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Page:United States Statutes at Large Volume 123.djvu/1252

 123STA T . 1232 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(I)actions to f aci l itat e on g oing colla b o r ation a m ong p artners to promote plans for reso u rce protection , restoration, an d construction and (II) specific commitments for implementation t h at ha v e been made b y the local coordinating entity or any government, organi z ation, or indi - vidual for the first 5 years of operation; (v) the identification of sources of funding for car- rying out the management plan; (vi) analysis and recommendations for means by w hich local, S tate, and F ederal programs, including the role of the N ational P ar k Service in the H eritage A rea, may best be coordinated to carry out this section; and (vii) an interpretive plan for the Heritage Area; and ( D ) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techni q ues, including the development of intergovernmental and inter- agency cooperative agreements to protect the natural, cul- tural, historic, scenic, educational, and recreational resources of the Heritage Area . ( 3 )D EADLIN E. — If a proposed management plan is not sub- mitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this section until the date on which the Secretary approves a management plan. ( 4 )A P P ROV ALORDI S APPROVAL O FM ANA G EMEN T PLAN.— (A) IN GENERAL.—Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. ( B ) C RITERIA FOR APPROVAL.—In determining whether to approve the management plan, the Secretary shall con- sider whether— (i) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (ii) the local coordinating entity has afforded ade- quate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (iii) the resource protection and interpretation strategies contained in the management plan, if imple- mented, would adequately protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area. (C) A C TION FOLLO W ING DISAPPROVAL.—If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall— (i) advise the local coordinating entity in writing of the reasons for the disapproval; Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1253

 123STA T . 1233 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(i i )maker e co mme nd a t ion sf or re v isions to t h e mana g ement pl an and (iii) not later than 180 da y s after the date of receipt of any proposed revision of the management plan from the local coordinating entity , approve or disapprove the proposed revision . ( 5 ) AMEND MEN TS . — (A) I N G ENE RAL .— T he S ecretary shall approve or dis - approve each amendment to the management plan that the Secretary determines w o u ldmakeasu b stantial change to the management plan. ( B ) U SE OF F U NDS.—The local coordinating entity shall not use F ederal funds authori z ed to be appropriated by this section to carry out any amendments to the manage- ment plan until the Secretary has approved the amend- ments. (e) R ELAT I ONS H I P TO O THER FEDERAL AGEN C IES.— (1) IN GENERAL.— N othing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law (including regulations). ( 2 ) C ONSULTATION AND COORDINATION.—To the ma x imum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the H eritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity. ( 3 ) OTHER FEDERAL AGENCIES.—Nothing in this section— (A) modifies, alters, or amends any law (including any regulation) authorizing a Federal agency to manage Federal land under the 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. (f) P RI V ATE PROPERT Y AND REGULATORY PROTECTIONS.— Nothing in this section— (1) abridges the rights of any public or private property owner, including the right to refrain from participating in any plan, project, program, or activity conducted within the Herit- age Area; (2) re q uires any property owner— (A) to permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or (B) to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency; ( 4 ) conveys any land use or other regulatory authority to the local coordinating entity; (5) authorizes or implies the reservation or appropriation of water or water rights; ( 6 ) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or Deadlin e .R e com menda -t ion s .

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 123.djvu/1254

 123STA T . 123 4PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(7)creat e s a nyli a b ility ,o ra f fects any liability u n d er any ot h er la w (includin g regulations), of any p ri v ate property owner with respect to any individual in j ured on the private property . (g) EVALU A TION;REP O R T. — ( 1 ) I N G ENERAL.— N ot later than 3 years before the date on which authority for F ederal funding ter m inates for the H erit - age A rea, the S ecretary 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 this section for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analy z e the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and ( C ) review the management structure, partnership relationships, and funding of the Heritage Area to identify the critical components for sustainability of the Heritage Area. (3) REPORT.— (A) IN GENERAL.—Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National P ar k Service, if any, with respect to the Heritage Area. (B) RE Q UIRE D ANAL YS IS.—If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) 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 House of Representatives. (h) FUNDING.— (1) AUT H ORI Z ATION O F APPROPRIATIONS.— T here is author- ized 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) COST-SHARING REQUIREMENT.—The Federal share of the cost of any activity carried out using any assistance made available under this section shall be 5 0 percent. (i) TERMINATION OF AUTHORITY.—The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.


