May 17, 2005

Received; read twice and referred to the Committee on Energy and Natural Resources

To establish the Upper Housatonic Valley National Heritage Area in the State of Connecticut and the Commonwealth of Massachusetts, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Table of contents.

TITLE I--UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA

Sec. 101. Short title.

Sec. 102. Findings and purposes.

Sec. 103. Definitions.

Sec. 104. Upper Housatonic Valley National Heritage Area.

Sec. 105. Authorities, prohibitions, and duties of the management entity.

Sec. 106. Management plan.

Sec. 107. Duties and authorities of the Secretary.

Sec. 108. Duties of other Federal agencies.

Sec. 109. Requirements for inclusion of private property.

Sec. 110. Private property protection.

Sec. 111. Authorization of appropriations.

Sec. 112. Sunset.

TITLE II--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT AMENDMENTS

Sec. 201. Short title.

Sec. 202. Transition and provisions for new management entity.

Sec. 203. Private property protection.

Sec. 204. Technical amendments.

TITLE III--ST. CROIX NATIONAL HERITAGE AREA STUDY

Sec. 301. St. Croix National Heritage Area study.

TITLE IV--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA

Sec. 401. Short title.

Sec. 402. Congressional findings.

Sec. 403. Definitions.

Sec. 404. Northern Rio Grande National Heritage Area.

Sec. 405. Authority and duties of the management entity.

Sec. 406. Duties of the Secretary.

Sec. 407. Private property protections; savings provisions.

Sec. 408. Sunset.

Sec. 409. Authorization of appropriations.

TITLE I--UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA

SEC. 101. SHORT TITLE.

This title may be cited as the `Upper Housatonic Valley National Heritage Area Act'.

SEC. 102. FINDINGS AND PURPOSES.

(a) Findings- Congress finds the following:

(1) The upper Housatonic Valley, encompassing 29 towns in the hilly terrain of western Massachusetts and northwestern Connecticut, is a singular geographical and cultural region that has made significant national contributions through its literary, artistic, musical, and architectural achievements, its iron, paper, and electrical equipment industries, and its scenic beautification and environmental conservation efforts.

(2) The upper Housatonic Valley has 139 properties and historic districts listed on the National Register of Historic Places, including--

(A) five National Historic Landmarks--

(i) Edith Wharton's home, The Mount, Lenox, Massachusetts;

(ii) Herman Melville's home, Arrowhead, Pittsfield, Massachusetts;

(iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington, Massachusetts;

(iv) Mission House, Stockbridge, Massachusetts; and

(v) Crane and Company Old Stone Mill Rag Room, Dalton, Massachusetts; and

(B) four National Natural Landmarks--

(i) Bartholomew's Cobble, Sheffield, Massachusetts, and Salisbury, Connecticut;

(ii) Beckley Bog, Norfolk, Connecticut;

(iii) Bingham Bog, Salisbury, Connecticut; and

(iv) Cathedral Pines, Cornwall, Connecticut.

(3) Writers, artists, musicians, and vacationers have visited the region for more than 150 years to enjoy its scenic wonders, making it one of the country's leading cultural resorts.

(4) The upper Housatonic Valley has made significant national cultural contributions through such writers as Herman Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B. DuBois, artists Daniel Chester French and Norman Rockwell, and the performing arts centers of Tanglewood, Music Mountain, Norfolk (Connecticut) Chamber Music Festival, Jacob's Pillow, and Shakespeare & Company.

(5) The upper Housatonic Valley is noted for its pioneering achievements in the iron, paper, and electrical generation industries and has cultural resources to interpret those industries.

(6) The region became a national leader in scenic beautification and environmental conservation efforts following the era of industrialization and deforestation and maintains a fabric of significant conservation areas including the meandering Housatonic River.

(7) Important historical events related to the American Revolution, Shays' Rebellion, and early civil rights took place in the upper Housatonic Valley.

(8) The region had an American Indian presence going back 10,000 years and Mohicans had a formative role in contact with Europeans during the seventeenth and eighteenth centuries.

(9) The Upper Housatonic Valley National Heritage Area has been proposed in order to heighten appreciation of the region, preserve its natural and historical resources, and improve the quality of life and economy of the area.

