area, established by subsection (b)(1).
(2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the local coordinating entity for the Heritage Area designated by subsection (b)(4).
(3) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area required under subsection (c)(1)(A).
(4) MAP- The term `map' means the map entitled `Baltimore National Heritage Area', numbered T10/80,000, and dated October 2007.
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(6) STATE- The term `State' means the State of Maryland.
(b) Baltimore National Heritage Area-
(1) ESTABLISHMENT- There is established the Baltimore National Heritage Area in the State.
(2) BOUNDARIES- The Heritage Area shall be comprised of the following areas, as described on the map:
(A) The area encompassing the Baltimore City Heritage Area certified by the Maryland Heritage Areas Authority in October 2001 as part of the Baltimore City Heritage Area Management Action Plan.
(B) The Mount Auburn Cemetery.
(C) The Cylburn Arboretum.
(D) The Middle Branch of the Patapsco River and surrounding shoreline, including—
(i) the Cruise Maryland Terminal;
(ii) new marina construction;
(iii) the National Aquarium Aquatic Life Center;
(iv) the Westport Redevelopment;
(v) the Gwynns Falls Trail;
(vi) the Baltimore Rowing Club; and
(vii) the Masonville Cove Environmental Center.
(3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the Baltimore Heritage Area Association.
(4) LOCAL COORDINATING ENTITY- The Baltimore Heritage Area Association shall be the local coordinating entity for the Heritage Area.
(c) Duties and Authorities of Local Coordinating Entity-
(1) DUTIES OF THE LOCAL COORDINATING ENTITY- To further the purposes of the Heritage Area, the local coordinating entity shall—
(A) prepare, and submit to the Secretary, in accordance with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by—
(i) carrying out programs and projects that recognize, protect, and enhance important resource values within the Heritage Area;
(ii) establishing and maintaining interpretive exhibits and programs within the Heritage Area;
(iii) developing recreational and educational opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources of the Heritage Area;
(v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area;
(vi) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and
(vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Area;
(C) 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;
(D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
(E) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section specifying—
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal year;
(F) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds;
(G) require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development that is consistent with the purposes of the Heritage Area.
(2) AUTHORITIES- The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this section to—
(A) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.
(d) Management Plan-
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(2) REQUIREMENTS- The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the region and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;
(B) take into consideration existing State, county, and local plans in the development and implementation of the management plan;
(C) include a description of actions and commitments that governments, private organizations, and citizens plan to take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the Heritage Area;
(D) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;
(E) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the stories and themes of the region that should be protected, enhanced, managed, or developed;
(F) recommend policies and strategies for resource management including, the development of intergovernmental and interagency agreements to protect the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;
(G) describe a program for implementation of the management plan, including—
(i) performance goals;
(ii) plans for resource protection, enhancement, and interpretation; and
(iii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, business, or individual;
(H) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section;
(I) include an interpretive plan for the Heritage Area; and
(J) include a business plan that—
(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; and
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.
(3) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN-
(A) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.
(B) CONSULTATION REQUIRED- The Secretary shall consult with the Governor of the State and any tribal government in which the Heritage Area is located before approving the management plan.
(C) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, community residents, and recreational organizations;
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area;
(iv) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan.
(D) ACTION FOLLOWING DISAPPROVAL-
(i) IN GENERAL- If the Secretary disapproves the management plan, the Secretary—
(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating entity for revisions to the management plan.
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.
(E) AMENDMENTS-
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary-
(1) TECHNICAL AND FINANCIAL ASSISTANCE-
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).
(C) PRIORITY- In assisting the Heritage Area, the Secretary shall give priority to actions that assist in—
(i) conserving the significant natural, historic, cultural, and scenic resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.
(2) EVALUATION; REPORT-
(A) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (i), the Secretary shall—
(i) conduct an evaluation of the accomplishments of the Heritage Area; and
(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).
(B) EVALUATION- An evaluation conducted under subparagraph (A)(i) shall—
(i) assess the progress of the local coordinating entity with respect to—
(I) accomplishing the purposes of this section for the Heritage Area; and
(II) achieving the goals and objectives of the approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(C) REPORT-
(i) IN GENERAL- Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
(ii) REQUIRED ANALYSIS- If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the recommended reduction or elimination.
(iii) SUBMISSION TO CONGRESS- On completion of a report under this subparagraph, the Secretary shall submit the report to—
(I) the Committee on Energy and Natural Resources of the Senate; and
(II) the Committee on Natural Resources of the House of Representatives.
(f) Relationship to Other Federal Agencies-
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.
(3) OTHER FEDERAL AGENCIES- Nothing in this section—
(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(g) Property Owners and Regulatory Protections- Nothing in this section—
(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2) requires any property owner to—
(A) permit public access (including Federal, tribal, State, or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;
(3) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation of water or water rights;
(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
(h) Authorization of Appropriations-
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
(2) COST-SHARING REQUIREMENT-
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.
(B) FORM- The non-Federal contribution—
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of goods or services fairly valued.
(i) Termination of Effectiveness- The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
SEC. 8006. FREEDOM'S WAY NATIONAL HERITAGE AREA, MASSACHUSETTS AND NEW HAMPSHIRE.edit
(a) Purposes- The purposes of this section are—
(1) to foster a close working relationship between the Secretary and all levels of government, the private sector, and local communities in the States of Massachusetts and New Hampshire;
(2) to assist the entities described in paragraph (1) to preserve the special historic identity of the Heritage Area; and
(3) to manage, preserve, protect, and interpret the cultural, historic, and natural resources of the Heritage Area for the educational and inspirational benefit of future generations.
(b) Definitions- In this section:
(1) HERITAGE AREA- The term `Heritage Area' means the Freedom's Way National Heritage Area established by subsection (c)(1).
(2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the local coordinating entity for the Heritage Area designated by subsection (c)(4).
(3) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area required under subsection (d)(1)(A).
(4) MAP- The term `map' means the map entitled `Freedom's Way National Heritage Area', numbered T04/80,000, and dated July 2007.
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(c) Establishment-
(1) IN GENERAL- There is established the Freedom's Way National Heritage Area in the States of Massachusetts and New Hampshire.
(2) BOUNDARIES-
(A) IN GENERAL- The boundaries of the Heritage Area shall be as generally depicted on the map.
(B) REVISION- The boundaries of the Heritage Area may be revised if the revision is—
(i) proposed in the management plan;
(ii) approved by the Secretary in accordance with subsection (e)(4); and
(iii) placed on file in accordance with paragraph (3).
(3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the local coordinating entity.
