109th CONGRESS
2d Session
H. R. 6019
To establish the Niagara Falls National Heritage Area in the State
of New York, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 28, 2006
Ms. SLAUGHTER (for herself and Mr. REYNOLDS) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To establish the Niagara Falls National Heritage Area in the State
of New York, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Niagara Falls National Heritage Area Act'.
SEC. 2. FINDINGS.
(1) Niagara Falls and the Niagara River Gorge are natural phenomena that
are--
(A) overwhelming in physical magnitude; and
(B) deeply embedded in the popular consciousness;
(2) the Niagara River Gorge is an exceptionally scenic corridor carved
by the movement of Niagara Falls due to erosion from the original location
of Niagara Falls near Lewiston, New York, a process that began more than
10,000 years ago;
(3) Niagara Falls has been a leading international tourist attraction
for 200 years, influencing the development of tourism and nature conservation
in North America;
(4) in approximately 1895, Niagara Falls became the foremost source of
hydroelectric power in North America, stimulating the development of innovative
heavy industries in Niagara Falls and Buffalo, New York;
(5) the 3 National Historic Landmarks along or near the Niagara River
are--
(A) the Adams Power Transformer House, in Niagara Falls, which is the
birthplace of the modern hydroelectric power station;
(B) the Niagara Reservation, designed by landscape architect Frederick
Law Olmsted, which is considered to be the oldest State park in the
United States; and
(C) the Colonial Niagara Historic District, in Lewiston and Youngstown,
New York, which includes Old Fort Niagara;
(6) the Niagara River area, a boundary between the United States and Canada--
(A) has played an important role in Indian culture, the French and English
colonial struggle to control North America, the American Revolution,
the War of 1812, and the Underground Railroad; and
(B) reflects national differences and similarities between the United
States and Canada; and
(7) although concentrated primarily along the Niagara River in Niagara
County, New York, there are also important thematically related sites
located throughout Niagara and Erie Counties, New York, that support and
reinforce the important stories and heritage of the Niagara region.
SEC. 3. DEFINITIONS.
(1) COMMISSION- The term `Commission' means the Niagara Falls National
Heritage Area Commission established by section 5(a).
(2) GOVERNOR- The term `Governor' means the Governor of the State.
(3) HERITAGE AREA- The term `Heritage Area' means the Niagara Falls National
Heritage Area established by section 4(a).
(4) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means
the local coordinating entity for the Heritage Area designated by section
4(d)(1).
(5) MANAGEMENT PLAN- The term `management plan' means the management plan
for the Heritage Area developed under section 6.
(6) MAP- The term `map' means the map entitled `Niagara Falls National
Heritage Area', numbered P76/80,000, and dated July 2006.
(7) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(8) STATE- The term `State' means the State of New York.
SEC. 4. NIAGARA FALLS NATIONAL HERITAGE AREA.
(a) Establishment- There is established in the State the Niagara Falls National
Heritage Area.
(b) Boundaries- The National Heritage Area shall consist of--
(1) the area from the western boundary of the town of Wheatfield, New
York, extending to the mouth of the Niagara River on Lake Ontario, as
depicted on the map, including--
(A) the city of Niagara Falls, New York;
(B) the villages of Youngstown and Lewiston, New York; and
(C) land and water within the boundaries of the Heritage Area in Niagara
County, New York; and
(2) any additional thematically related sites within Erie and Niagara
Counties, New York, that are identified in the management plan under section
6(b)(6).
(c) Availability of Map- The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
(d) Local Coordinating Entity-
(1) DESIGNATION- The local coordinating entity for the Heritage Area shall
be--
(A) for the 5-year period beginning on the date of enactment of this
Act, the Commission; and
(B) on expiration of the 5-year period described in subparagraph (A),
a private nonprofit or governmental organization designated by the Commission.