(b) Purposes- The purposes of this title are as follows:

(1) To establish the Upper Housatonic Valley National Heritage Area in the State of Connecticut and the Commonwealth of Massachusetts.

(2) To implement the national heritage area alternative as described in the document entitled `Upper Housatonic Valley National Heritage Area Feasibility Study, 2003'.

(3) To provide a management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the upper Housatonic Valley region to conserve the region's heritage while continuing to pursue compatible economic opportunities.

(4) To assist communities, organizations, and citizens in the State of Connecticut and the Commonwealth of Massachusetts in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations.

SEC. 103. DEFINITIONS.

In this title:

(1) HERITAGE AREA- The term `Heritage Area' means the Upper Housatonic Valley National Heritage Area, established in section 104.

(2) MANAGEMENT ENTITY- The term `Management Entity' means the management entity for the Heritage Area designated by section 104(d).

(3) MANAGEMENT PLAN- The term `Management Plan' means the management plan for the Heritage Area specified in section 106.

(4) MAP- The term `map' means the map entitled `Boundary Map Upper Housatonic Valley National Heritage Area', numbered P17/80,000, and dated February 2003.

(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.

(6) STATE- The term `State' means the State of Connecticut and the Commonwealth of Massachusetts.

SEC. 104. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.

(a) Establishment- There is established the Upper Housatonic Valley National Heritage Area.

(b) Boundaries- The Heritage Area shall be comprised of--

(1) part of the Housatonic River's watershed, which extends 60 miles from Lanesboro, Massachusetts to Kent, Connecticut;

(2) the towns of Canaan, Colebrook, Cornwall, Kent, Norfolk, North Canaan, Salisbury, Sharon, and Warren in Connecticut; and

(3) the towns of Alford, Becket, Dalton, Egremont, Great Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey, Mount Washington, New Marlboro, Pittsfield, Richmond, Sheffield, Stockbridge, Tyringham, Washington, and West Stockbridge in Massachusetts.

(c) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.

(d) Management Entity- The Upper Housatonic Valley National Heritage Area, Inc. shall be the management entity for the Heritage Area.

SEC. 105. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE MANAGEMENT ENTITY.

(a) Duties of the Management Entity- To further the purposes of the Heritage Area, the management entity shall--

(1) prepare and submit a management plan for the Heritage Area to the Secretary in accordance with section 106;

(2) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by--

(A) carrying out programs and projects that recognize, protect and enhance important resource values within the Heritage Area;

(B) establishing and maintaining interpretive exhibits and programs within the Heritage Area;

(C) developing recreational and educational opportunities in the Heritage Area;

(D) increasing public awareness of and appreciation for natural, historical, scenic, and cultural resources of the Heritage Area;

(E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with heritage area themes;

(F) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and

(G) promoting a wide range of partnerships among governments, organizations and individuals to further the purposes of the Heritage Area;

(3) consider the interests of diverse units of government, businesses, organizations and individuals in the Heritage Area in the preparation and implementation of the management plan;

(4) conduct meetings open to the public at least semi-annually regarding the development and implementation of the management plan;

(5) submit an annual report to the Secretary for any fiscal year in which the management entity receives Federal funds under this title, setting forth its accomplishments, expenses, and income, including grants to any other entities during the year for which the report is made;

(6) make available for audit for any fiscal year in which it receives Federal funds under this title, all information pertaining to the expenditure of such funds and any matching funds, and require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds; and

(7) encourage by appropriate means economic development that is consistent with the purposes of the Heritage Area.

(b) Authorities- The management entity may, for the purposes of preparing and implementing the management plan for the Heritage Area, use Federal funds made available through this title to--

(1) make grants to the State of Connecticut and the Commonwealth of Massachusetts, their political subdivisions, nonprofit organizations and other persons;

(2) enter into cooperative agreements with or provide technical assistance to the State of Connecticut and the Commonwealth of Massachusetts, their subdivisions, nonprofit organizations, and other interested parties;

(3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming;

(4) obtain money or services from any source including any that are provided under any other Federal law or program;

(5) contract for goods or services; and

(6) undertake to be a catalyst for any other activity that furthers the purposes of the Heritage Area and is consistent with the approved management plan.