(4) LOCAL COORDINATING ENTITY- The Freedom's Way Heritage Association, Inc., shall be the local coordinating entity for the Heritage Area.
(d) Duties and Authorities of Local Coordinating Entity-
(1) DUTIES OF THE LOCAL COORDINATING ENTITY- To further the purposes of the Heritage Area, the local coordinating entity shall—
(A) prepare, and submit to the Secretary, in accordance with subsection (e), a management plan for the Heritage Area;
(B) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by—
(i) carrying out programs and projects that recognize and protect important resource values within the Heritage Area;
(ii) establishing and maintaining interpretive exhibits and programs within the Heritage Area;
(iii) developing recreational and educational opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, natural, historic, and cultural resources of the Heritage Area;
(v) protecting and restoring historic buildings in the Heritage Area that are consistent with the themes of the Heritage Area; and
(vi) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area;
(C) 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;
(D) conduct meetings open to the public at least quarterly regarding the development and implementation of the management plan;
(E) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section specifying—
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal year;
(F) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds;
(G) require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development that is consistent with the purposes of the Heritage Area.
(2) AUTHORITIES- The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this section to—
(A) make grants to the States of Massachusetts and New Hampshire, political subdivisions of the States, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide technical assistance to, the States of Massachusetts and New Hampshire, political subdivisions of the States, nonprofit organizations, Federal agencies, and other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.
(4) USE OF FUNDS FOR NON-FEDERAL PROPERTY- The local coordinating entity may use Federal funds made available under this section to assist non-Federal property that is—
(A) described in the management plan; or
(B) listed, or eligible for listing, on the National Register of Historic Places.
(e) Management Plan-
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(2) REQUIREMENTS- The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area;
(B) take into consideration existing State, county, and local plans in the development and implementation of the management plan;
(C) provide a framework for coordination of the plans considered under subparagraph (B) to present a unified historic preservation and interpretation plan;
(D) contain the contributions of residents, public agencies, and private organizations within the Heritage Area;
(E) include a description of actions and commitments that governments, private organizations, and citizens plan to take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the Heritage Area;
(F) specify existing and potential sources of funding or economic development strategies to conserve, manage, and develop the Heritage Area;
(G) include an inventory of the natural, historic, and recreational resources of the Heritage Area, including a list of properties that—
(i) are related to the themes of the Heritage Area; and
(ii) should be conserved, restored, managed, developed, or maintained;
(H) recommend policies and strategies for resource management that—
(i) apply appropriate land and water management techniques;
(ii) include the development of intergovernmental and interagency agreements to protect the natural, historic, and cultural resources of the Heritage Area; and
(iii) support economic revitalization efforts;
(I) describe a program for implementation of the management plan, including—
(i) restoration and construction plans or goals;
(ii) a program of public involvement;
(iii) annual work plans; and
(iv) annual reports;
(J) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section;
(K) include an interpretive plan for the Heritage Area; and
(L) include a business plan that—
(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; and
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.
(3) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN-
(A) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.
(B) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, community residents, and recreational organizations;
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area;
(iv) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan.
(C) ACTION FOLLOWING DISAPPROVAL-
(i) IN GENERAL- If the Secretary disapproves the management plan, the Secretary—
(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating entity for revisions to the management plan.
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.
(D) AMENDMENTS-
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.
(f) Duties and Authorities of the Secretary-
(1) TECHNICAL AND FINANCIAL ASSISTANCE-
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).
(C) PRIORITY- In assisting the Heritage Area, the Secretary shall give priority to actions that assist in—
(i) conserving the significant natural, historic, and cultural resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.
(2) EVALUATION; REPORT-
(A) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (j), the Secretary shall—
(i) conduct an evaluation of the accomplishments of the Heritage Area; and
(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).
(B) EVALUATION- An evaluation conducted under subparagraph (A)(i) shall—
(i) assess the progress of the local coordinating entity with respect to—
(I) accomplishing the purposes of this section for the Heritage Area; and
(II) achieving the goals and objectives of the approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(C) REPORT-
(i) IN GENERAL- Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
(ii) REQUIRED ANALYSIS- If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the recommended reduction or elimination.
(iii) SUBMISSION TO CONGRESS- On completion of a report under this subparagraph, the Secretary shall submit the report to—
(I) the Committee on Energy and Natural Resources of the Senate; and
(II) the Committee on Natural Resources of the House of Representatives.
(g) Relationship to Other Federal Agencies-
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.
(3) OTHER FEDERAL AGENCIES- Nothing in this section—
(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(h) Property Owners and Regulatory Protections- Nothing in this section—
(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2) requires any property owner to—
(A) permit public access (including Federal, tribal, State, or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;
(3) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation of water or water rights;
(6) diminishes the authority of the States of Massachusetts and New Hampshire to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
(i) Authorization of Appropriations-
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
(2) AVAILABILITY- Funds made available under paragraph (1) shall remain available until expended.
(3) COST-SHARING REQUIREMENT-
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.
(B) FORM- The non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.
(j) Termination of Financial Assistance- The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
SEC. 8007. MISSISSIPPI HILLS NATIONAL HERITAGE AREA.edit
(a) Definitions- In this section:
(1) HERITAGE AREA- The term `Heritage Area' means the Mississippi Hills National Heritage Area established by subsection (b)(1).
(2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the local coordinating entity for Heritage Area designated by subsection (b)(3)(A).
(3) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area required under subsection (c)(1)(A).
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(5) STATE- The term `State' means the State of Mississippi.
(b) Mississippi Hills National Heritage Area-
(1) ESTABLISHMENT- There is established the Mississippi Hills National Heritage Area in the State.
(2) BOUNDARIES-
(A) AFFECTED COUNTIES- The Heritage Area shall consist of all, or portions of, as specified by the boundary description in subparagraph (B), Alcorn, Attala, Benton, Calhoun, Carroll, Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes, Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha Counties in the State.
(B) BOUNDARY DESCRIPTION- The Heritage Area shall have the following boundary description:
(i) traveling counterclockwise, the Heritage Area shall be bounded to the west by U.S. Highway 51 from the Tennessee State line until it intersects Interstate 55 (at Geeslin Corner approximately 1/2 mile due north of Highway Interchange 208);
(ii) from this point, Interstate 55 shall be the western boundary until it intersects with Mississippi Highway 12 at Highway Interchange 156, the intersection of which shall be the southwest terminus of the Heritage Area;
(iii) from the southwest terminus, the boundary shall—
(I) extend east along Mississippi Highway 12 until it intersects U.S. Highway 51;
(II) follow Highway 51 south until it is intersected again by Highway 12;
(III) extend along Highway 12 into downtown Kosciusko where it intersects Mississippi Highway 35;
(IV) follow Highway 35 south until it is intersected by Mississippi Highway 14; and
(V) extend along Highway 14 until it reaches the Alabama State line, the intersection of which shall be the southeast terminus of the Heritage Area;
(iv) from the southeast terminus, the boundary of the Heritage Area shall follow the Mississippi-Alabama State line until it reaches the Mississippi-Tennessee State line, the intersection of which shall be the northeast terminus of the Heritage Area; and
(v) the boundary shall extend due west until it reaches U.S. Highway 51, the intersection of which shall be the northwest terminus of the Heritage Area.
