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Page:United States Statutes at Large Volume 123.djvu/1287

 123STA T . 12 67PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(2)NOEF FE CT O NI N D I A NT R I B E S.— N othing in thi s s ec tion— ( A ) r estricts a n I n d ian tri b e f ro mp rotecting c ul tural or religious sites on tribal land or ( B ) diminishes the trust responsibilities or go v ernment - to-government obligations of the U nited S tates to an y Indian tribe recogni z ed by the F ederal G overnment. (h) A U T H ORI Z ATION OF A P PROPRIATIONS.— ( 1 )IN G ENERA L .— T here is authorized to be appropriated to carry out this section $ 1 0, 000,000, of w hich not more than $1,000,000 may be made available for any fiscal year. (2) A V AILABILIT Y .—Amounts made available under para- graph (1) shall remain available until e x pended. ( 3 ) C OST-SHARING RE Q UIRE M ENT.— (A) IN GENERAL.—The Federal share of the total cost of any activity under this section shall be not more than 5 0 percent. (B) FORM.—The non-Federal contribution— (i) shall be from non-Federal sources; and (ii) may be in the form of in- k ind 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.80 08. MI SSISSI P PI D E LTAN ATI O NAL H E R ITA G E AREA. (a) D EFINITIONS.—In this section (1) BOARD.—The term ‘ ‘Board ’ ’ means the Board of Direc- tors of the local coordinating entity. (2) H ERITAGE AREA.—The term ‘‘Heritage Area’’ means the M ississippi Delta National Heritage Area established by sub- section (b)(1). (3) L OCAL COORDINATING ENTITY.—The term ‘‘local coordi- nating entity’’ means the local coordinating entity for the Herit- age 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 ‘‘Mis- sissippi Delta National Heritage Area’’, numbered T13 /8 0,000, and dated April 2008. ( 6 ) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. ( 7 ) STATE.—The term ‘‘State’’ means the State of Mis- sissippi. (b) E STABLISHMENT.— (1) ESTABLISHMENT.—There is established in the State the Mississippi Delta National Heritage Area. (2) BOUNDARIES.—The Heritage Area shall include all coun- ties in the State that contain land located in the alluvial floodplain of the Mississippi Delta, including Bolivar, Carroll, Coahoma, Desoto, Holmes, Humphreys, Issa q uena, Leflore, P anola, Q uitman, Sharkey, Sunflower, Tallahatchie, Tate, Tunica, W arren, Washington, and Y azoo Counties in the State, as depicted on the map. 16USC4 61 note.


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 123STA T . 12 68PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(3)AVAIL A B ILI TYOFM A P.—Themaps ha l l b e onfi le an d a v ailable fo r p u bli c inspec t ion in the office of the D irector of the N ational P ar kS ervice. ( 4 ) L O C AL COO RD I N ATIN GE NTITY.— (A) DE S IGNATION.—The M ississippi Delta National H erita g e Area Partnership shall be the local coordinating entit y for the Heritage Area. ( B ) BOARD OF DIRECTORS.— (i) C OMPOSITION.— ( I ) IN GENERAL.—The local coordinating entity shall be governed by a Board of Directors composed of 15 members , of w hom— (aa) 1 member shall be appointed by Delta State U niversity (bb) 1 member shall be appointed by Mis - sissippi V alley State University; (cc) 1 member shall be appointed by Alcorn State University; (dd) 1 member shall be appointed by the Delta F oundation; (ee) 1 member shall be appointed by the Smith R obertson Museum; (ff) 1 member shall be appointed from the office of the G overnor 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 His- tory; ( j j) 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 RE QU IREMENTS.—At least 7 members of the Board shall reside in the Heritage Area. (ii) O FFICERS.— (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) C H AIRPERSON.—The duties of the Chairperson shall include— (AA) presiding over meetings of the Board; (BB) e x ecuting documents of the Board; and (CC) coordinating activities of the Heritage Area with Federal, State, local, and nongovernmental officials. (bb) VICE CHAIRPERSON.—The Vice Chair- person shall act as Chairperson in the absence or disability of the Chairperson.

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Page:United States Statutes at Large Volume 123.djvu/1289

 123STA T . 12 69PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (i ii )MAN A GEM EN T A U T HORI T Y.— ( I ) IN GENERA L .— TheBoards ha l l— (aa) e x er c ise all cor p ora t epo w ers o f the local coordi n atin g entit y; ( b b) m anage the acti v ities and affairs of the local coordinating entity; and (cc) s u b j ect to any limitations in the arti - cles and bylaws of the local coordinating entity , this section, and any other applicable F ederal or S tate law, establish the policies of the local coordinating entity. (II) STA F F.—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) BYLA WS .— (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) N OTI C E.—The Board shall provide notice of any meeting of the Board at which an amend- ment 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 H erit- age A rea. (c) D UTIES AN D AUTHORITIES OF L OCAL C OORDINATING E NTITY.— ( 1 ) DUTIES OF THE LOCAL COORDINATING ENTITY.—To fur- ther 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 organi z ations, and nonprofit organizations in implementing the approved management plan by— (i) carrying out programs and projects that recog- nize, 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 apprecia- tion 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 Man a gem en tpl an .D ea d l i ne. Po li c ie s .


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 123STA T . 12 70PUBLIC LA W 111 – 11 —M A R .30, 200 9(vi i )prom o t i ngaw i de range o f partner sh ips among governments , organi z ations, and individ u a l s to further the purposes of the H eritage A rea ( C ) c onsider the interests of diverse units of govern - ment, b usinesses, 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 semi- annuall y regarding the development and implementation of the management plan; ( E ) submit an annual report to the S ecretary for each fiscal year for which the local coordinating entity receives F ederal funds under this section specifying — (i) the accomplishments of the local coordinating entity; (ii) the e x penses and income of the local coordi- nating 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) ma k e 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 )re q uire 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 )A UTHORI TI ES .— T he local coordinating entity may, sub- j ect to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Fed- eral 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 activi- ties that further the purposes of the Heritage Area and are consistent with the approved management plan. ( 3 ) P ROHI B ITIO N ON ACQ UISITION O F REA LP ROPERT Y .—The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property. (d) M ANA G E M ENT PLAN.— Records. Records. D e a d lin e. Re p or t s. Pub lic in f or m ation. Deadlines.