(c) Prohibitions on the Acquisition of Real Property- The management entity may not use Federal funds received under this title to acquire real property, but may use any other source of funding, including other Federal funding outside this authority, intended for the acquisition of real property.

SEC. 106. MANAGEMENT PLAN.

(a) In General- The management plan for the Heritage Area shall--

(1) include comprehensive policies, strategies and recommendations for conservation, funding, management and development of the Heritage Area;

(2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation;

(3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area;

(4) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area in the first 5 years of implementation;

(5) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area related to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained;

(6) describe a program of implementation for the management plan including plans for resource protection, restoration, construction, and specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of implementation; and

(7) include an interpretive plan for the Heritage Area.

(b) Deadline and Termination of Funding-

(1) DEADLINE- The management entity shall submit the management plan to the Secretary for approval within 3 years after funds are made available for this title.

(2) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal funding under this title until such time as the management plan is submitted to the Secretary.

SEC. 107. DUTIES AND AUTHORITIES OF THE SECRETARY.

(a) Technical and Financial Assistance- The Secretary may, upon the request of the management entity, provide technical assistance on a reimbursable or non-reimbursable basis and financial assistance to the Heritage Area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the management entity and other public or private entities for this purpose. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in--

(1) conserving the significant natural, historical, cultural, and scenic resources of the Heritage Area; and

(2) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.

(b) Approval and Disapproval of Management Plan-

(1) IN GENERAL- The Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan.

(2) CRITERIA FOR APPROVAL- In determining the approval of the management plan, the Secretary shall consider whether--

(A) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;

(B) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan;

(C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area; and

(D) the management plan is supported by the appropriate State and local officials whose cooperation is needed to ensure the effective implementation of the State and local aspects of the management plan.

(3) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management plan, the Secretary shall advise the management entity in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision within 60 days after the date it is submitted.

(4) APPROVAL OF AMENDMENTS- Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The management entity shall not use Federal funds authorized by this title to implement any amendments until the Secretary has approved the amendments.

SEC. 108. DUTIES OF OTHER FEDERAL AGENCIES.

Any Federal agency conducting or supporting activities directly affecting the Heritage Area shall--

(1) consult with the Secretary and the management entity with respect to such activities;

(2) cooperate with the Secretary and the management entity in carrying out their duties under this title and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and

(3) to the maximum extent practicable, conduct or support such activities in a manner which the management entity determines will not have an adverse effect on the Heritage Area.

SEC. 109. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

(a) Notification and Consent of Property Owners Required- No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity.

(b) Landowner Withdraw- Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity.

SEC. 110. PRIVATE PROPERTY PROTECTION.

(a) Access to Private Property- Nothing in this title shall be construed to--

(1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or

(2) modify any provision of Federal, State, or local law with regard to public access to or use of private property.

(b) Liability- Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property.

(c) Recognition of Authority to Control Land Use- Nothing in this title shall be construed to modify the authority of Federal, State, or local governments to regulate land use.

(d) Participation of Private Property Owners in Heritage Area- Nothing in this title shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area.

(e) Effect of Establishment- The boundaries designated for the Heritage Area represent the area within which Federal funds appropriated for the purpose of this title may be expended. The establishment of the Heritage Area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There is authorized to be appropriated for the purposes of this title not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Area under this title.

(b) Matching Funds- Federal funding provided under this title may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this title.

SEC. 112. SUNSET.

The authority of the Secretary to provide assistance under this title shall terminate on the day occurring 15 years after the date of the enactment of this title.

TITLE II--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT AMENDMENTS

SEC. 201. SHORT TITLE.

This title may be cited as the `Illinois and Michigan Canal National Heritage Corridor Act Amendments of 2005'.

SEC. 202. TRANSITION AND PROVISIONS FOR NEW MANAGEMENT ENTITY.

The Illinois and Michigan Canal National Heritage Corridor Act of 1984 (Public Law 98-398; 16 U.S.C. 461 note) is amended as follows:

(1) In section 103--

(A) in paragraph (8), by striking `and';

(B) in paragraph (9), by striking the period and inserting `; and'; and

(C) by adding at the end the following:

`(10) the term `Association' means the Canal Corridor Association (an organization described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code).'.