(3) LOCAL COORDINATING ENTITY-
(A) IN GENERAL- The local coordinating entity for the Heritage Area shall be the Mississippi Hills Heritage Area Alliance, a nonprofit organization registered by the State, with the cooperation and support of the University of Mississippi.
(B) BOARD OF DIRECTORS-
(i) IN GENERAL- The local coordinating entity shall be governed by a Board of Directors comprised of not more than 30 members.
(ii) COMPOSITION- Members of the Board of Directors shall consist of—
(I) not more than 1 representative from each of the counties described in paragraph (2)(A); and
(II) any ex-officio members that may be appointed by the Board of Directors, as the Board of Directors determines to be necessary.
(c) Duties and Authorities of Local Coordinating Entity-
(1) DUTIES OF THE LOCAL COORDINATING ENTITY- To further the purposes of the Heritage Area, the local coordinating entity shall—
(A) prepare, and submit to the Secretary, in accordance with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by—
(i) establishing and maintaining interpretive exhibits and programs within the Heritage Area;
(ii) developing recreational opportunities in the Heritage Area;
(iii) increasing public awareness of, and appreciation for, natural, historical, cultural, archaeological, and recreational resources of the Heritage Area;
(iv) restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area; and
(v) carrying out any other activity that the local coordinating entity determines to be consistent with this section;
(C) conduct meetings open to the public at least annually regarding the development and implementation of the management plan;
(D) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section specifying—
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal year;
(E) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds;
(F) require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; and
(G) ensure that each county included in the Heritage Area is appropriately represented on any oversight advisory committee established under this section to coordinate the Heritage Area.
(2) AUTHORITIES- The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this section to—
(A) make grants and loans to the State, political subdivisions of the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, and other organizations;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program; and
(E) contract for goods or services.
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.
(d) Management Plan-
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(2) REQUIREMENTS- The management plan for the Heritage Area shall—
(A) provide recommendations for the preservation, conservation, enhancement, funding, management, interpretation, development, and promotion of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area;
(B) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;
(C) include—
(i) an inventory of the natural, historical, cultural, archaeological, and recreational resources of the Heritage Area; and
(ii) an analysis of how Federal, State, tribal, and local programs may best be coordinated to promote and carry out this section;
(D) provide recommendations for educational and interpretive programs to provide information to the public on the resources of the Heritage Area; and
(E) involve residents of affected communities and tribal and local governments.
(3) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN-
(A) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.
(B) CONSULTATION REQUIRED- The Secretary shall consult with the Governor of the State and any tribal government in which the Heritage Area is located before approving the management plan.
(C) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historical resource protection organizations, educational institutions, businesses, community residents, and recreational organizations;
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately protect the natural, historical, cultural, archaeological, and recreational resources of the Heritage Area;
(iv) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan.
(D) ACTION FOLLOWING DISAPPROVAL-
(i) IN GENERAL- If the Secretary disapproves the management plan, the Secretary—
(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating entity for revisions to the management plan.
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.
(E) REVIEW; AMENDMENTS-
(i) IN GENERAL- After approval by the Secretary of the management plan, the Alliance shall periodically—
(I) review the management plan; and
(II) submit to the Secretary, for review and approval by the Secretary, any recommendations for revisions to the management plan.
(ii) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.
(iii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary-
(1) TECHNICAL AND FINANCIAL ASSISTANCE-
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).
(C) PRIORITY- In assisting the Heritage Area, the Secretary shall give priority to actions that assist in—
(i) conserving the significant natural, historical, cultural, archaeological, and recreational resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.
(2) EVALUATION; REPORT-
(A) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (i), the Secretary shall—
(i) conduct an evaluation of the accomplishments of the Heritage Area; and
(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).
(B) EVALUATION- An evaluation conducted under subparagraph (A)(i) shall—
(i) assess the progress of the local coordinating entity with respect to—
(I) accomplishing the purposes of this section for the Heritage Area; and
(II) achieving the goals and objectives of the approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(C) REPORT-
(i) IN GENERAL- Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
(ii) REQUIRED ANALYSIS- If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the recommended reduction or elimination.
(iii) SUBMISSION TO CONGRESS- On completion of a report under this subparagraph, the Secretary shall submit the report to—
(I) the Committee on Energy and Natural Resources of the Senate; and
(II) the Committee on Natural Resources of the House of Representatives.
(f) Relationship to Other Federal Agencies-
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.
(3) OTHER FEDERAL AGENCIES- Nothing in this section—
(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(g) Effect-
(1) PROPERTY OWNERS AND REGULATORY PROTECTIONS- Nothing in this section—
(A) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(B) requires any property owner to—
(i) permit public access (including Federal, tribal, State, or local government access) to the property; or
(ii) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;
(C) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;
(D) conveys any land use or other regulatory authority to the local coordinating entity;
(E) authorizes or implies the reservation or appropriation of water or water rights;
(F) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
(G) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
(2) NO EFFECT ON INDIAN TRIBES- Nothing in this section—
(A) restricts an Indian tribe from protecting cultural or religious sites on tribal land; or
(B) diminishes the trust responsibilities or government-to-government obligations of the United States to any Indian tribe recognized by the Federal Government.
(h) Authorization of Appropriations-
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
(2) AVAILABILITY- Amounts made available under paragraph (1) shall remain available until expended.
(3) COST-SHARING REQUIREMENT-
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.
(B) FORM- The non-Federal contribution—
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of goods or services fairly valued.
(i) Termination of Financial Assistance- The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA.edit
(a) Definitions- In this section:
(1) BOARD- The term `Board' means the Board of Directors of the local coordinating entity.
(2) HERITAGE AREA- The term `Heritage Area' means the Mississippi Delta National Heritage Area established by subsection (b)(1).
(3) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the local coordinating entity for the Heritage Area designated by subsection (b)(4)(A).
(4) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area developed under subsection (d).