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Page:United States Statutes at Large Volume 123.djvu/1291

 123STA T . 12 7 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)INGE NE RAL.—Notla t er t h a n3y ear s a f ter the d ate on w h ic hf u nds are m ade a v aila b le to develo p the mana g ement plan , the local coordinating entity shall submit to the S ecretary for approval a proposed management plan for the H eritage A rea. ( 2 ) R E QUI RE M EN TS .— T he management plan for the Herit - age 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 protec- tion, enhancement, interpretation, funding, management, and development of the Heritage Area ( B )ta k e into consideration e x isting 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 organi z ations, 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 intergovern- mental 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 P ark 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 ma j or activities described in the management plan; and (ii) provides ade q uate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area. Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1292

 123STA T . 12 7 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(3)TERMINAT I O NO F F U N D IN G.—Iftheman a g ement pl an is n o ts ub mitte d to the S e cr etar y in accordance w ith this sub - section , the local coordinating entity shall not q ualify for addi- tional financial assistance under this section until the manage- ment plan is submitted to, and appro v ed by, the Secretary. ( 4 ) AP PRO V A L OF MANAGEMENT PLAN.— (A) R EVIE W .— N ot 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 ) C ON S ULTATION RE Q UIRED.—The Secretary shall consult with the G overnor of the State and any tribal government in which the H eritage Area is located before approving the management plan. (C) CRITERIA FOR APPROVAL.—In determining whether to approve the management plan, the Secretary shall con- sider whether— (i) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organi z ations, educational institutions, businesses, community residents, and recreational organizations (ii) the local coordinating entity has afforded ade- quate opportunity for public and governmental involve- ment (including through wor k shops and public meetings) in the preparation of the management plan; (iii) the resource protection and interpretation strategies described in the management plan, if imple- mented, would adequately protect the cultural, histor- ical, archaeological, natural, and recreational resources of the Heritage Area; (iv) the management plan would not adversely affect any activities authorized on F ederal 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 )A C TION 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 manage- ment 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 manage- ment plan that substantially alters the purposes of Deadlin e .


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 123STA T . 12 7 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9theH e ri t ag e A rea s ha l l b ere v ie w e d b y the S e c retary a n da p pr o ved or disapproved in the sa m e manner as the original management plan .( ii )IMPLE ME NTA T IO N. —T he local coordinating entity shall not u se F ederal f unds authori z edtobe appropriated by this section to implement an amend - ment to the management plan until the Secretary approves the amendment. (e) DU TIE S AN D AUT H O R ITIES O F THE SE C RETAR Y .— ( 1 ) TECHNICAL AND FINANCIAL ASSISTANCE.— (A) IN G ENERAL.— O nthere q uest of the local coordi- nating entity , the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordi- nating entity to develop and implement the management plan. ( B ) C OOPERATI V E AGREEMENTS.—The Secretary may enter into cooperative agreements with the local coordi- nating entity and other public or private entities to provide technical or financial assistance under subparagraph (A). (C) P RIORITY.—In assisting the Heritage Area, the Sec- retary 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 rec- reational opportunities consistent with the purposes of the Heritage Area. (D) PROHI B ITION OF CERTAIN RE Q UIREMENTS.—The Sec- retary 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 ) E VALUATION; REPORT.— (A) IN GENERAL.— N ot 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 Par k 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 ob j ectives 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


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 123STA T . 12 74PUBLIC LA W 111 – 11 —M A R .3 0, 200 9pur p ose so fid e nt if y in g t h e c ritic al co m ponents for sustaina b ility of the H eritage A rea .(C)REPORT . — (i) ING ENER AL .— B ased on the e v aluation con - ducted under subparagraph (A)(i) , the S ecretary shall prepare a report that includes recommendations for the future role of the N ational P ar k Service, if any, w ith respect to the Heritage Area. (ii) RE QUI RE D ANAL YS IS.—If the report prepared under this subparagraph recommends that F ederal funding for the Heritage Area be reauthori z ed, 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) SU BM ISSION TO C ONGRESS.— O n completion of a report under this subparagraph, the Secretary shall submit the report to— (I) the Committee on E nergy and Natural Resources of the Senate; and (II) the Committee on Natural Resources of the House of Representatives. (f) RELATIONS H IP 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.— T othema x imum 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 F EDERAL AGENCIES.—Nothing in this section— (A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Fed- eral land under the j urisdiction of the Federal agency; (B) limits the discretion of a Federal land manager to implement an approved land use plan within the bound- aries 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 O W NERS 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) re q uires 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;


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 123STA T . 12 75PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(4)conveysa ny l an du seo r o th er re g ulatory author i ty to the local coordinating entity ( 5 ) authori z esori mp lies the reservation or appropriation o fw ater or water rights; ( 6 ) diminishes the authority of the S tate to manage fish and wildlife , including the regulation of fishing and hunting within the H eritage A rea; ( 7 ) creates any lia b ility, or affects any liability under any other law, of any private property owner with respect to any person in j ured on the private property; ( 8 ) restricts an I ndian tribe from protecting cultural or religious sites on tribal land; or ( 9 ) diminishes the trust responsibilities of government - to- government obligations of the U nited States of any federally recognized Indian tribe . (h) A UTHORIZA TIO N O F A P PROPRIATION S . — ( 1 )IN GE NERA L .— T here is authorized to be appropriated to carry out this section $ 1 0 ,000,000, of which not more than $1,000,000 may be made available for any fiscal year. ( 2 ) C OST-SHARING RE Q UIRE M ENT.— (A) IN GENERAL.—The F ederal 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- k ind contributions of goods or services fairly valued. (i) TERMINATION OF FINAN C IAL 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.80 0 9 . MU SC L ES HOA LS N A TI ONAL HE R ITA G E AREA , ALA B AMA. (a) P URPOSES.—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 N ational 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, E uropean 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 cul- ture 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, cul- tural, scenic, and natural resources of the region for the edu- cational and inspirational benefit of current and future genera- tions; and 16USC4 61 note.


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Page:United States Statutes at Large Volume 123.djvu/1296

 123STA T . 12 76PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(6)topr o videa ppropriate l i nk a g e sb et w een u nits o f t h e N ational P ark Sy ste m and c ommunities , governments, and organi z ations within the H eritage A rea . (b) DEFIN I T I O N S . —I n this section ( 1 )HE R IT AG E AREA.— T he term ‘ ‘Heritage Area ’ ’ means the M uscle Shoals National Heritage Area established by sub - section (c)(1). ( 2 ) L O C A L COOR D INATING ENTIT Y .—The term ‘‘local coordi- nating entity’’ means the Muscle Shoals R egional C enter, the local coordinating entity for the Heritage Area designated by subsection (c)( 4 ). ( 3 ) MANAGE M ENT P LAN.—The term ‘‘management plan’’ means the plan for the Heritage Area re q uired under subsection (d)(1)(A). (4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Muscle Shoals National Heritage Area’’, numbered T 08/ 80,000, and dated O ctober 200 7 . ( 5 ) STATE.—The term ‘‘State’’ means the State of Alabama. (c) E STA B LIS H MENT.— (1) IN GENERAL.—There is established the Muscle Shoals National Heritage Area in the State. (2) B O U NDARIES.—The Heritage Area shall be comprised of the following areas, as depicted on the map: (A) The Counties of Colbert, F ranklin, Lauderdale, Lawrence, Limestone, and Morgan, Alabama. (B) The W ilson Dam. (C) The Handy Home. (D) The birthplace of Helen K eller. (3) A V AILABILITY MAP.—The map shall be on file and avail- able 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 fur- ther 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 e x penses and income of the local coordi- nating 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 Records.D e a d lin e. Re p or t s. M ana g e m ent plan. Designation.