(2) By adding at the end of section 112 the following new paragraph:

`(7) The Secretary shall enter into a memorandum of understanding with the Association to help ensure appropriate transition of the management entity to the Association and coordination with the Association regarding that role.'.

(3) By adding at the end the following new sections:

`SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY.

`Upon the termination of the Commission, the management entity for the corridor shall be the Association.

`SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION.

`For purposes of preparing and implementing the management plan developed under section 121, the Association may use Federal funds made available under this title--

`(1) to make loans and grants to, and enter into cooperative agreements with, States and their political subdivisions, private organizations, or any person;

`(2) to hire, train, and compensate staff; and

`(3) to enter into contracts for goods and services.

`SEC. 121. DUTIES OF THE ASSOCIATION.

`The Association shall--

`(1) develop and submit to the Secretary for approval under section 123 a proposed management plan for the corridor not later than 2 years after Federal funds are made available for this purpose;

`(2) give priority to implementing actions set forth in the management plan, including taking steps to assist units of local government, regional planning organizations, and other organizations--

`(A) in preserving the corridor;

`(B) in establishing and maintaining interpretive exhibits in the corridor;

`(C) in developing recreational resources in the corridor;

`(D) in increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the corridor; and

`(E) in facilitating the restoration of any historic building relating to the themes of the corridor;

`(3) encourage by appropriate means economic viability in the corridor consistent with the goals of the management plan;

`(4) consider the interests of diverse governmental, business, and other groups within the corridor;

`(5) conduct public meetings at least quarterly regarding the implementation of the management plan;

`(6) submit substantial changes (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary; and

`(7) for any year in which Federal funds have been received under this title--

`(A) submit an annual report to the Secretary setting forth the Association's accomplishments, expenses and income, and the identity of each entity to which any loans and grants were made during the year for which the report is made;

`(B) make available for audit all records pertaining to the expenditure of such funds and any matching funds; and

`(C) require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records pertaining to the expenditure of such funds.

`SEC. 122. USE OF FEDERAL FUNDS.

`(a) In General- The Association shall not use Federal funds received under this title to acquire real property or an interest in real property.

`(b) Other Sources- Nothing in this title precludes the Association from using Federal funds from other sources for authorized purposes.

`SEC. 123. MANAGEMENT PLAN.

`(a) Preparation of Management Plan- Not later than 2 years after the date that Federal funds are made available for this purpose, the Association shall submit to the Secretary for approval a proposed management plan that shall--

`(1) take into consideration State and local plans and involve residents, local governments and public agencies, and private organizations in the corridor;

`(2) present comprehensive recommendations for the corridor's conservation, funding, management, and development;

`(3) include actions proposed to be undertaken by units of government and nongovernmental and private organizations to protect the resources of the corridor;

`(4) specify the existing and potential sources of funding to protect, manage, and develop the corridor; and

`(5) include--

`(A) identification of the geographic boundaries of the corridor;

`(B) a brief description and map of the corridor's overall concept or vision that show key sites, visitor facilities and attractions, and physical linkages;

`(C) identification of overall goals and the strategies and tasks intended to reach them, and a realistic schedule for completing the tasks;

`(D) a listing of the key resources and themes of the corridor;

`(E) identification of parties proposed to be responsible for carrying out the tasks;

`(F) a financial plan and other information on costs and sources of funds;

`(G) a description of the public participation process used in developing the plan and a proposal for public participation in the implementation of the management plan;

`(H) a mechanism and schedule for updating the plan based on actual progress;

`(I) a bibliography of documents used to develop the management plan; and

`(J) a discussion of any other relevant issues relating to the management plan.

`(b) Disqualification From Funding- If a proposed management plan is not submitted to the Secretary within 2 years after the date that Federal funds are made available for this purpose, the Association shall be ineligible to receive additional funds under this title until the Secretary receives a proposed management plan from the Association.

`(c) Approval of Management Plan- The Secretary shall approve or disapprove a proposed management plan submitted under this title not later than 180 days after receiving such proposed management plan. If action is not taken by the Secretary within the time period specified in the preceding sentence, the management plan shall be deemed approved. The Secretary shall consult with the local entities representing the diverse interests of the corridor including governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners prior to approving the management plan. The Association shall conduct semi-annual public meetings, workshops, and hearings to provide adequate opportunity for the public and local and governmental entities to review and to aid in the preparation and implementation of the management plan.