(5) MAP- The term `map' means the map entitled `Mississippi Delta National Heritage Area', numbered T13/80,000, and dated April 2008.
(6) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(7) STATE- The term `State' means the State of Mississippi.
(b) Establishment-
(1) ESTABLISHMENT- There is established in the State the Mississippi Delta National Heritage Area.
(2) BOUNDARIES- The Heritage Area shall include all counties in the State that contain land located in the alluvial floodplain of the Mississippi Delta, including Bolivar, Carroll, Coahoma, Desoto, Holmes, Humphreys, Issaquena, Leflore, Panola, Quitman, Sharkey, Sunflower, Tallahatchie, Tate, Tunica, Warren, Washington, and Yazoo Counties in the State, as depicted on the map.
(3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the office of the Director of the National Park Service.
(4) LOCAL COORDINATING ENTITY-
(A) DESIGNATION- The Mississippi Delta National Heritage Area Partnership shall be the local coordinating entity for the Heritage Area.
(B) BOARD OF DIRECTORS-
(i) COMPOSITION-
(I) IN GENERAL- The local coordinating entity shall be governed by a Board of Directors composed of 15 members, of whom—
(aa) 1 member shall be appointed by Delta State University;
(bb) 1 member shall be appointed by Mississippi Valley State University;
(cc) 1 member shall be appointed by Alcorn State University;
(dd) 1 member shall be appointed by the Delta Foundation;
(ee) 1 member shall be appointed by the Smith Robertson Museum;
(ff) 1 member shall be appointed from the office of the Governor of the State;
(gg) 1 member shall be appointed by Delta Council;
(hh) 1 member shall be appointed from the Mississippi Arts Commission;
(ii) 1 member shall be appointed from the Mississippi Department of Archives and History;
(jj) 1 member shall be appointed from the Mississippi Humanities Council; and
(kk) up to 5 additional members shall be appointed for staggered 1- and 2-year terms by County boards in the Heritage Area.
(II) RESIDENCY REQUIREMENTS- At least 7 members of the Board shall reside in the Heritage Area.
(ii) OFFICERS-
(I) IN GENERAL- At the initial meeting of the Board, the members of the Board shall appoint a Chairperson, Vice Chairperson, and Secretary/Treasurer.
(II) DUTIES-
(aa) CHAIRPERSON- The duties of the Chairperson shall include—
(AA) presiding over meetings of the Board;
(BB) executing documents of the Board; and
(CC) coordinating activities of the Heritage Area with Federal, State, local, and nongovernmental officials.
(bb) VICE CHAIRPERSON- The Vice Chairperson shall act as Chairperson in the absence or disability of the Chairperson.
(iii) MANAGEMENT AUTHORITY-
(I) IN GENERAL- The Board shall—
(aa) exercise all corporate powers of the local coordinating entity;
(bb) manage the activities and affairs of the local coordinating entity; and
(cc) subject to any limitations in the articles and bylaws of the local coordinating entity, this section, and any other applicable Federal or State law, establish the policies of the local coordinating entity.
(II) STAFF- The Board shall have the authority to employ any services and staff that are determined to be necessary by a majority vote of the Board.
(iv) BYLAWS-
(I) IN GENERAL- The Board may amend or repeal the bylaws of the local coordinating entity at any meeting of the Board by a majority vote of the Board.
(II) NOTICE- The Board shall provide notice of any meeting of the Board at which an amendment to the bylaws is to be considered that includes the text or a summary of the proposed amendment.
(v) MINUTES- Not later than 60 days after a meeting of the Board, the Board shall distribute the minutes of the meeting among all Board members and the county supervisors in each county within the Heritage Area.
(c) Duties and Authorities of Local Coordinating Entity-
(1) DUTIES OF THE LOCAL COORDINATING ENTITY- To further the purposes of the Heritage Area, the local coordinating entity shall—
(A) prepare, and submit to the Secretary, in accordance with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by—
(i) carrying out programs and projects that recognize, protect, and enhance important resource values within the Heritage Area;
(ii) establishing and maintaining interpretive exhibits and programs within the Heritage Area;
(iii) developing recreational and educational opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources of the Heritage Area;
(v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area;
(vi) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and
(vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Area;
(C) 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;
(D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
(E) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section specifying—
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal year;
(F) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds;
(G) require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development that is consistent with the purposes of the Heritage Area.
(2) AUTHORITIES- The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this section to—
(A) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.
(d) Management Plan-
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(2) REQUIREMENTS- The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the region and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;
(B) take into consideration existing State, county, and local plans in the development and implementation of the management plan;
(C) include a description of actions and commitments that governments, private organizations, and citizens plan to take to protect, enhance, and interpret the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area;
(D) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;
(E) include an inventory of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area relating to the stories and themes of the region that should be protected, enhanced, managed, or developed;
(F) recommend policies and strategies for resource management including, the development of intergovernmental and interagency agreements to protect the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;
(G) describe a program for implementation of the management plan, including—
(i) performance goals;
(ii) plans for resource protection, enhancement, and interpretation; and
(iii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, business, or individual;
(H) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section;
(I) include an interpretive plan for the Heritage Area; and
(J) include a business plan that—
(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; and
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.
(3) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN-
(A) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.
(B) CONSULTATION REQUIRED- The Secretary shall consult with the Governor of the State and any tribal government in which the Heritage Area is located before approving the management plan.
(C) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, community residents, and recreational organizations;
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately protect the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area;
(iv) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan.
(D) ACTION FOLLOWING DISAPPROVAL-
(i) IN GENERAL- If the Secretary disapproves the management plan, the Secretary—
(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating entity for revisions to the management plan.
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.
(E) AMENDMENTS-
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary-
(1) TECHNICAL AND FINANCIAL ASSISTANCE-
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).
(C) PRIORITY- In assisting the Heritage Area, the Secretary shall give priority to actions that assist in—
(i) conserving the significant cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.
(D) PROHIBITION OF CERTAIN REQUIREMENTS- The Secretary may not, as a condition of the provision of technical or financial assistance under this subsection, require any recipient of the assistance to impose or modify any land use restriction or zoning ordinance.
(2) EVALUATION; REPORT-
(A) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (i), the Secretary shall—
(i) conduct an evaluation of the accomplishments of the Heritage Area; and
(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).
(B) EVALUATION- An evaluation conducted under subparagraph (A)(i) shall—
(i) assess the progress of the local coordinating entity with respect to—
(I) accomplishing the purposes of this section for the Heritage Area; and
(II) achieving the goals and objectives of the approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(C) REPORT-
(i) IN GENERAL- Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
(ii) REQUIRED ANALYSIS- If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the recommended reduction or elimination.