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 123STA T . 12 7 7 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9underthis se c ti o n ,al lin f or m ation p ertainin g to the e x penditure of the funds and an y matching funds encourage, b y appropriate means, economic de v elopment that is consistent w ith the purposes of the H eritage A rea; and ( E ) serve as a catalyst for the implementation of pro j ects and programs among diverse partners in the Herit - age Area . ( 2 )A UTHORI TI ES . —T he local coordinating entity may, sub- ject to the prior approval of the S ecretary, for the purposes of preparing and implementing the management plan, use F ed- eral funds made available under this section to— (A) ma k e grants to the State, political subdivisions of the State, nonprofit organi z ations, 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 activi- ties that further the purposes of the Heritage Area and are consistent with the approved management plan. ( 3 ) P ROHI B ITIO N ON ACQ UISITION O F REA LP ROPERT Y .—The local coordinating entity may not use Federal funds received under this section to ac q uire any interest in real property. (e) M ANA G E M ENT PLAN.— ( 1 ) I N GENERAL.— N ot 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) R EQUIREMENTS.—The management plan for the Herit- age 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; Deadlin e .
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Page:United States Statutes at Large Volume 123.djvu/1298

 123STA T . 12 78PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(D)includea nin v en tory o f t h e natural , hi s toric, cul - tural, educational, scenic, and recreational resources of the H erita g e A rea relating to the stories and the m es of the Heritage Area that should b e p rotected, enhanced, inter- preted, managed, funded, or developed ( E ) recommend policies and strategies for resource management, including the development of intergovern- mental 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 develop- ment; and (iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, S tate, tribal, or local government agency, organi z ation, business, or individual; ( G ) include an analysis of, and recommendations for, w ays in which Federal, State, tribal, and local programs may best be coordinated (including the role of the N ational P ar k 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 ma j or activities described in the management plan; and (ii) provides ade q uate 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 ) TERMINAT I O NO F F U N D IN G .— I f 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 )A P PRO V A L OF MANAGEMENT PLAN.— (A) R EVIE W .—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 ) C ON S ULTATION RE Q UIRED.—The Secretary shall consult with the Governor of the State in which the Herit- age Area is located before approving the management plan. (C) CRITERIA FOR APPROVAL.—In determining whether to approve the management plan, the Secretary shall con- sider whether— (i) the local coordinating entity represents the diverse interests of the Heritage Area, including Fed- eral, State, tribal, and local governments, natural and Deadlin e . Deadline.


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 123STA T . 12 79PUBLIC LA W 111 – 11 —M A R .3 0, 2009 histor i c r e so u rce p rotectio n or ga ni z ations , e d ucationa l institutions, b usinesses, co m munit y residents, rec - reational organizations, and pri v ate property o w ners ii ) the local coordinating entity — ( I )hasa f forded ade q uate opportunity for public and F ederal, S tate, tribal, and local govern- mental involvement (including through wor k shops 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 imple- mented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cul- tural, scenic, and recreational resources of the H eritage A rea; (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 partner- ships 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 )D ISAP P ROV A L .— (i) I NGE NERAL.—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 manage- ment plan. (ii) DEA D LINE.— N ot later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. ( E )A M ENDMEN T S.— (i) IN GENERAL.—An amendment to the manage- ment 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.— T he local coordinating entity shall not use Federal funds authorized by this Revi e w.


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Page:United States Statutes at Large Volume 123.djvu/1300

 123STA T . 12 80PUBLIC LA W 111 – 11 —M A R .30, 200 9section toi mpl ement a n amen d ment to t h e mana g e - ment plan u ntil the S ec r etar y appro v es the amend- ment .(F)AUTHORI TI ES . —T he Secretary may— (i) provide technical assistance under the authority o f this section for the development and implementation of the management plan and (ii) enter into cooperative agreements w ith interested parties to carry out this section. (f) D UTIES AND AUTHORITIES O F THE SE C RETAR Y .— ( 1 ) TECHNICA L AND FINANCIAL ASSISTANCE.— (A) I N G ENERAL.— O nthere q uest of the local coordi- nating entity , the Secretary may provide technical and financial assistance, on a reim b ursable or nonreimbursable basis (as determined by the Secretary), to the local coordi- nating entity to develop and implement the management plan. ( B ) C OO P ERATI V E AGREE M ENTS.—The Secretary may enter into cooperative agreements with the local coordi- nating entity and other public or private entities to provide technical or financial assistance under subparagraph (A). ( 2 ) E VALUATION; REPORT.— (A) IN GENERAL.— N ot later than 3 years before the date on which authority for Federal funding terminates for the H eritage 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 P ar k 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) analy z e 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) R EPORT.— (i) IN GENERAL.—Based on the evaluation con- ducted 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) RE Q UIRED 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—


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 123STA T . 12 8 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(I)waysin w h i c h Fed e r a lfu ndin g f o r t he H eritage A rea m ay b e reduced or eliminated and (II) the a p propriate time period necessary to achie v e the recommended reduction or elimination . (iii) SUBMIS SI ONT O C ON GRE SS. —O n completion of a report under this subparagraph , the Secretary shall submit the report to— (I) the C ommittee on E nergy and N atural R esources of the Senate; and (II) the Committee on Natural Resources of the House of Representatives. (g) RE LA TIONS H I P TO OTHER FE D ERAL 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.— T othema x imum 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 F EDERAL AGENCIES.—Nothing in this section— (A) modifies, alters, or amends any laws (including regulations) authori z ing a Federal agency to manage Fed - eral land under the j urisdiction of the Federal agency; ( B ) limits the discretion of a Federal land manager to implement an approved land use plan within the bound- aries of the Heritage Area; or (C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. (h) P ROPERT Y O W NERS 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) re q uires 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) AUTHORI Z ATION OF APPROPRIATIONS.—


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Page:United States Statutes at Large Volume 123.djvu/1302

 123STA T . 12 8 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)INGE NE RAL.—Ther e isaut h o ri z e d to b ea p propriated to c arr y out this sectio n$ 1 0, 000,000, o fw hich not m ore than $1,000,000 may be made a v ai l able for any fiscal year. ( 2 ) AV A I LA B ILI TY .— F unds made available under para g raph (1) shall remain available until e x pended. ( 3 ) COS T - S H ARING RE QU IRE M ENT.— (A) IN GENERAL.—The Federal share of the total cost of any activity under this section shall be not more than 5 0 percent. ( B ) FORM.—The non-Federal contribution may be in the form of in- k ind contributions of goods or services fairly valued. ( 4 ) U SEO F FE D ERAL FUNDS FROM OTHER SOUR C ES.— N othing 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 E FFECTIVENESS.—The authority of the S ec- retary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act. SEC.801 0. K E NAIMOU N T AINS - TU R NA G AIN ARM NATIONA LH ERITAGE AREA , ALASKA. (a) D EFINITIONS.—In this section (1) H ERITAGE AREA.—The term ‘ ‘Heritage Area ’ ’ means the K enai M ountains-Turnagain Arm National Heritage Area established by subsection (b)(1). (2) L OCAL COORDINATING ENTITY.—The term ‘‘local coordi- nating entity’’ means the Kenai Mountains-Turnagain Arm Cor- ridor Communities Association. (3) MANAGEMENT P LAN.—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 ‘‘ P ro- posed 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 Moun- tains-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, Chu- gach National Forest (B) the Alaska R egional O ffice of the National Park Service; and (C) the office of the Alaska State Historic Preservation Officer. (c) MANAGEMENT PLAN.— 16USC4 61 note.