`(d) Effect of Approval- Upon the approval of the management plan as provided in subsection (c), the management plan shall supersede the conceptual plan contained in the National Park Service report.

`(e) Action Following Disapproval- If the Secretary disapproves a proposed management plan within the time period specified in subsection (c), the Secretary shall advise the Association in writing of the reasons for the disapproval and shall make recommendations for revisions to the proposed management plan.

`(f) Approval of Amendments- The Secretary shall review and approve all substantial amendments (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan. Funds made available under this title may not be expended to implement any changes made by a substantial amendment until the Secretary approves that substantial amendment.

`SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

`(a) Technical and Financial Assistance- Upon the request of the Association, the Secretary may provide technical assistance, on a reimbursable or nonreimbursable basis, and financial assistance to the Association to develop and implement the management plan. The Secretary is authorized to enter into cooperative agreements with the Association and other public or private entities for this purpose. In assisting the Association, the Secretary shall give priority to actions that in general assist in--

`(1) conserving the significant natural, historic, cultural, and scenic resources of the corridor; and

`(2) providing educational, interpretive, and recreational opportunities consistent with the purposes of the corridor.

`(b) Duties of Other Federal Agencies- Any Federal agency conducting or supporting activities directly affecting the corridor shall--

`(1) consult with the Secretary and the Association with respect to such activities;

`(2) cooperate with the Secretary and the Association in carrying out their duties under this title;

`(3) to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and

`(4) to the maximum extent practicable, conduct or support such activities in a manner which the Association determines is not likely to have an adverse effect on the corridor.

`SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

`(a) In General- To carry out this title there is authorized to be appropriated $10,000,000, except that not more than $1,000,000 may be appropriated to carry out this title for any fiscal year.

`(b) 50 Percent Match- The Federal share of the cost of activities carried out using any assistance or grant under this title shall not exceed 50 percent of that cost.

`SEC. 126. SUNSET.

`The authority of the Secretary to provide assistance under this title terminates on the date that is 15 years after the date of the enactment of this section.'.

SEC. 203. PRIVATE PROPERTY PROTECTION.

The Illinois and Michigan Canal National Heritage Corridor Act of 1984 is further amended by adding after section 126 (as added by section 202) the following new sections:

`SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

`(a) Notification and Consent of Property Owners Required- No privately owned property shall be preserved, conserved, or promoted by the management plan for the corridor until the owner of that private property has been notified in writing by the Association and has given written consent for such preservation, conservation, or promotion to the Association.

`(b) Landowner Withdraw- Any owner of private property included within the boundary of the corridor, and not notified under subsection (a), shall have their property immediately removed from the boundary of the corridor by submitting a written request to the Association.

`SEC. 128. PRIVATE PROPERTY PROTECTION.

`(a) Access to Private Property- Nothing in this title shall be construed to--

`(1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or

`(2) modify any provision of Federal, State, or local law with regard to public access to or use of private property.

`(b) Liability- Designation of the corridor shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property.

`(c) Recognition of Authority to Control Land Use- Nothing in this title shall be construed to modify the authority of Federal, State, or local governments to regulate land use.

`(d) Participation of Private Property Owners in Corridor- Nothing in this title shall be construed to require the owner of any private property located within the boundaries of the corridor to participate in or be associated with the corridor.

`(e) Effect of Establishment- The boundaries designated for the corridor represent the area within which Federal funds appropriated for the purpose of this title may be expended. The establishment of the corridor and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the corridor or its viewshed by the Secretary, the National Park Service, or the Association.'.

SEC. 204. TECHNICAL AMENDMENTS.

Section 116 of Illinois and Michigan Canal National Heritage Corridor Act of 1984 is amended--

(1) by striking subsection (b); and

(2) in subsection (a)--

(A) by striking `(a)' and all that follows through `For each' and inserting `(a) For each';

(B) by striking `Commission' and inserting `Association';

(C) by striking `Commission's' and inserting `Association's';

(D) by redesignating paragraph (2) as subsection (b); and

(E) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.

TITLE III--ST. CROIX NATIONAL HERITAGE AREA STUDY

SEC. 301. ST. CROIX NATIONAL HERITAGE AREA STUDY.