(2) AUTHORITIES- For purposes of implementing the management plan, the
local coordinating entity designated under paragraph (1)(B) may use funds
made available under this Act to--
(A) make grants to, and enter into cooperative agreements with, the
State (including a political subdivision of the State), nonprofit organizations,
or any person;
(B) hire and compensate staff; and
(C) enter into contracts for goods and services.
(3) DUTIES- Beginning on the date described in paragraph (1)(B), the local
coordinating entity designated by the Commission under paragraph (1)(B)
shall assume the duties of the Commission described in section 5(h), other
than the duties described in paragraphs (1) and (8) of section 5(h).
SEC. 5. NIAGARA FALLS NATIONAL HERITAGE AREA COMMISSION.
(a) Establishment- There is established within the Department of the Interior
the Niagara Falls National Heritage Area Commission.
(b) Membership- The Commission shall be composed of 17 members, of whom--
(1) 1 member shall be the Director of the National Park Service (or a
designee);
(2) 5 members shall be appointed by the Secretary, on the recommendation
of the Governor, from among individuals with knowledge and experience
of--
(A) the New York State Office of Parks, Recreation and Historic Preservation,
the Niagara River Greenway Commission, the New York Power Authority,
the USA Niagara Development Corporation, and the Niagara Tourism and
Convention Corporation; or
(B) any successors of the agencies described in subparagraph (A);
(3) 1 member shall be appointed by the Secretary, on the recommendation
of the mayor of Niagara Falls, New York;
(4) 1 member shall be appointed by the Secretary, on the recommendation
of the mayor of the village of Youngstown, New York;
(5) 1 member shall be appointed by the Secretary, on the recommendation
of the mayor of the village of Lewiston, New York;
(6) 1 member shall be appointed by the Secretary, on the recommendation
of the Tuscarora Nation;
(7) 1 member shall be appointed by the Secretary, on the recommendation
of the Seneca Nation of Indians; and
(8) 6 members shall be individuals that have an interest in, support for,
and expertise appropriate to tourism, regional planning, history and historic
preservation, cultural or natural resource management, conservation, recreation,
and education, or museum services, of whom--
(A) 4 members shall be appointed by the Secretary, on the recommendation
of the 2 members of the Senate from the State; and
(B) 2 members shall be appointed by the Secretary, on the recommendation
of the member of the House of Representatives whose district encompasses
the Heritage Area.
(1) TERM- A member of the Commission shall be appointed for a term not
to exceed 5 years.
(A) PARTIAL TERM- A member appointed to fill a vacancy on the Commission
shall serve for the remainder of the term for which the predecessor
of the member was appointed.
(B) IN GENERAL- A vacancy on the Commission shall be filled in the same
manner as the original appointment was made.
(d) Chairperson and Vice Chairperson-
(1) SELECTION- The Commission shall select a Chairperson and Vice Chairperson
from among the members of the Commission.
(2) VICE CHAIRPERSON- The Vice Chairperson shall serve as the Chairperson
in the absence of the Chairperson.
(1) IN GENERAL- A majority of the members of the Commission shall constitute
a quorum.
(2) TRANSACTION- For the transaction of any business or the exercise of
any power of the Commission, the Commission shall have the power to act
by a majority vote of the members present at any meeting at which a quorum
is in attendance.
(1) IN GENERAL- The Commission shall meet at least quarterly at the call
of--
(B) a majority of the members of the Commission.
(2) NOTICE- Notice of Commission meetings and agendas for the meetings
shall be published in local newspapers that are distributed throughout
the Heritage Area.
(3) APPLICABLE LAW- Meetings of the Commission shall be subject to section
552b of title 5, United States Code.