(iii) SUBMISSION TO CONGRESS- On completion of a report under this subparagraph, the Secretary shall submit the report to—
(I) the Committee on Energy and Natural Resources of the Senate; and
(II) the Committee on Natural Resources of the House of Representatives.
(f) Relationship to Other Federal Agencies-
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.
(3) OTHER FEDERAL AGENCIES- Nothing in this section—
(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(g) Property Owners and Regulatory Protections- Nothing in this section—
(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2) requires any property owner to—
(A) permit public access (including Federal, tribal, State, or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;
(3) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation of water or water rights;
(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area;
(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property;
(8) restricts an Indian tribe from protecting cultural or religious sites on tribal land; or
(9) diminishes the trust responsibilities of government-to-government obligations of the United States of any federally recognized Indian tribe.
(h) Authorization of Appropriations-
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
(2) COST-SHARING REQUIREMENT-
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.
(B) FORM- The non-Federal contribution—
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of goods or services fairly valued.
(i) Termination of Financial Assistance- The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA.edit
(a) Purposes- The purposes of this section are—
(1) to preserve, support, conserve, and interpret the legacy of the region represented by the Heritage Area as described in the feasibility study prepared by the National Park Service;
(2) to promote heritage, cultural, and recreational tourism, and to develop educational and cultural programs for visitors and the general public;
(3) to recognize and interpret important events and geographic locations representing key developments in the growth of the United States, including the Native American, Colonial American, European American, and African American heritage;
(4) to recognize and interpret the manner by which the distinctive geography of the region has shaped the development of the settlement, defense, transportation, commerce, and culture of the region;
(5) to provide a cooperative management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the region to identify, preserve, interpret, and develop the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; and
(6) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the Heritage Area.
(b) Definitions- In this section:
(1) HERITAGE AREA- The term `Heritage Area' means the Muscle Shoals National Heritage Area established by subsection (c)(1).
(2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the Muscle Shoals Regional Center, the local coordinating entity for the Heritage Area designated by subsection (c)(4).
(3) MANAGEMENT PLAN- The term `management plan' means the plan for the Heritage Area required under subsection (d)(1)(A).
(4) MAP- The term `map' means the map entitled `Muscle Shoals National Heritage Area', numbered T08/80,000, and dated October 2007.
(5) STATE- The term `State' means the State of Alabama.
(c) Establishment-
(1) IN GENERAL- There is established the Muscle Shoals National Heritage Area in the State.
(2) BOUNDARIES- The Heritage Area shall be comprised of the following areas, as depicted on the map:
(A) The Counties of Colbert, Franklin, Lauderdale, Lawrence, Limestone, and Morgan, Alabama.
(B) The Wilson Dam.
(C) The Handy Home.
(D) The birthplace of Helen Keller.
(3) AVAILABILITY MAP- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the local coordinating entity.
(4) LOCAL COORDINATING ENTITY- The Muscle Shoals Regional Center shall be the local coordinating entity for the Heritage Area.
(d) Duties and Authorities of Local Coordinating Entity-
(1) DUTIES OF THE LOCAL COORDINATING ENTITY- To further the purposes of the Heritage Area, the local coordinating entity shall—
(A) prepare, and submit to the Secretary, in accordance with subsection (e), a management plan for the Heritage Area;
(B) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section specifying—
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; and
(v) grants made to any other entities during the fiscal year;
(C) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds;
(D) encourage, by appropriate means, economic development that is consistent with the purposes of the Heritage Area; and
(E) serve as a catalyst for the implementation of projects and programs among diverse partners in the Heritage Area.
(2) AUTHORITIES- The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this section to—
(A) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;
(C) hire and compensate staff, including individuals with expertise in—
(i) natural, historical, cultural, educational, scenic, and recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.
(e) Management Plan-
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(2) REQUIREMENTS- The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;
(B) include a description of actions and commitments that Federal, State, tribal, and local governments, private organizations, and citizens plan to take to protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;
(C) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the stories and themes of the Heritage Area that should be protected, enhanced, interpreted, managed, funded, or developed;
(E) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;
(F) describe a program for implementation of the management plan, including—
(i) performance goals;
(ii) plans for resource protection, enhancement, interpretation, funding, management, and development; and
(iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government agency, organization, business, or individual;
(G) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section; and
(H) include a business plan that—
(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; and
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.
(3) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to develop the management plan, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN-
(A) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.
(B) CONSULTATION REQUIRED- The Secretary shall consult with the Governor of the State in which the Heritage Area is located before approving the management plan.
(C) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including Federal, State, tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, community residents, recreational organizations, and private property owners;
(ii) the local coordinating entity—
(I) has afforded adequate opportunity for public and Federal, State, tribal, and local governmental involvement (including through workshops and public meetings) in the preparation of the management plan; and
(II) provides for at least semiannual public meetings to ensure adequate implementation of the management plan;
(iii) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, scenic, and recreational resources of the Heritage Area;
(iv) the management plan would not adversely affect any activities authorized on Federal land under applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan;
(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan; and
(vii) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, tribal, and local governments, regional planning organizations, nonprofit organizations, and private sector parties for implementation of the management plan.
(D) DISAPPROVAL-
(i) IN GENERAL- If the Secretary disapproves the management plan, the Secretary—
(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating entity for revisions to the management plan.
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.
(E) AMENDMENTS-
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized by this section to implement an amendment to the management plan until the Secretary approves the amendment.
(F) AUTHORITIES- The Secretary may—
(i) provide technical assistance under the authority of this section for the development and implementation of the management plan; and
(ii) enter into cooperative agreements with interested parties to carry out this section.
(f) Duties and Authorities of the Secretary-
(1) TECHNICAL AND FINANCIAL ASSISTANCE-
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).
(2) EVALUATION; REPORT-
(A) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (j), the Secretary shall—
(i) conduct an evaluation of the accomplishments of the Heritage Area; and
(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).
(B) EVALUATION- An evaluation conducted under subparagraph (A)(i) shall—
(i) assess the progress of the local coordinating entity with respect to—
(I) accomplishing the purposes of this section for the Heritage Area; and
(II) achieving the goals and objectives of the approved management plan for the Heritage Area;
(ii) analyze the Federal, State, tribal, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(C) REPORT-
(i) IN GENERAL- Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
(ii) REQUIRED ANALYSIS- If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the recommended reduction or elimination.
(iii) SUBMISSION TO CONGRESS- On completion of a report under this subparagraph, the Secretary shall submit the report to—
(I) the Committee on Energy and Natural Resources of the Senate; and
(II) the Committee on Natural Resources of the House of Representatives.