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Page:United States Statutes at Large Volume 123.djvu/1303

 123STA T . 12 8 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)LOCAL COO RDIN A T IN GE NTIT Y.—Theloca l coo rdin a t in g entit y, in p artner s hip w ith other interested parties, shall de v elop a m anagement plan f or the H eritage A rea in accordance with this section. ( 2 ) R E QU IRE M ENT S .—The management plan for the Herit - age Area shall— (A) descri b e comprehensive policies, goals, strategies, and recommendations for u se 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 F ederal G overnment, S tate, tribal, and local governments, private organi z ations, and citizens will ta k e to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; ( C ) specify e x isting 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, cul- tural, 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 intergovern- mental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, histor- ical, 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 develop- ment; 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 N ational P ark Service, the Forest Service, and other Federal agen- cies associated with the Heritage Area) to further the pur- poses 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 ma j or activities contained in the management plan; and (ii) provides ade q uate assurances that the local coordinating entity has the partnerships and financial


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 123STA T . 12 84PUBLIC LA W 111 – 11 —M A R .3 0, 200 9andother re s o u r c es necessar y to impl ement the mana g ement plan f or the H eritage A rea .(3)DEADLIN E. — (A) I N G ENE R AL.— N ot later than 3 years after the date on w hich funds are first made a v aila b le to develop the management plan after the date of enactment of this Act , the local coordinating entity shall submit the manage - ment plan to the S ecretary for approval. ( B ) T ER M INA T I O NO F F U NDING.—If the management plan is not submitted to the Secretary in accordance with subparagraph (A), the local coordinating entity shall not q ualify for any additional financial assistance under this section until such time as the management plan is sub- mitted to and approved by the Secretary. ( 4 )A P PRO V AL OF MANAGEMENT PLAN.— (A) R EVIE W .—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 estab- lished under subparagraph ( C ). (B) CON S ULTATION.—The Secretary shall consult with the G overnor 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 F ederal Government, State, tribal, and local govern- ments, natural and historical resource protection organi z ations, educational institutions, businesses, rec- reational organizations, community residents, and pri- vate property owners (ii) the local coordinating entity— (I) has afforded adequate opportunity for public and Federal, State, tribal, and local govern- mental involvement (including through wor k shops and hearings) in the preparation of the manage- ment 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 imple- mented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historical, cul- tural, 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; Deadlin e .


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 123STA T . 12 85PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(vi)theS e cr et a r y ha s receive d ade qu ate assur - a n ces f r om the a p propriate State , tri b a l , and local offi- cials w hose support is needed to ensure the effective implementation of the State, tribal, and local elements of the mana g ement plan and (vii) the management plan demonstrates partner- ships among the local coordinating entity, F ederal G overnment, State, tribal, and local governments, regional planning organi z ations, nonprofit organiza- tions, or private sector parties for implementation of the management plan . ( D )D ISAP P ROV A L . — (i) INGE NERAL.—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 ma k e recommendations to the local coordinating entity for revisions to the manage- ment plan. (ii) DEA D LINE.— N ot later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. ( E ) AM ENDMEN T S.— (i) IN GENERAL.—An amendment to the manage- ment plan that substantially alters the purposes of the H eritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (ii) IMPLEMENTATION.— T he local coordinating entity shall not use Federal funds authorized by this section to implement an amendment to the manage- ment plan until the Secretary approves the amend- ment. (F) A U T H ORITIES.—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; R EPORT.— (1) IN GENERAL.—Not later than 3 years before the date on which authority for Federal funding terminates for the Herit- age 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 para- graph (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 ob j ectives of the approved management plan for the Heritage Area; Revi e w.


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Page:United States Statutes at Large Volume 123.djvu/1306

 123STA T . 12 86PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)an a lyzeth e F e d e r al ,S tate, tr ib al, l oc al, and p ri v ate inve s t m ents in the H erita g e A rea to determine the impact o f the investments and ( C ) revie w the management str u cture, partnership relationships, and funding of the Heritage Area for pur - poses of identifying the critical components for sustain- ability of the Heritage Area . ( 3 ) REPORT . — Based on the evaluation conducted under paragraph ( 1 )(A), the Secretary shall submit to the Committee on E nergy and N atural Resources of the Senate and the Com- mittee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National P ar k Service, if any, with respect to the Herit- age Area. (e) L O CAL COOR DIN ATIN G ENTIT Y .— (1) DU TIE S .— T o 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 e x pedite the implementation of pro j ects 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 accomplish- ments of the local coordinating entity; (ii) the expenses and income of the local coordi- nating 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 ) AUT H ORITIES.—For the purpose of preparing and imple- menting 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 pro- vide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested par- ties; (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; Records.D e a d lin e. Re p or t s.


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 123STA T . 12 87PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(E)toen te ri nto c ontr a ct sf or g oo d sorser v ices and ( F )tos up port activities of partners and an y ot h er activities that further the purposes of the H eritage A rea and are consistent w ith the approved m anagement p l an. ( 3 ) PROHIB I T IO N ON ACQU I S ITION O F R E A LP ROPERT Y . —T he local coordinating entity may not use Federal funds authori z ed under this section to ac q uire any interest in real property. (f) R ELATIONSHIP TO O THER FE D ERAL A G ENCIES.— ( 1 ) I N GENERAL.— N othing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other provision of law. ( 2 ) C ONSULTATION 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 S ecretary and the local coordi - nating entity , to the ma x imum extent practica b le. (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 j urisdiction of the Federal agency; ( B ) limits the discretion of a Federal land manager to implement an approved land use plan within the bound- aries of a Heritage Area; or (C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. (g) PRI V ATE 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 partici- pating 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 ma k e 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) AUTHORI Z ATION OF APPROPRIATIONS.—Subject to para- graph (2), there is authorized to be appropriated to carry out this section $ 1, 0 00,000 for each fiscal year, to remain available until expended.