(g) Powers of the Commission- To the extent that Federal funds are appropriated,
the Commission may--
(1) enter into contracts and execute any instruments necessary or appropriate
to carry out the purposes for which the Commission is established, including
the authority to procure temporary and intermittent services and administrative
facilities at rates determined to be reasonable by the Commission to carry
out the duties of the Commission;
(2) appoint and fix the compensation of any staff that may be necessary
to carry out the duties of the Commission;
(3) request and accept from the head of any Federal agency, on a reimbursable
or nonreimbursable basis, any personnel of the Federal agency to the Commission
to assist in carrying out the duties of the Commission;
(4) request and accept from the head of any State agency or any agency
of a political subdivision of the State, on a reimbursable or nonreimbursable
basis, any personnel of the agency to the Commission to assist in carrying
out the duties of the Commission;
(5) make grants to assist in the development and implementation of the
management plan;
(6) negotiate and enter into any cooperative agreement, lease, contract,
or other arrangement with any person, firm, association, organization,
corporation, or governmental entity, including Federal, State, tribal,
and local government entities, that is necessary to carry out the activities
of the Commission;
(7) seek, accept, and dispose of gifts, bequests, grants, or donations
of money, personal property, or services;
(A) developing educational, informational, and interpretive programs
and facilities; and
(B) any other activities that may promote the implementation of the
management plan;
(9) use the United States mails in the same manner as other agencies of
the Federal Government;
(10) establish any advisory groups that the Commission determines to be
necessary; and
(11) adopt, amend, and enforce bylaws and rules governing the manner in
which--
(A) the business of the Commission may be conducted; and
(B) the powers vested in the Commission may be exercised.
(h) Duties of the Commission- To further the purposes of the Heritage Area,
the Commission shall--
(1) in accordance with section 6, develop and submit to the Secretary
for approval a management plan;
(2) assist units of local government, regional planning organizations,
and nonprofit organizations in implementing the management plan by--
(A) carrying out programs and projects that recognize, protect, and
enhance important resource values within the Heritage Area;
(B) establishing and maintaining interpretive exhibits and programs
within the Heritage Area;
(C) developing recreational and educational opportunities in the Heritage
Area;
(D) increasing public awareness of, and appreciation for, natural, historic,
scenic, and cultural resources of the Heritage Area;
(E) protecting and restoring historic sites and buildings in the Heritage
Area that are consistent with the themes of the Heritage Area;
(F) ensuring that clear, consistent, and appropriate signs identifying
points of public access and sites of interest are posted throughout
the Heritage Area; and
(G) promoting a wide range of partnerships among governments, organizations,
and individuals to further the purposes of the Heritage Area;
(3) consider the interests of diverse units of government, businesses,
organizations, and individuals in the Heritage Area in the development
and implementation of the management plan;
(4) conduct meetings open to the public regarding the development and
implementation of the management plan;
(5) coordinate projects, activities, and programs with the Erie Canalway
National Heritage Corridor;
(6) for any fiscal year for which Federal funds have been received by
the Commission under this Act--
(A) submit an annual report to the Secretary that describes--
(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 the sources of the
leveraging; and
(v) any grants made to any other entities during the fiscal year;
(B) make available to the Secretary for audit any records containing
information relating to the expenditure of Federal funds and any matching
funds; and
(C) require, with respect to all agreements authorizing the expenditure
of Federal funds by other organizations, that the organization receiving
the funds make available to the Secretary for audit all records and
other information concerning the expenditure of the funds;
(7) encourage, by appropriate means and consistent with the purposes of
the Heritage Area, the economic viability of the Heritage Area; and
(8) assist in the transition of the management of the Heritage Area from
the Commission to the local coordinating entity designated under section
4(d)(1)(B).
(i) Compensation of Members-
(1) IN GENERAL- A member of the Commission shall serve without compensation.
(2) TRAVEL EXPENSES- A member of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular place of business
of the member in the performance of the duties of the Commission.
(j) Gifts- For purposes of section 170(c) of the Internal Revenue Code of
1986, any gift or charitable contribution to the Commission shall be considered
to be a charitable contribution or gift to the United States.