(g) Relationship to Other Federal Agencies-
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.
(3) OTHER FEDERAL AGENCIES- Nothing in this section—
(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(h) Property Owners and Regulatory Protections- Nothing in this section—
(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2) requires any property owner to—
(A) permit public access (including Federal, tribal, State, or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;
(3) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation of water or water rights;
(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
(i) Authorization of Appropriations-
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
(2) AVAILABILITY- Funds made available under paragraph (1) shall remain available until expended.
(3) COST-SHARING REQUIREMENT-
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.
(B) FORM- The non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.
(4) USE OF FEDERAL FUNDS FROM OTHER SOURCES- Nothing in this section precludes the local coordinating entity from using Federal funds available under provisions of law other than this section for the purposes for which those funds were authorized.
(j) Termination of Effectiveness- The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE AREA, ALASKA.edit
(a) Definitions- In this section:
(1) HERITAGE AREA- The term `Heritage Area' means the Kenai Mountains-Turnagain Arm National Heritage Area established by subsection (b)(1).
(2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the Kenai Mountains-Turnagain Arm Corridor Communities Association.
(3) MANAGEMENT PLAN- The term `management plan' means the plan prepared by the local coordinating entity for the Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the Heritage Area, in accordance with this section.
(4) MAP- The term `map' means the map entitled `Proposed Kenai Mountains-Turnagain Arm NHA' and dated August 7, 2007.
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(b) Designation of the Kenai Mountains-Turnagain Arm National Heritage Area-
(1) ESTABLISHMENT- There is established the Kenai Mountains-Turnagain Arm National Heritage Area.
(2) BOUNDARIES- The Heritage Area shall be comprised of the land in the Kenai Mountains and upper Turnagain Arm region, as generally depicted on the map.
(3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in—
(A) the appropriate offices of the Forest Service, Chugach National Forest;
(B) the Alaska Regional Office of the National Park Service; and
(C) the office of the Alaska State Historic Preservation Officer.
(c) Management Plan-
(1) LOCAL COORDINATING ENTITY- The local coordinating entity, in partnership with other interested parties, shall develop a management plan for the Heritage Area in accordance with this section.
(2) REQUIREMENTS- The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies, and recommendations for use in—
(i) telling the story of the heritage of the area covered by the Heritage Area; and
(ii) encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;
(B) include a description of actions and commitments that the Federal Government, State, tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area;
(C) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the national importance and themes of the Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;
(E) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area;
(F) describe a program for implementation for the management plan, including—
(i) performance goals;
(ii) plans for resource protection, enhancement, interpretation, funding, management, and development; and
(iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government agency, organization, business, or individual;
(G) include an analysis of, and recommendations for, means by which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service, the Forest Service, and other Federal agencies associated with the Heritage Area) to further the purposes of this section; and
(H) include a business plan that—
(i) describes the role, operation, financing, and functions of the local coordinating entity and each of the major activities contained in the management plan; and
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.
(3) DEADLINE-
(A) IN GENERAL- Not later than 3 years after the date on which funds are first made available to develop the management plan after the date of enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval.
(B) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with subparagraph (A), the local coordinating entity shall not qualify for any additional financial assistance under this section until such time as the management plan is submitted to and approved by the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN-
(A) REVIEW- Not later than 180 days after receiving the management plan under paragraph (3), the Secretary shall review and approve or disapprove the management plan for a Heritage Area on the basis of the criteria established under subparagraph (C).
(B) CONSULTATION- The Secretary shall consult with the Governor of the State in which the Heritage Area is located before approving a management plan for the Heritage Area.
(C) CRITERIA FOR APPROVAL- In determining whether to approve a management plan for the Heritage Area, the Secretary shall consider whether—
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including the Federal Government, State, tribal, and local governments, natural and historical resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;
(ii) the local coordinating entity—
(I) has afforded adequate opportunity for public and Federal, State, tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and
(II) provides for at least semiannual public meetings to ensure adequate implementation of the management plan;
(iii) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area;
(iv) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;
(v) the local coordinating entity has demonstrated the financial capability, in partnership with other interested parties, to carry out the plan;
(vi) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local elements of the management plan; and
(vii) the management plan demonstrates partnerships among the local coordinating entity, Federal Government, State, tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.
(D) DISAPPROVAL-
(i) IN GENERAL- If the Secretary disapproves the management plan, the Secretary—
(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating entity for revisions to the management plan.
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.
(E) AMENDMENTS-
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized by this section to implement an amendment to the management plan until the Secretary approves the amendment.
(F) AUTHORITIES- The Secretary may—
(i) provide technical assistance under the authority of this section for the development and implementation of the management plan; and
(ii) enter into cooperative agreements with interested parties to carry out this section.
(d) Evaluation; Report-
(1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under this section, the Secretary shall—
(A) conduct an evaluation of the accomplishments of the Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall—
(A) assess the progress of the local coordinating entity with respect to—
(i) accomplishing the purposes of the authorizing legislation for the Heritage Area; and
(ii) achieving the goals and objectives of the approved management plan for the Heritage Area;
(B) analyze the Federal, State, tribal, local, and private investments in the Heritage Area to determine the impact of the investments; and
(C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(3) REPORT- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
(e) Local Coordinating Entity-
(1) DUTIES- To further the purposes of the Heritage Area, in addition to developing the management plan for the Heritage Area under subsection (c), the local coordinating entity shall—
(A) serve to facilitate and expedite the implementation of projects and programs among diverse partners in the Heritage Area;
(B) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section, specifying—
(i) the specific performance goals and accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources of the leveraging; and
(v) grants made to any other entities during the fiscal year;
(C) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds; and
(D) encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area.
(2) AUTHORITIES- For the purpose of preparing and implementing the approved management plan for the Heritage Area under subsection (c), the local coordinating entity may use Federal funds made available under this section—
(A) to make grants to political jurisdictions, nonprofit organizations, and other parties within the Heritage Area;
(B) to enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;
(C) to hire and compensate staff, including individuals with expertise in—
(i) natural, historical, cultural, educational, scenic, and recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) to obtain funds or services from any source, including other Federal programs;
(E) to enter into contracts for goods or services; and
(F) to support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds authorized under this section to acquire any interest in real property.
(f) Relationship to Other Federal Agencies-
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other provision of law.
(2) CONSULTATION AND COORDINATION- The head of any Federal agency planning to conduct activities that may have an impact on a Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity, to the maximum extent practicable.