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Page:United States Statutes at Large Volume 123.djvu/1308

 123STA T . 12 8 8 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(2)LIM I TA TI ON ON TOTA L AMO U NT S A P P R OPRIAT ED.—Notm o re t han a tota l o f$10, 000,000 ma yb ema d ea v a i lable to c arry o u t thi s section. ( 3 ) C OST - S H ARIN G .— ( A ) I N GENERAL.— T he F ederal share of the total cost of any activity carried out under this section shall not e x ceed 5 0 p ercent. ( B )FORMO F 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- k ind contributions of g oods or services fairly valued. (i) TERMINATION OF AUTHORIT Y .—The authority of the S ecretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act. Subti t leB— Stu d ie sSEC.810 1.C HAT TAH O OCHEE T R ACE , A L A B A M AA NDG EORG I A. (a) D EFINITIONS.—In this section (1) CORRIDOR.—The term ‘ ‘Corridor ’ ’ means the Chattahoo- chee Trace National H eritage Corridor. (2) SE C RETARY.—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 w ith State historic preservation officers, State historical societies, State tourism offices, and other appropriate organi z ations 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 R iver Basin and surrounding areas, as generally depicted on the map entitled ‘‘Chattahoochee Trace National Herit- age Corridor, Alabama /G eorgia’’, numbered T05/ 8 0000, and dated J uly 200 7; 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 ad j acent to, or in the vicinity of, those areas. (3) RE Q UIREMENTS.—The study shall include analysis, docu- mentation, 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 U nited States; (ii) are worthy of recognition, conservation, interpretation, and continuing use; and (iii) would be best managed—


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 123STA T . 12 89PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (I)throug h pa rt ne r s h i psa m ong pu bl i c an d pri -v ate entities and (II) b y lin k ing diverse and sometimes non- contiguous resources and active communities; ( B )re f lects traditions , customs, beliefs, and folklife that are a valuable part of the story of the U nited S tates; ( 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 sup- porting interpretation; ( E ) includes residents, business interests, nonprofit organi z ations, 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 F ederal G overnment; and (iii) have demonstrated support for the designation of the Corridor; (F) has a potential management entity to w ork in partnership with the individuals and entities described in subparagraph (E) to develop the Corridor while encour- aging State and local economic activity; and (G) has a conceptual boundary map that is supported by the public . (c) REPORT .— N ot later than the 3 rd 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 H ouse 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. SEC.8102 . NORTH ERN NEC K,VI R G INI A . (a) DE FIN ITION S .—In this section (1) P ROPOSE DH ERIT AG E AREA.— T he term ‘ ‘proposed Herit- age A rea ’ ’ means the proposed Northern Neck National Herit- age Area. (2) STATE.—The term ‘‘State’’ means the State of V irginia. (3) ST U D Y 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) W estmoreland, Northumberland, Richmond, K ing George, and L ancaster 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 ad j acent to, or in the vicinity of, those areas.


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 123STA T . 12 90PUBLIC LA W 111 – 11 —M A R .30, 2009 (b)STUDY.— ( 1 ) INGE NE RAL .—I nac c ord anc ewithp ara g raph s ( 2 ) and ( 3 ), the Secretar y , in cons ul tation with appropriate State his - toric preser v ation o f ficers, State historical societies, and other appropriate organi z ations, shall conduct a study to deter m ine the suitability and feasibility of designating the study area as the N orthern Nec k National H eritage A rea. (2) R E Q U I RE M ENT S .— T he study shall include analysis, docu- mentation, 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 U nited 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 nat- ural, 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 des- ignation and management of the proposed Heritage Area; (I) has a proposed local coordinating entity that is responsible for preparing and implementing the manage- ment 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 commit- ment 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) ADDITI O NAL C ONSULTATION REQUIREMENT.—In con- ducting the study under paragraph (1), the Secretary shall— (A) consult with the managers of any Federal land located within the study area; and


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 123STA T . 12 9 1 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (B)befor e making an yd e t ermination w it h re sp e c tto the designation of the st u dy area , secure the concurrence of each manager with respect to each finding of the study . (c) DET E RMINA TI O N. — ( 1 ) I N G ENERA L .— T he S ecretary, in consu l tation with the G o v ernor of the State, shall review, comment on, and determine if the study area meets each re q uirement described in sub - section (b)( 2 ) for designation as a national heritage area. (2) R E P ORT.— ( A ) IN GENERAL.— N ot 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 C ommittee on E nergy and Natural Resources of the Senate and (ii) the Committee on Natural Resources of the H ouse of Representatives. (B) RE QU IREMENT S .— (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) DISAPPRO V AL.—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 deter- mination. Subti t leC—Am e nd ment sR el a tin g t oN ational H e r itage Corridors SEC.8201 . QUIN E BA U G AN D S H E T UC K ET R I V ERS VA L LE Y NATI O NAL HERITAGE CORRIDOR. (a) TERMINATION O F AUT H ORIT Y .—Section 1 06 (b) of the Q uinebaug and Shetucket Rivers V alley National Heritage Corridor Actof1 9 9 4 (16 U .S.C. 461 note; P ublic L aw 103 – 449) is amended by striking ‘ ‘September 30, 2009 ’ ’ and inserting ‘‘September 30, 201 5 ’’. (b) EVALUATION; REPORT.—Section 106 of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 103–449) is amended by adding at the end the following ‘‘(c) EVALUATION; REPORT.— ‘‘(1) IN GENERAL.—Not later than 3 years before the date on which authority for F ederal funding terminates for the Cor- ridor, the Secretary shall— ‘‘(A) conduct an evaluation of the accomplishments of the Corridor; and ‘‘(B) prepare a report in accordance with paragraph (3).


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 123STA T . 12 9 2 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 ‘ ‘ (2)EVALU A TION.—Anevalu a tio n c on d ucted unde rp ara -g rap h ( 1 )(A) s hall— ‘‘(A) assess the progress o f the m anagement entit yw ith respect to— ‘‘(i) accomplishing the purposes of this title for the C orridor and ‘‘(ii) achieving the goals and o bj ectives of the management plan for the Corridor; ‘‘( B ) analy z e the F ederal ,S tate, 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 ) REP O R T.— ‘‘(A) I N G ENERAL.—Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the N ational P ar k Service, if any, with respect to the Corridor. ‘‘(B) RE Q UIRE D ANAL YS IS.—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) SU BM ISSION TO C ONGRESS.— O n 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 H ouse of Representatives. ’ ’. (c) AUT H ORI Z ATION O F APPROPRIATIONS.—Section 1 09 (a) of the Q uinebaug and Shetucket Rivers V alley National Heritage Corridor Act of 199 4 (1 6U .S.C. 461 note; Public L aw 103 – 449) is amended by striking ‘‘ $ 10,000,000’’ and inserting ‘‘$1 5 ,000,000’’. SEC.820 2. D E LAW A R EA N DLE HIG HNA T I O NAL HERITAGE CORRIDOR. T he D elaware and Lehigh National Heritage Corridor Act of 19 8 8 (16 U.S.C. 461 note; Public Law 100–692) is amended— (1) in section 9— (A) by striking ‘‘The Commission’’ and inserting the following ‘‘(a) IN G ENERAL.—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 M anagement 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— Ef f ectiv e da te .