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Page:United States Statutes at Large Volume 123.djvu/1255

 123STA T . 123 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(j)CONF O RMI N GA M E N D MEN T.—The C ac he L a Poudr e Riv er Cor - ridor Ac t ( 16U . S .C. 4 61 n ote Pu bl ic La w 1 0 4 –32 3)i s re p ealed. SEC.80 0 3 .S OUTHPARKN AT I ONA L HERITA G E AREA , COLORA D O. (a) D EFINITION S .— I n this section (1) B O A RD.—The ter m‘ ‘Board ’ ’ means the Board o f Direc- tors of the South Par kN ational H erita g e Area , comprised ini- tiall y of the individuals, agencies, organi z ations, and govern- ments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act. (2) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the South Park National Heritage Area established by subsection (b)(1). (3) M ANAGEMENT ENTIT Y .—The term ‘‘management entity’’ means the management entity for the Heritage Area designated by subsection (b)(4)(A). (4) MANAGEMENT PL AN.—The term ‘‘management plan’’ means the management plan for the Heritage Area re q uired by subsection (d). ( 5 ) MAP.—The term ‘‘map’’ means the map entitled ‘‘South Park National Heritage Area Map (Proposed)’’, dated J anuary 30, 2006. (6) PARTNER.—The term ‘‘partner’’ means a F ederal, State, or local governmental entity, organization, private industry, educational institution, or individual involved in the conserva- tion, preservation, interpretation, development or promotion of heritage sites or resources of the Heritage Area. ( 7 )SE C RETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. ( 8 ) STATE.—The term ‘‘State’’ means the State of Colorado. ( 9 ) TEC H NICAL ASSISTANCE.—The term ‘‘technical assist- ance’’ means any guidance, advice, help, or aid, other than financial assistance, provided by the Secretary. (b) SO U TH PAR K NATIONAL HERITAGE AREA.— (1) E STA B LISHMENT.—There is established in the State the South Park National Heritage Area. (2) BOUNDARIES.—The Heritage Area shall consist of the areas included in the map. (3) MAP.—A map of the Heritage Area shall be— (A) included in the management plan; and (B) on file and available for public inspection in the appropriate offices of the National Park Service. (4) MANAGEMENT ENTITY.— (A) IN GENERAL.—The management entity for the Heritage Area shall be the Park County Tourism & Community Development O ffice, in conjunction with the South Park National Heritage Area Board of Directors. (B) MEMBERSHIP RE Q UIREMENTS.—Members of the Board shall include representatives from a broad cross- section of individuals, agencies, organizations, and govern- ments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act. (c) ADMINISTRATION.— (1) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.— The management entity shall not use Federal funds made 16USC4 61 note.


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 123STA T . 123 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9av a il a b l eund e rth i s se c ti o ntoac q uire real p ropert y or any interest in real property .(2)AUTHORI TI ES . —F or purposes o f carryin g out the m anagement plan , the S ecretary, acting through the manage - ment entity, may use amounts made available under this sec- tion to— (A) ma k e grants to the State or a political subdivision of the State, nonprofit organi z ations, and other persons ( B ) enter into cooperative agreements w ith, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; ( C ) hire and compensate staff, which shall include individuals with e x pertise in natural, cultural, and histor- ical resources protection, fundraising, heritage facility plan- ning and development, and heritage tourism programming; ( D ) obtain funds or services from any source, including funds or services that are provided under any other Federal law or program; ( E ) enter into contracts for goods or services; and (F) to facilitate the conduct of other pro j ects and activi- ties that further the H eritage Area and are consistent with the approved management plan. ( 3 ) DUTIES.— T he management entity shall— (A) in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary; (B) assist units of local government, local property owners and businesses, and nonprofit organizations in car- rying out the approved management plan by— (i) carrying out programs and projects that recog- nize, protect, enhance, and promote important resource values in the Heritage Area; (ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (iii) developing economic, recreational and edu- cational opportunities in the Heritage Area; (iv) increasing public awareness of, and apprecia- tion for, historical, cultural, scenic, recreational, agri- cultural, and natural resources of the Heritage Area; (v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (vi) ensuring that clear, consistent, and appro- priate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; (vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; and (viii) planning and developing new heritage attrac- tions, products and services; (C) consider the interests of diverse units of govern- ment, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; Man a gem en tpl an .


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 123STA T . 123 7PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(D)condu c tme et i n gs o p entot h epu bl ic a t least semi - annuall yr egarding the de v elopment and implementation o f the management plan ( E ) for any year for w hich F ederal funds have been received under this section — (i) submit to the S ecretary an annual report that describes the activities , e x penses, and income of the management entity (including grants to any other enti- ties during the year that the report is made); (ii) ma k e available to the Secretary for audit all records relating to the expenditure of the Federal funds and any matching funds; and (iii) re q uire, with respect to all agreements author- i z ing expenditure of Federal funds by other organiza- tions, that the organizations receiving the funds make available to the Secretary for audit all records con- cerning the expenditure of the funds; and (F) encourage by appropriate means economic viability that is consistent with the H eritage A rea . ( 4 ) COST -S HARING R EQU IRE M ENT.— T he Federal share of the cost of any activity carried out using any assistance made available under this section shall be 50 percent. (d) M ANAGEMENT PL AN.— ( 1 ) I N GENERAL.— N ot later than 3 years after the date of enactment of this Act, the management entity, with public participation, shall submit to the Secretary for approval a pro- posed management plan for the Heritage Area. ( 2 ) R EQUIREMENTS.—The management plan shall— (A) incorporate an integrated and cooperative approach for the protection, enhancement, interpretation, develop- ment, and promotion of the historical, cultural, scenic, rec- reational, agricultural, and natural resources of the Herit- age Area; ( B ) take into consideration State and local plans; (C) include— (i) an inventory of— (I) the resources located within the areas included in the map; and (II) any other eligible and participating prop- erty within the areas included in the map that— (aa) is related to the themes of the Herit- age Area; and (bb) should be preserved, restored, man- aged, maintained, developed, or promoted because of the significance of the property; (ii) comprehensive policies, strategies, and rec- ommendations for conservation, funding, management, development, and promotion of the Heritage Area; (iii) a description of actions that governments, pri- vate organizations, and individuals have agreed to take to manage protect the historical, cultural, scenic, rec- reational, agricultural, and natural resources of the Heritage Area; (iv) a program of implementation for the manage- ment plan by the management entity that includes a description of— Deadlin e .R e cor d s . Records. Deadline. Re p or t s. Pub lic in f or m ation. Deadlines.