(3) OTHER FEDERAL AGENCIES- Nothing in this section—
(A) modifies, alters, or amends any law (including a regulation) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a Heritage Area; or
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
(g) Private Property and Regulatory Protections- Nothing in this section—
(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
(2) requires any property owner to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, tribal, or local law;
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority (such as the authority to make safety improvements or increase the capacity of existing roads or to construct new roads) of any Federal, State, tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including development and management of energy or water or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation of water or water rights;
(5) diminishes the authority of any State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
(6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
(h) Funding-
(1) AUTHORIZATION OF APPROPRIATIONS- Subject to paragraph (2), there is authorized to be appropriated to carry out this section $1,000,000 for each fiscal year, to remain available until expended.
(2) LIMITATION ON TOTAL AMOUNTS APPROPRIATED- Not more than a total of $10,000,000 may be made available to carry out this section.
(3) COST-SHARING-
(A) IN GENERAL- The Federal share of the total cost of any activity carried out under this section shall not exceed 50 percent.
(B) FORM OF NON-FEDERAL SHARE- The non-Federal share of the cost of any activity carried out under this section may be provided in the form of in-kind contributions of goods or services fairly valued.
(i) Termination of Authority- The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA.edit
(a) Definitions- In this section:
(1) CORRIDOR- The term `Corridor' means the Chattahoochee Trace National Heritage Corridor.
(2) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(3) STUDY AREA- The term `study area' means the study area described in subsection (b)(2).
(b) Study-
(1) IN GENERAL- The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, and other appropriate organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Chattahoochee Trace National Heritage Corridor.
(2) STUDY AREA- The study area includes—
(A) the portion of the Apalachicola-Chattahoochee-Flint River Basin and surrounding areas, as generally depicted on the map entitled `Chattahoochee Trace National Heritage Corridor, Alabama/Georgia', numbered T05/80000, and dated July 2007; and
(B) any other areas in the State of Alabama or Georgia that—
(i) have heritage aspects that are similar to the areas depicted on the map described in subparagraph (A); and
(ii) are adjacent to, or in the vicinity of, those areas.
(3) REQUIREMENTS- The study shall include analysis, documentation, and determinations on whether the study area—
(A) has an assemblage of natural, historic, and cultural resources that—
(i) represent distinctive aspects of the heritage of the United States;
(ii) are worthy of recognition, conservation, interpretation, and continuing use; and
(iii) would be best managed—
(I) through partnerships among public and private entities; and
(II) by linking diverse and sometimes noncontiguous resources and active communities;
(B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States;
(C) provides—
(i) outstanding opportunities to conserve natural, historic, cultural, or scenic features; and
(ii) outstanding recreational and educational opportunities;
(D) contains resources that—
(i) are important to any identified themes of the study area; and
(ii) retain a degree of integrity capable of supporting interpretation;
(E) includes residents, business interests, nonprofit organizations, and State and local governments that—
(i) are involved in the planning of the Corridor;
(ii) have developed a conceptual financial plan that outlines the roles of all participants in the Corridor, including the Federal Government; and
(iii) have demonstrated support for the designation of the Corridor;
(F) has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the Corridor while encouraging State and local economic activity; and
(G) has a conceptual boundary map that is supported by the public.
(c) Report- Not later than the 3rd fiscal year after the date on which funds are first made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes—
(1) the findings of the study; and
(2) any conclusions and recommendations of the Secretary.
(1) PROPOSED HERITAGE AREA- The term `proposed Heritage Area' means the proposed Northern Neck National Heritage Area.
(2) STATE- The term `State' means the State of Virginia.
(3) STUDY AREA- The term `study area' means the area that is comprised of—
(A) the area of land located between the Potomac and Rappahannock rivers of the eastern coastal region of the State;
(B) Westmoreland, Northumberland, Richmond, King George, and Lancaster Counties of the State; and
(C) any other area that—
(i) has heritage aspects that are similar to the heritage aspects of the areas described in subparagraph (A) or (B); and
(ii) is located adjacent to, or in the vicinity of, those areas.
(b) Study-
(1) IN GENERAL- In accordance with paragraphs (2) and (3), the Secretary, in consultation with appropriate State historic preservation officers, State historical societies, and other appropriate organizations, shall conduct a study to determine the suitability and feasibility of designating the study area as the Northern Neck National Heritage Area.
(2) REQUIREMENTS- The study shall include analysis, documentation, and determinations on whether the study area—
(A) has an assemblage of natural, historical, cultural, educational, scenic, or recreational resources that together are nationally important to the heritage of the United States;
(B) represents distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use;
(C) is best managed as such an assemblage through partnerships among public and private entities at the local or regional level;
(D) reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States;
(E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features;
(F) provides outstanding recreational or educational opportunities;
(G) contains resources and has traditional uses that have national importance;
(H) includes residents, business interests, nonprofit organizations, and appropriate Federal agencies and State and local governments that are involved in the planning of, and have demonstrated significant support for, the designation and management of the proposed Heritage Area;
(I) has a proposed local coordinating entity that is responsible for preparing and implementing the management plan developed for the proposed Heritage Area;
(J) with respect to the designation of the study area, has the support of the proposed local coordinating entity and appropriate Federal agencies and State and local governments, each of which has documented the commitment of the entity to work in partnership with each other entity to protect, enhance, interpret, fund, manage, and develop the resources located in the study area;
(K) through the proposed local coordinating entity, has developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government) in the management of the proposed Heritage Area;
(L) has a proposal that is consistent with continued economic activity within the area; and
(M) has a conceptual boundary map that is supported by the public and appropriate Federal agencies.
(3) ADDITIONAL CONSULTATION REQUIREMENT- In conducting the study under paragraph (1), the Secretary shall—
(A) consult with the managers of any Federal land located within the study area; and
(B) before making any determination with respect to the designation of the study area, secure the concurrence of each manager with respect to each finding of the study.
(c) Determination-
(1) IN GENERAL- The Secretary, in consultation with the Governor of the State, shall review, comment on, and determine if the study area meets each requirement described in subsection (b)(2) for designation as a national heritage area.
(2) REPORT-
(A) IN GENERAL- Not later than 3 fiscal years after the date on which funds are first made available to carry out the study, the Secretary shall submit a report describing the findings, conclusions, and recommendations of the study to—
(i) the Committee on Energy and Natural Resources of the Senate; and
(ii) the Committee on Natural Resources of the House of Representatives.
(B) REQUIREMENTS-
(i) IN GENERAL- The report shall contain—
(I) any comments that the Secretary has received from the Governor of the State relating to the designation of the study area as a national heritage area; and
(II) a finding as to whether the study area meets each requirement described in subsection (b)(2) for designation as a national heritage area.