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 123STA T . 12 9 3 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 ‘ ‘ (1)tomakegr a n t s to , an d enter i nto c oo p erati v e agree - ments w it h , the F edera lG overnment, the C ommonwealth, polit- ical s ub divisions o f the Commonwealth, nonprofit organi z ations, and individuals ‘‘( 2 ) to hire, train, and compensate staff; and ‘‘( 3 ) to enter into contracts for goods and services . ‘‘(e) RESTRIC TI ON ON U SEO F F U N D S. —T he Corporation ma y not use Federal funds made available under this A cttoac q uire land or an interest in land. ’ ’; (2) in section 1 0 — (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 S ecretary’’ and inserting the following ‘‘(1) I N G ENER AL .—The Secretary’’; and (iii) by adding at the end the following: ‘‘(2) COO P ERATI V E AGREE M ENTS.—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) P RIORIT Y .—In providing assistance to the Corporation under paragraph (1), the Secretary shall give priority to activi- ties that assist in— ‘‘(A) conserving the significant natural, historic, cul- tural, and scenic resources of the Corridor; and ‘‘(B) providing educational, interpretive, and rec- reational opportunities consistent with the purposes of the Corridor.’’; and (C) by adding at the end the following: ‘‘(e) TRANSITION M EMORANDUM OF UNDERSTANDING.—The Sec- retary 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 ‘‘200 7 ’’ and inserting ‘‘2012’’; and (C) by adding at the end the following: ‘‘(d) TERMINATION OF ASSISTANCE.—The authority of the Sec- retary 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:


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 123STA T . 12 94PUBLIC LA W 111 – 11 —M A R .3 0, 2009 ‘ ‘ (4)the te rm ‘ Co r p or a t i o n’ mean s the D e l a w are &L ehi g h N ational H eritage Corri d or ,I n c orporated, an organi z ation descri b ed in section 501 (c)( 3 ),ande x empt f rom F ederal tax u nder section 501(a), of the Internal R e v enue Code of 1 986; ’’ .SEC.8203 .E RI EC AN A LW A Y NA T I O NAL H ERITA G E CORRI D OR. T he E rie Canalwa y National Heritage Corridor A ct (16 U . S .C. 461 note; P ublic Law 106 – 554) is amended — (1) in section 804— (A) in subsection (b)— (i) in the matter preceding paragraph (1), by stri k ing ‘‘ 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; (I V ) 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 rec - ommendations from each member of the House of Rep- resentatives, the district of which encompasses the Cor- ridor; 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 ma j ority 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 G eneral 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) OPERATION A L A S SISTAN C E.—Subject to the availability of appropriations, the Superintendent of Saratoga National Historical Park may, on re q uest, provide to public and private organizations Defin i t i o n .


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 123STA T . 12 95PUBLIC LA W 111 – 11 —M A R .3 0, 2009 intheCor ri d or ( in clu din g the Co m mi s sion )a n y o p erational assist - ance that is appropriate to assist w ith the implementation o f the Canalway P lan .’ ’ and ( 3 ) in section 810 (a)(1) , in the first sentence, b y stri k ing ‘ ‘any fiscal year’’ and inserting ‘‘any fiscal year, to remain a v ailable until e x pended’’. SEC.8204 . JOHN H. CH AF EE BL AC K S T ONE RIV ER VALLE Y NATIONAL HERITA G E CORRI D OR. S ection 3(b)( 2 ) of Public L aw 9 9 –647 (16 U .S.C. 461 note; 100 Stat. 3626, 120 Stat. 18 5 7) is amended — (1) by striking ‘‘shall be the the’’ and inserting ‘‘shall be the’’; and (2) by striking ‘‘ D irectors from M assachusetts and R hode I sland;’’ and inserting ‘‘Directors from Massachusetts and Rhode Island, ex officio, or their delegates;’’. Subti t leD—Ef fe c t o f T itle SEC. 8 3 0 1 . EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES. N othing in this title shall be construed as affecting access for recreational activities otherwise allowed by law or regulation, including hunting, fishing, or trapping. T I T L EI X — BUR E A U OF RE C LA M ATIO N AUT H ORI Z ATIONS Subtitle A—Fe as ibilit y Stu d ies SEC. 9 001. SNAKE , BOISE, AND P AYETTE RIVER SYSTE M S, IDAHO. (a) I NGE NE RAL .— T he Secretary of the Interior, acting through the B ureau of Reclamation, may conduct feasibility studies on pro j ects that address water shortages within the Snake, Boise, and Payette River systems in the State of Idaho, and are considered appropriate for further study by the Bureau of Reclamation Boise Payette water storage assessment report issued during 2006. (b) B U REAU OF RE C LA M A TI ON.— A study conducted under this section shall comply with Bureau of Reclamation policy standards and guidelines for studies. (c) AUT H ORI Z ATION OF A P PROPRIATION S .—There is authori z ed to be appropriated to the Secretary of the Interior to carry out this section $ 3,000,000. (d) TERMINATION OF E FFECTI V ENESS.—The authority provided by this section terminates on the date that is 10 years after the date of enactment of this Act. SEC. 9002. SIERRA VISTA S U B W ATERSHED, ARI Z ONA. (a) DEFINITIONS.—In this section (1) APPRAISAL REPORT.—The term ‘‘appraisal report’’ means the appraisal report concerning the augmentation alternatives for the Sierra V ista Subwatershed in the State of Arizona, dated J une 2007 and prepared by the Bureau of Reclamation. (2) PRINCIPLES AN DG UIDELINES.—The term ‘‘principles and guidelines’’ means the report entitled ‘‘Economic and Environ- mental Principles and Guidelines for W ater and Related Land


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 123STA T . 12 96PUBLIC LA W 111 – 11 —M A R .3 0, 2009 Resourc es Impl eme nta t i on S tu d ies ’ ’ issued on M arc h10, 1 983, by the W ater Resources C ouncil established under title I o f the Water Resources P lannin gA ct (42U. S.C. 19 6 2aetse q . ) . (3) S ECR E TA R Y . —T he term ‘ ‘Secretary’’ means the Secretary of the Interior. (b) S I ERRA V I S TAS UBW ATERS H E DF EASIBI L ITY STUDY.— (1) STUDY.— (A) I NG ENERAL.—In accordance w ith the reclamation laws and the principles and guidelines, the Secretary, acting through the Commissioner of Reclamation, may com - plete a feasibility study of alternati v es to augment the water supplies within the Sierra Vista Subwatershed in the State of Ari z ona that are identified as appropriate for further study in the appraisal report. ( B ) INCLUSI O NS.—In evaluating the feasibility of alter- natives under subparagraph (A), the Secretary shall— (i) include— (I) any required environmental reviews (II) the construction costs and pro j ected oper- ations, maintenance, and replacement costs for each alternative; and (III) the economic feasibility of each alter- native; (ii) ta k e into consideration the ability of Federal, tribal, State, and local government sources and private sources to fund capital construction costs and annual operation, maintenance, energy, and replacement costs; (iii) establish the basis for— (I) any cost-sharing allocations; and (II) anticipated repayment, if any, of Federal contributions; and (iv) perform a cost-benefit analysis. (2) COST SHARING RE Q UIRE M ENT.— (A) IN GENERAL.—The Federal share of the total costs of the study under paragraph (1) shall not e x ceed 4 5 per- cent. (B) FORM O F NON-FEDERAL SHARE.—The non-Federal share required under subparagraph (A) may be in the form of any in-kind service that the Secretary determines would contribute substantially toward the conduct and completion of the study under paragraph (1). (3) STATEMENT OF CONGRESSIONAL INTENT RELATING TO COM P LETION OF STUDY.—It is the intent of Congress that the Secretary complete the study under paragraph (1) by a date that is not later than 30 months after the date of enactment of this Act. (4) AUTHORI Z ATION OF APPROPRIATIONS.—There is author- ized to be appropriated to the Secretary to carry out this subsection $ 1,260,000. (c) WATER RIGHTS.— N othing in this section affects— (1) any valid or vested water right in existence on the date of enactment of this Act; or (2) any application for water rights pending before the date of enactment of this Act. SEC.90 0 3 .S ANDI E GO IN T E R TIE , CA L I F ORNIA. (a) FEASIBILITY STUDY, PRO J ECT D E V ELOPMENT, COST SHARE.— Deadlin e .