(k) Use of Federal Funds- Except as provided for the leasing of administrative
facilities under subsection (g)(1), the Commission may not use Federal funds
made available to the Commission under this Act to acquire any real property
or interest in real property.
SEC. 6. MANAGEMENT PLAN.
(a) In General- Not later than 3 years after the date on which funds are
first made available to carry out this Act, the Commission shall submit
to the Secretary for approval a management plan for the Heritage Area.
(b) Requirements- The management plan shall--
(1) include comprehensive policies, strategies, and recommendations for
conservation, funding, managing, and developing the Heritage Area;
(2) take into consideration existing State, county, and local plans;
(3) include a description of actions that governments, private organizations,
and individuals have agreed to take to protect the natural, historic,
and cultural resources of the Heritage Area;
(4) identify any existing and potential sources of funding or economic
development strategies to protect, manage, and develop the Heritage Area;
(5) include an inventory of the natural, historic, scenic, cultural, educational,
and recreational resources of the Heritage Area relating to the themes
of the Heritage Area that should be preserved, restored, managed, developed,
or maintained;
(6) establish criteria and identify thematically related sites in Niagara
and Erie Counties, New York, that--
(A) may participate in the Heritage Area; and
(B) shall be included in the boundary of the Heritage Area;
(7) include recommended policies and strategies for resource management
that consider the application of appropriate land and water management
techniques, including the development of intergovernmental and interagency
cooperative agreements to protect the natural, historic, scenic, cultural,
educational, and recreational resources of the Heritage Area;
(8) describe a program of implementation for the management plan, including
a description of--
(B) plans for resource protection, restoration, interpretation, enhancement,
management, and development; and
(C) any specific commitments for implementation that have been made
by the local coordinating entity or any government, organization, or
individual;
(9) include an analysis of, and recommendations for ways in which, Federal,
State, tribal, and local programs would best be coordinated to further
the purposes of this Act, including an analysis of the role of the National
Park Service in the Heritage Area;
(10) include an interpretive plan for the Heritage Area;
(11) include a business plan that--
(A) describes the role, operation, financing, and functions of--
(i) the local coordinating entity; and
(ii) each of the major activities addressed in the management plan;
and
(B) provides adequate assurances that the local coordinating entity
has the partnerships and financial and other resources necessary to
implement the management plan; and
(12) includes provisions for--
(A) the designation under section 4(d)(1)(B) of a nonprofit or governmental
organization as the local coordinating entity to administer the Heritage
Area consistent with the management plan; and
(B) the transition of the management of the Heritage Area from the Commission
to the organization designated as the local coordinating entity at the
end of the 5-year period specified in section 4(d)(1)(A).
(c) Termination of Funding- If the Commission does not submit the management
plan to the Secretary by the date that is 3 years after the date on which
funds are first made available to carry out this Act, the local coordinating
entity shall be ineligible to receive additional funding under this Act
until the date on which the management plan is submitted to and approved
by the Secretary.
(d) Approval and Disapproval of Management Plan-
(1) IN GENERAL- Not later than 180 days after the date of receipt of the
management plan under subsection (a), the Secretary shall approve or disapprove
the management plan.
(2) CONSIDERATIONS- In determining whether to approve or disapprove the
management plan under paragraph (1), the Secretary shall consider whether--
(A) the organization proposed to succeed the Commission as the local
coordinating entity would be representative of the diverse interests
of the Heritage Area, including governments, natural and historic resource
protection organizations, educational institutions, businesses, and
recreational organizations;
(B) the local coordinating entity has afforded adequate opportunity
for public and governmental involvement, including public meetings,
in the preparation of the management plan;
(C) the resource protection and interpretation strategies contained
in the management plan, if implemented, would adequately protect the
natural, historic, and cultural resources of the Heritage Area;
(D) 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
(E) the local coordinating entity has demonstrated the financial capability,
in partnership with others, to carry out the plan.