(ii) DISAPPROVAL- If the Secretary determines that the study area does not meet any requirement described in subsection (b)(2) for designation as a national heritage area, the Secretary shall include in the report a description of each reason for the determination.
Subtitle C—Amendments Relating to National Heritage Corridorsedit
SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL HERITAGE CORRIDOR.edit
`(1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Corridor, the Secretary shall—
`(A) conduct an evaluation of the accomplishments of the Corridor; and
`(B) prepare a report in accordance with paragraph (3).
`(2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall—
`(A) assess the progress of the management entity with respect to—
`(i) accomplishing the purposes of this title for the Corridor; and
`(ii) achieving the goals and objectives of the management plan for the Corridor;
`(B) analyze the Federal, State, local, and private investments in the Corridor to determine the leverage and impact of the investments; and
`(C) review the management structure, partnership relationships, and funding of the Corridor for purposes of identifying the critical components for sustainability of the Corridor.
`(3) REPORT-
`(A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Corridor.
`(B) REQUIRED ANALYSIS- If the report prepared under subparagraph (A) recommends that Federal funding for the Corridor be reauthorized, the report shall include an analysis of—
`(i) ways in which Federal funding for the Corridor may be reduced or eliminated; and
`(ii) the appropriate time period necessary to achieve the recommended reduction or elimination.
`(C) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to—
`(i) the Committee on Energy and Natural Resources of the Senate; and
`(ii) the Committee on Natural Resources of the House of Representatives.'.
(A) by striking `The Commission' and inserting the following:
`(a) In General- The Commission'; and
(B) by adding at the end the following:
`(b) Corporation as Local Coordinating Entity- Beginning on the date of enactment of the Omnibus Public Land Management Act of 2009, the Corporation shall be the local coordinating entity for the Corridor.
`(c) Implementation of Management Plan- The Corporation shall assume the duties of the Commission for the implementation of the Plan.
`(d) Use of Funds- The Corporation may use Federal funds made available under this Act—
`(1) to make grants to, and enter into cooperative agreements with, the Federal Government, the Commonwealth, political subdivisions of the Commonwealth, nonprofit organizations, and individuals;
`(2) to hire, train, and compensate staff; and
`(3) to enter into contracts for goods and services.
`(e) Restriction on Use of Funds- The Corporation may not use Federal funds made available under this Act to acquire land or an interest in land.';
(2) in section 10—
(A) in the first sentence of subsection (c), by striking `shall assist the Commission' and inserting `shall, on the request of the Corporation, assist';
(B) in subsection (d)—
(i) by striking `Commission' each place it appears and inserting `Corporation';
(ii) by striking `The Secretary' and inserting the following:
`(1) IN GENERAL- The Secretary'; and
(iii) by adding at the end the following:
`(2) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the Corporation and other public or private entities for the purpose of providing technical assistance and grants under paragraph (1).
`(3) PRIORITY- In providing assistance to the Corporation under paragraph (1), the Secretary shall give priority to activities that assist in—
`(A) conserving the significant natural, historic, cultural, and scenic resources of the Corridor; and
`(B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Corridor.'; and
(C) by adding at the end the following:
`(e) Transition Memorandum of Understanding- The Secretary shall enter into a memorandum of understanding with the Corporation to ensure—
`(1) appropriate transition of management of the Corridor from the Commission to the Corporation; and
`(2) coordination regarding the implementation of the Plan.';
(3) in section 11, in the matter preceding paragraph (1), by striking `directly affecting';
(4) in section 12—
(A) in subsection (a), by striking `Commission' each place it appears and inserting `Corporation';
(B) in subsection (c)(1), by striking `2007' and inserting `2012'; and
(C) by adding at the end the following:
`(d) Termination of Assistance- The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 5 years after the date of enactment of this subsection.'; and
(5) in section 14—
(A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
`(4) the term `Corporation' means the Delaware & Lehigh National Heritage Corridor, Incorporated, an organization described in section 501(c)(3), and exempt from Federal tax under section 501(a), of the Internal Revenue Code of 1986;'.
SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.edit
(i) in the matter preceding paragraph (1), by striking `27' and inserting `at least 21 members, but not more than 27';
(ii) in paragraph (2), by striking `Environment' and inserting `Environmental'; and
(iii) in paragraph (3)—
(I) in the matter preceding subparagraph (A), by striking `19';
(II) by striking subparagraph (A);
(III) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively;
(IV) in subparagraph (B) (as redesignated by subclause (III)), by striking the second sentence; and
(V) by inserting after subparagraph (B) (as redesignated by subclause (III)) the following:
`(C) The remaining members shall be—
`(i) appointed by the Secretary, based on recommendations from each member of the House of Representatives, the district of which encompasses the Corridor; and
`(ii) persons that are residents of, or employed within, the applicable congressional districts.';
(B) in subsection (f), by striking `Fourteen members of the Commission' and inserting `A majority of the serving Commissioners';
(C) in subsection (g), by striking `14 of its members' and inserting `a majority of the serving Commissioners';
(D) in subsection (h), by striking paragraph (4) and inserting the following:
`(4)(A) to appoint any staff that may be necessary to carry out the duties of the Commission, subject to the provisions of title 5, United States Code, relating to appointments in the competitive service; and
`(B) to fix the compensation of the staff, in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to the classification of positions and General Schedule pay rates;'; and
(E) in subsection (j), by striking `10 years' and inserting `15 years';
(2) in section 807—
(A) in subsection (e), by striking `with regard to the preparation and approval of the Canalway Plan'; and
(B) by adding at the end the following:
`(f) Operational Assistance- Subject to the availability of appropriations, the Superintendent of Saratoga National Historical Park may, on request, provide to public and private organizations in the Corridor (including the Commission) any operational assistance that is appropriate to assist with the implementation of the Canalway Plan.'; and
(3) in section 810(a)(1), in the first sentence, by striking `any fiscal year' and inserting `any fiscal year, to remain available until expended'.
SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR.edit
Section 3(b)(2) of Public Law 99-647 (16 U.S.C. 461 note; 100 Stat. 3626, 120 Stat. 1857) is amended—
(1) by striking `shall be the the' and inserting `shall be the'; and
(2) by striking `Directors from Massachusetts and Rhode Island;' and inserting `Directors from Massachusetts and Rhode Island, ex officio, or their delegates;'.
SEC. 8301. EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES.edit
Nothing in this title shall be construed as affecting access for recreational activities otherwise allowed by law or regulation, including hunting, fishing, or trapping.