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 123STA T . 12 97PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (1)INGE NE RAL.—TheS e cr e ta r yof the I n ter i or (hereinafter referre d toa s‘ ‘Secretary ’ ’) , in cons ul tation and coo p eration w ith the C ity of San D ie g o and the Sweetwater A uthority, is authori z ed to underta k e a study to deter m ine the feasi b ility of constructing a four reser v oir intertie system to improve water storage opportunities, water supply reliability, and water yield of the e x isting non -F ederal water storage system. The feasibility study shall document the Secretary’s engineering, environmental, and economic investigation of the proposed res- ervoir and intertie pro j ect taking into consideration the range of potential solutions and the circumstances and needs of the area to be served by the proposed reservoir and intertie project, the potential benefits to the people of that service area, and improved operations of the proposed reservoir and intertie system. The Secretary shall indicate in the feasibility report re q uired under paragraph ( 4 ) whether the proposed reservoir and intertie project is recommended for construction. ( 2 )FE D ERAL COST S H ARE.—The Federal share of the costs of the feasibility study shall not exceed 50 percent of the total study costs. The Secretary may accept as part of the non-Federal cost share, any contribution of such in-kind serv- ices by the City of San Diego and the Sweetwater Authority that the Secretary determines will contribute toward the con- duct and completion of the study. ( 3 ) COO P ERAT I ON.—The Secretary shall consult and cooperate with appropriate State, regional, and local authorities in implementing this subsection. (4) FEASI B ILIT Y REPORT.—The Secretary shall submit to Congress a feasibility report for the project the Secretary rec- ommends, and to seek, as the Secretary deems appropriate, specific authority to develop and construct any recommended project. This report shall include— (A) good faith letters of intent by the City of San Diego and the Sweetwater Authority and its non-Federal partners to indicate that they have committed to share the allocated costs as determined by the Secretary and ( B ) a schedule identifying the annual operation, maintenance, and replacement costs that should be allo- cated to the City of San Diego and the Sweetwater Authority, as well as the current and expected financial capability to pay operation, maintenance, and replacement costs. (b) FEDERAL R ECLA M ATION P RO J ECTS.— N othing in this section shall supersede or amend the provisions of Federal Reclamation laws or laws associated with any project or any portion of any project constructed under any authority of Federal Reclamation laws. (c) A U THORI Z ATION O F APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $ 3,000,000 for the Federal cost share of the study authorized in subsection (a). (d) SUNSET.—The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this Act.


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 123STA T . 12 98PUBLIC LA W 111 – 11 —M A R .3 0, 2009 Subti t leB—Proj e c t A ut h ori za tio nsSEC.910 1. TUMALOIR RI G ATIO ND ISTRICT W ATER CONSER V ATION P RO J ECT , OREGON. (a)DEFIN I T I O N S.—Inthis s ec ti o n ( 1 ) DIST R I C T.— T he te rm‘ ‘District ’ ’ means the T u ma l o Irri g ation District ,O regon. ( 2 ) P RO J ECT.—The term ‘‘Pro j ect’’ means the Tumalo Irriga - tion District W ater C onser v ation Project authori z e d under su b - section (b)(1). ( 3 ) S ECRET A R Y .—The term ‘‘Secretar y ’’ means the Secretary o f the Interior. (b) AU T H ORI Z ATION TO P L AN, DESI G NAN D CONSTRUCT THE TU M ALO WATER CONSER V ATION PROJECT.— (1) AUTHORIZATION.—The Secretary, in coo p eration w ith the District— (A) may participate in the planning, design, and construction of the Tumalo Irrigation District Water Con- servation Project in Deschutes County, Oregon and ( B ) for purposes of planning and designing the Project, shall ta k e into account any appropriate studies and reports prepared by the District. (2) COST-SHARING RE Q UIREMENT.— (A) F EDERAL SHARE.—The Federal share of the total cost of the Project shall be 2 5 percent, which shall be nonreimbursable to the U nited States. (B) CREDIT TO W ARD NON-FEDERAL SHARE.—The Sec- retary shall credit toward the non-Federal share of the Project any amounts that the District provides toward the design, planning, and construction before the date of enact- ment of this Act. (3) TITLE.—The District shall hold title to any facilities constructed under this section. ( 4 )O P ERATION AND MAINTENANCE COSTS.—The District shall pay the operation and maintenance costs of the Project. (5) E FFECT.—Any assistance provided under this section shall not be considered to be a supplemental or additional benefit under Federal reclamation law (the Act of J une 1 7, 1 90 2 (32 Stat. 3 8 8, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et se q .). (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary for the Federal share of the cost of the Project $ 4,000,000. (d) TERMINATION OF AUTHORITY.—The authority of the Sec- retary to carry out this section shall e x pire on the date that is 10 years after the date of enactment of this Act. SEC. 910 2 . MADERA WATER SUPPL Y EN H ANCEMENT PROJECT, CALI -F ORNIA. (a) DEFINITIONS.—In this section: (1) DISTRICT.—The term ‘‘District’’ means the M adera Irrigation District, Madera, California. (2) PROJECT.—The term ‘‘Project’’ means the Madera Water Supply Enhancement Project, a groundwater bank on the 13, 6 46-acre Madera R anch in Madera, California, owned, oper- ated, maintained, and managed by the District that will plan,