(3) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management
plan under paragraph (1), the Secretary shall--
(A) advise the local coordinating entity in writing of the reasons for
the disapproval;
(B) make recommendations for revisions to the management plan; and
(C) not later than 180 days after the receipt of any proposed revision
of the management plan, approve or disapprove the proposed revision.
(1) IN GENERAL- The Secretary shall review and approve any substantial
amendments to the management plan in accordance with subsection (d).
(2) USE OF FUNDS- Funds made available under this Act shall not be expended
by the local coordinating entity to implement any changes made by an amendment
described in paragraph (1) until the Secretary approves the amendment.
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance-
(1) IN GENERAL- On request of the local coordinating entity, the Secretary
may provide technical and financial assistance, on a reimbursable or nonreimbursable
basis, to the Heritage Area for the development and implementation of
the management plan.
(2) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements
with the local coordinating entity and other public or private entities
to provide assistance under paragraph (1).
(3) PRIORITY FOR ASSISTANCE- In providing assistance under paragraph (1),
the Secretary shall give priority to actions that assist in--
(A) conserving the significant natural, historic, scenic, and cultural
resources of the Heritage Area; and
(B) providing educational, interpretive, and recreational opportunities,
consistent with the purposes of the Heritage Area.
(b) Detail of Department of the Interior Employees-
(1) IN GENERAL- On request of the Commission, the Secretary may detail
to the Commission for each fiscal year in which the Commission is in existence,
on a nonreimbursable basis, 2 employees of the Department of the Interior
to enable the Commission to carry out the duties of the Commission.
(2) CIVIL SERVICE STATUS- The detail of an employee under paragraph (1)
shall be without interruption or loss of civil service status or privilege.
(c) Report- Not later than the date that is 3 years before the date on which
the authority of the Secretary terminates under section 11, the Secretary
shall submit to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a report
that includes--
(1) an evaluation of the accomplishments and sustainability of the Heritage
Area; and
(2) any recommendations of the Secretary with respect to the future management
of the Heritage Area.
SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General- This Act shall not affect the authority of any Federal official
to provide technical or financial assistance under any other law.
(b) Consultation and Coordination- The head of any Federal agency planning
to conduct an activity that may have an impact on the Heritage Area shall,
to the maximum extent practicable--
(1) consult with the Secretary and the local coordinating entity regarding
the activity; and
(2) coordinate the activity with the Secretary and the local coordinating
entity.
(c) Effect on Other Federal Agencies- Nothing in this Act--
(1) modifies, alters, or amends any law (including a regulation) authorizing
a Federal agency to manage Federal land under the jurisdiction of the
Federal agency;
(2) limits the discretion of a Federal land manager to implement an approved
land use plan within the boundaries of the Heritage Area; or
(3) modifies, alters, or amends any authorized use of Federal land under
the jurisdiction of a Federal agency.
SEC. 9. PROTECTIONS FOR PROPERTY OWNERS.
(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 permit public access (including access
by Federal, tribal, State, or local government agencies) to the property;
(3) modifies any provision of Federal, tribal, State, or local law with
regard to public access to, or use of, private land;
(4) alters any land use regulation, approved land use plan, or other regulatory
authority of any Federal, tribal, State, or local agency;
(5) provides any land use or other regulatory authority to any local coordinating
entity;
(6) authorizes the reservation or appropriation of water or water rights;
(7) diminishes the authority of the State to manage fish and wildlife,
including the regulation of fishing and hunting within the Heritage Area;
or
(8) creates any liability, or affects any liability under any other law,
of any private property owner with respect to any persons injured on the
private property.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There is authorized to be appropriated to carry out this
Act $10,000,000, of which not more than $1,000,000 may be appropriated for
any fiscal year.
(b) Cost-Sharing Requirement- The Federal share of the cost of any activity
carried out using any assistance made available under this Act shall be
not more than 50 percent.
SEC. 11. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide financial assistance under this
Act terminates on the date that is 15 years after the date of enactment
of this Act.
END