(a) Short Title- This section may be cited as the `St. Croix National Heritage Area Study Act'.

(b) Study- The Secretary of the Interior, in consultation with appropriate State historic preservation officers, States historical societies, and other appropriate organizations, shall conduct a study regarding the suitability and feasibility of designating the island of St. Croix as the St. Croix National Heritage Area. The study shall include analysis, documentation, and determination regarding whether the island of St. Croix--

(1) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities;

(2) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story;

(3) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features;

(4) provides outstanding recreational and educational opportunities;

(5) contains resources important to the identified theme or themes of the island of St. Croix that retain a degree of integrity capable of supporting interpretation;

(6) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government), and have demonstrated support for the concept of a national heritage area;

(7) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and

(8) has a conceptual boundary map that is supported by the public.

(c) Report- Not later than 3 fiscal years after the date on which funds are first made available for this section, the Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study.

(d) Private Property- In conducting the study required by this section, the Secretary of the Interior shall analyze the potential impact that designation of the area as a national heritage area is likely to have on land within the proposed area or bordering the proposed area that is privately owned at the time that the study is conducted.

TITLE IV--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA

SEC. 401. SHORT TITLE.

This title may be cited as the `Northern Rio Grande National Heritage Area Act'.

SEC. 402. CONGRESSIONAL FINDINGS.

The Congress finds that--

(1) northern New Mexico encompasses a mosaic of cultures and history, including 8 Pueblos and the descendants of Spanish ancestors who settled in the area in 1598;

(2) the combination of cultures, languages, folk arts, customs, and architecture make northern New Mexico unique;

(3) the area includes spectacular natural, scenic, and recreational resources;

(4) there is broad support from local governments and interested individuals to establish a National Heritage Area to coordinate and assist in the preservation and interpretation of these resources;

(5) in 1991, the National Park Service study Alternative Concepts for Commemorating Spanish Colonization identified several alternatives consistent with the establishment of a National Heritage Area, including conducting a comprehensive archaeological and historical research program, coordinating a comprehensive interpretation program, and interpreting a cultural heritage scene; and

(6) establishment of a National Heritage Area in northern New Mexico would assist local communities and residents in preserving these unique cultural, historical and natural resources.

SEC. 403. DEFINITIONS.

As used in this title--

(1) the term `heritage area' means the Northern Rio Grande Heritage Area; and

(2) the term `Secretary' means the Secretary of the Interior.

SEC. 404. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

(a) Establishment- There is hereby established the Northern Rio Grande National Heritage Area in the State of New Mexico.

(b) Boundaries- The heritage area shall include the counties of Santa Fe, Rio Arriba, and Taos.

(c) Management Entity-

(1) The Northern Rio Grande National Heritage Area, Inc., a non-profit corporation chartered in the State of New Mexico, shall serve as the management entity for the heritage area.

(2) The Board of Directors for the management entity shall include representatives of the State of New Mexico, the counties of Santa Fe, Rio Arriba and Taos, tribes and pueblos within the heritage area, the cities of Santa Fe, Espanola and Taos, and members of the general public. The total number of Board members and the number of Directors representing State, local and tribal governments and interested communities shall be established to ensure that all parties have appropriate representation on the Board.

SEC. 405. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.

(a) Management Plan-

(1) Not later than 3 years after the date of enactment of this Act, the management entity shall develop and forward to the Secretary a management plan for the heritage area.

(2) The management entity shall develop and implement the management plan in cooperation with affected communities, tribal and local governments and shall provide for public involvement in the development and implementation of the management plan.

(3) The management plan shall, at a minimum--

(A) provide recommendations for the conservation, funding, management, and development of the resources of the heritage area;

(B) identify sources of funding;

(C) include an inventory of the cultural, historical, archaeological, natural, and recreational resources of the heritage area;

(D) provide recommendations for educational and interpretive programs to inform the public about the resources of the heritage area; and

(E) include an analysis of ways in which local, State, Federal, and tribal programs may best be coordinated to promote the purposes of this title.

(4) If the management entity fails to submit a management plan to the secretary as provided in paragraph (1), the heritage area shall no longer be eligible to receive Federal funding under this title until such time as a plan is submitted to the Secretary.