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 123STA T . 12 9 9 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 design,a nd co ns tru ct rec h arge, reco v er y ,andde l ivery syste m s a b le to store u p to 250 ,000 acre -f eet of w ater and recover up to 55,000 acre-feet of water per year, as substantially described in the C alifornia E nvironmental Q uality A ct, F inal Environmental I mpact R eport for the M adera Irrigation D istrict W ater S upply Enhancement P ro j ect, September 2005 .(3) S ECR E TA R Y . —T he term ‘ ‘Secretary ’ ’ means the Secretary of the Interior. ( 4 )T O TA L CO S T.—The term ‘‘total cost’’ means all reason- able costs, such as the planning, design, permitting, and construction of the Project and the ac q uisition costs of lands used or acquired by the District for the Project. (b) PRO J ECT FEAS IB ILITY.— ( 1 ) PROJECT F EASIBLE.—Pursuant to the Reclamation Act of1 9 02 (32 Stat. 3 8 8) and Acts amendatory thereof and supple- mental thereto, the Project is feasible and no further studies or actions regarding feasibility are necessary. (2) A P PLICABILITY OF OT H ER LA W S.—The Secretary shall implement the authority provided in this section in accordance with all applicable Federal laws, including the N ational Environmental Policy Act of 19 6 9 (42 U .S.C. 4321 et seq.) and the Endangered Species Act of 19 7 3 (7 U.S.C. 136 16 U.S.C. 460 et seq.). (c) COOPERATI V EA G REE M E N T.—All final planning and design and the construction of the Project authori z ed by this section shall be underta k en in accordance with a cooperative agreement between the Secretary and the District for the Project. Such cooperative agreement shall set forth in a manner acceptable to the Secretary and the District the responsibilities of the District for participating, which shall include— (1) engineering and design; (2) construction; and (3) the administration of contracts pertaining to any of the foregoing. (d) A U THORI Z ATION FOR THE MA D ERA WATER SUPPLY AND ENHANCEMENT PROJECT.— (1) AUTHORIZATION OF CONSTRUCTION.—The Secretary, acting pursuant to the Federal reclamation laws (Act of J une 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supple- mentary thereto, is authorized to enter into a cooperative agree- ment through the B ureau of Reclamation with the District for the support of the final design and construction of the Project. (2) TOTAL COST.—The total cost of the Project for the pur- poses of determining the Federal cost share shall not e x ceed $ 90,000,000. (3) COST SHARE.—The Federal share of the capital costs of the Project shall be provided on a nonreimbursable basis and shall not exceed 25 percent of the total cost. Capital, planning, design, permitting, construction, and land acquisition costs incurred by the District prior to the date of the enactment of this Act shall be considered a portion of the non-Federal cost share. (4) CREDIT FOR NON-FEDERAL WOR K .—The District shall receive credit toward the non-Federal share of the cost of the Project for— Contrac t s.


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 123STA T . 13 0 0 PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)in-k in dserv i c es tha t the S ecretar y deter m ines woul d contri b ute substantially toward the com p letion o f the pro j ect ( B ) reasonable costs incurred by the D istrict as a result of participation in the plannin g, design, permitting, and construction of the P roject; and ( C )theac q uisition costs of lands used or acquired by the District for the Project . ( 5 ) LIM I TA TI ON . —T he Secretary shall not provide funds for the operation or maintenance of the Project authori z ed by this subsection. The operation, ownership, and maintenance of the Project shall be the sole responsibility of the District. ( 6 )P L AN S AN D ANAL Y S E S C ONSISTENT W IT HF EDE R AL LAW.— Before obligating funds for design or construction under this subsection, the Secretary shall work cooperatively with the District to use, to the e x tent possible, plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project. The Secretary shall ensure that such information as is used is consistent with applicable F ederal laws and regulations. ( 7 ) TITLE; RES P ONSI B ILITY; LIABILITY.— N othing in this sub- section or the assistance provided under this subsection shall be construed to transfer title, responsibility, or liability related to the Project to the U nited States. ( 8 )A U THORI Z ATION OF APPROPRIATION.—There is author- ized to be appropriated to the Secretary to carry out this subsection $2 2,5 0 0,000 or 25 percent of the total cost of the Project, whichever is less. (e) SUNSET.—The authority of the Secretary to carry out any provisions of this section shall terminate 1 0 years after the date of the enactment of this Act. SEC.9103 .E A S T E RN NE WM E XI C O R U RA L WATER S Y STEM P RO J ECT , NEW MEXICO. (a) DEFINITIONS.— I n this section (1) AUTHORITY.—The term ‘ ‘Authority ’ ’ means the E astern New M exico R ural W ater Authority, an entity formed under State law for the purposes of planning, financing, developing, and operating the System. (2) EN G INEERING REPORT.—The term ‘‘engineering report’’ means the report entitled ‘‘Eastern New Mexico Rural Water System Preliminary Engineering Report’’ and dated O ctober 2006. ( 3 ) PLAN.—The term ‘‘plan’’ means the operation, mainte- nance, and replacement plan required by subsection (c)(2). ( 4 ) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (5) STATE.—The term ‘‘State’’ means the State of New Mexico. (6) SYSTEM.— (A) IN GENERAL.—The term ‘‘System’’ means the Eastern New Mexico Rural Water System, a water delivery project designed to deliver approximately 16,500 acre-feet of water per year from the Ute Reservoir to the cities of Clovis, Elida, G rady, Melrose, Portales, and Texico and other locations in Curry, Roosevelt, and Q uay Counties in the State.


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Page:United States Statutes at Large Volume 123.djvu/1321

 123STA T . 13 0 1 PUBLIC LA W 111 – 11 —M A R .30, 200 9(B)INCLUSIO NS .—Thet e rm‘ ‘ Sys tem ’ ’ includ es the m ajo r com p onents and associated in f rastructure identified as the ‘‘Best Technical A lternati v e’’ in the en g ineering report. ( 7 ) UTER ESER V OIR.—The term ‘‘Ute R eservoir’’ means the impoundment of w ater created in 1962b y the construction of the Ute D am on the C anadian River , located appro x imately 3 2 miles upstream of the border between N ew M exico and Texas. (b) EA STERN NE W ME X ICO RURAL W ATER S Y STE M .— (1) F INANCIAL ASSISTANCE.— (A) IN G ENERAL.—The Secretary may provide financial and technical assistance to the Authority to assist in plan - ning, designing, conducting related preconstruction activi- ties for, and constructing the System. (B) USE.— (i) IN GENERAL.—Any financial assistance provided under subparagraph (A) shall be obligated and expended only in accordance with a cooperative agree- ment entered into under subsection (d)(1)(B). (ii) L IMITATIONS.—Financial assistance provided under clause (i) shall not be used— (I) for any activity that is inconsistent with constructing the System or (II) to plan or construct facilities used to supply irrigation water for irrigated agricultural purposes. (2) COST-S H ARING RE Q UIREMENT.— (A) IN GENERAL.—The Federal share of the total cost of any activity or construction carried out using amounts made available under this section shall be not more than 7 5 percent of the total cost of the System. (B) SYSTEM D EVELO P MENT COSTS.—For purposes of subparagraph (A), the total cost of the System shall include any costs incurred by the Authority or the State on or after O ctober 1, 2 0 03, for the development of the System. (3) LIMITATION.—No amounts made available under this section may be used for the construction of the System until— (A) a plan is developed under subsection (c)(2); and (B) the Secretary and the Authority have complied with any re q uirements of the National Environmental P olicy Act of 1969 ( 4 2 U.S.C. 4321 et seq.) applicable to the System. (4) TITLE TO PRO J ECT WOR K S.—Title to the infrastructure of the System shall be held by the Authority or as may other- wise be specified under State law. (c) OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.— (1) IN GENERAL.—The Authority shall be responsible for the annual operation, maintenance, and replacement costs asso- ciated with the System. (2) OPERATION, MAINTENANCE, AND REPLACEMENT PLAN.— The Authority, in consultation with the Secretary, shall develop an operation, maintenance, and replacement plan that estab- lishes the rates and fees for beneficiaries of the System in the amount necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year.