(5) The Secretary shall approve or disapprove the management plan within 90 days after the date of submission. If the Secretary disapproves the management plan, the Secretary shall advise the management entity in writing of the reasons therefore and shall make recommendations for revisions to the plan.

(6) The management entity shall periodically review the management plan and submit to the Secretary any recommendations for proposed revisions to the management plan. Any major revisions to the management plan must be approved by the Secretary.

(b) Authority- The management entity may make grants and provide technical assistance to tribal and local governments, and other public and private entities to carry out the management plan.

(c) Duties- The management entity shall--

(1) give priority in implementing actions set forth in the management plan;

(2) encourage by appropriate means economic viability in the heritage area consistent with the goals of the management plan; and

(3) assist local and tribal governments and non-profit organizations in--

(A) establishing and maintaining interpretive exhibits in the heritage area;

(B) developing recreational resources in the heritage area;

(C) increasing public awareness of, and appreciation for, the cultural, historical, archaeological and natural resources and sits in the heritage area;

(D) the restoration of historic structures related to the heritage area; and

(E) carrying out other actions that the management entity determines appropriate to fulfill the purposes of this title, consistent with the management plan.

(d) Prohibition on Acquiring Real Property- The management entity may not use Federal funds received under this title to acquire real property or an interest in real property.

(e) Public Meetings- The management entity shall hold public meetings at least annually regarding the implementation of the management plan.

(f) Annual Reports and Audits-

(1) For any year in which the management entity receives Federal funds under this title, the management entity shall submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each entity to which any grant was made by the management entity.

(2) The management entity shall make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds. The management entity shall also require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organization make available to the Secretary for audit all records concerning the expenditure of those funds.

SEC. 406. DUTIES OF THE SECRETARY.

(a) Technical and Financial Assistance- The Secretary may, upon request of the management entity, provide technical and financial assistance to develop and implement the management plan.

(b) Priority- In providing assistance under subsection (a), the Secretary shall give priority to actions that facilitate--

(1) the conservation of the significant natural, cultural, historical, archaeological, scenic, and recreational resources of the heritage area; and

(2) the provision of educational, interpretive, and recreational opportunities consistent with the resources and associated values of the heritage area.

SEC. 407. PRIVATE PROPERTY PROTECTIONS; SAVINGS PROVISIONS.

(a) Private Property Protection-

(1) NOTIFICATION AND CONSENT OF PROPERTY OWNERS REQUIRED- No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation or promotion to the management entity.

(2) LANDOWNER WITHDRAWAL- Any owner of private property included within the boundary of the heritage area, shall have their property immediately removed from within the boundary by submitting a written request to the management entity.

(3) ACCESS TO PRIVATE PROPERTY- Nothing in this title shall be construed to require any private property owner to permit public access (including Federal, State, or local government access) to such private property. Nothing in this title shall be construed to modify any provision of Federal, State, or local law with regard to public access to or use of private lands.

(4) LIABILITY- Designation of the heritage area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property.

(5) RECOGNITION OF AUTHORITY TO CONTROL LAND USE- Nothing in this title shall be construed to modify any authority of Federal, State, or local governments to regulate land use.

(6) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE AREA- Nothing in this title shall be construed to require the owner of any private property located within the boundaries of the heritage area to participate in or be associated with the heritage area.

(b) Effect of Establishment- The boundaries designated for the heritage area represent the area within which Federal funds appropriated for the purpose of this title shall be expended. The establishment of the heritage area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the heritage area or its viewshed by the Secretary, the National Park Service, or the management entity.

(c) Tribal Lands- Nothing in this title shall restrict or limit a tribe from protecting cultural or religious sites on tribal lands.

(d) Trust Responsibilities- Nothing in this title shall diminish the Federal Government's trust responsibilities or government-to-government obligations to any federally recognized Indian tribe.

SEC. 408. SUNSET.

The authority of the Secretary to provide assistance under this title terminates on the date that is 15 years after the date of enactment of this Act.

SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There are authorized to be appropriated to carry out this title $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year.

(b) Cost-Sharing Requirement- The Federal share of the total cost of any activity assisted under this title shall be not more than 50 percent.

Passed the House of Representatives May 16, 2005.

Attest:

JEFF TRANDAHL,

Clerk.

END