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 123STA T . 123 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(I)actions to f aci l itat e on g oing an d effecti v e colla b o r ation a m ong p artners to promote plans for reso u rce protection , en h ancement, interpretation, restoration, and construction and (II) specific commitments for implementation that have been made b y the management entity or any government, organi z ation, or individual for the first 5 years of operation; (v) the identification of sources of funding for car - rying out the management plan; (vi) an analysis of and recommendations for means by w hich F ederal, S tate, and local programs, including the role of the N ational P ar k Service in the H eritage A rea, may best be coordinated to carry out this section; and (vii) an interpretive plan for the Heritage Area; and ( D ) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techni q ues, including the development of intergovernmental and inter- agency cooperative agreements to protect the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area . ( 3 )D EADLIN E. — If a proposed management plan is not sub- mitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this section until the date on which the Secretary receives and approves the management plan. ( 4 )A P P ROV ALORDI S APPROVAL O FM ANA G EMEN T PLAN.— (A) IN GENERAL.—Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. ( B ) C RITERIA FOR APPROVAL.—In determining whether to approve the management plan, the Secretary shall con- sider whether— (i) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historical resource protection organizations, educational institutions, local businesses and industries, community organizations, recreational organizations, and tourism organizations; (ii) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (iii) strategies contained in the management plan, if implemented, would adequately balance the vol- untary protection, development, and interpretation of the natural, historical, cultural, scenic, recreational, and agricultural resources of the Heritage Area. (C) A C TION FOLLO W ING DISAPPROVAL.—If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall— Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1259

 123STA T . 123 9PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (i)adv i seth e m a n a g ement entit y in wr iting of the reasons for the disa p prova l; (ii) ma k ere c ommendations for revisions to the management plan; and (iii) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity , approve or disapprove the pro - posed revision . ( D ) AMEND MEN TS . — (i) I N G ENE RAL .— T he S ecretary shall approve or disapprove each amendment to the management plan that the Secretary determines makes a s ub stantial change to the management plan. (ii) U SE OF F U NDS.—The management entity shall not use F ederal funds authori z ed by this section to carry out any amendments to the management plan until the Secretary has approved the amendments. (e) R ELAT I ONS H I P TO O THER FEDERAL AGEN C IES.— (1) IN GENERAL.— N othing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law. ( 2 ) C ONSULTATION AND COORDINATION.—The head of any Federal agency planning to conduct activities that may have an impact on the H eritage Area is encouraged to consult and coordinate the activities with the Secretary and the manage- ment entity to the ma x imum extent practicable. ( 3 ) OTHER FEDERAL AGENCIES.—Nothing in this section— (A) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the 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. (f) P RI V ATE PROPERT Y 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) re q uires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regu- latory authority to the management entity; ( 4 ) authorizes or implies the reservation or appropriation of water or water rights; ( 5 ) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or Deadlin e .R e com menda -t ion s .


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Page:United States Statutes at Large Volume 123.djvu/1260

 123STA T . 12 40PUBLIC LA W 111 – 11 —M A R .30, 200 9(6)creat e s a nyli a b ility ,o ra f fects any liability u n d er any ot h er la w ,ofany p ri v ate property owner with respect to any person in j ured on the private property . ( g ) EVALU A TION;REP O R T. — ( 1 ) I N G ENERAL.— N ot later than 3 years before the date on which authority for F ederal funding ter m inates for the H erit - age A rea, the S ecretary 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 management entity with respect to— (i) accomplishing the purposes of this section for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analy z e the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and ( C ) review the management structure, partnership relationships, and funding of the Heritage Area for pur- poses of identifying the critical components for sustain- ability of the Heritage Area. (3) REPORT.— (A) IN GENERAL.—Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National P ar k Service, if any, with respect to the Heritage Area. (B) RE Q UIRE D ANAL YS IS.—If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) 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 House of Representatives. (h) AUT H ORI Z ATION O F APPROPRIATIONS.— 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. (i) TERMINATION OF AUTHORITY.—The authority of the Secretary to provide assistance under this section terminates on the date that is 1 5 years after the date of enactment of this Act. SEC.80 0 4 . NORTH ERN PLAI NS NATIONAL HERITA G E AREA , NORTH D A K OTA. (a) D EFINITIONS.—In this section
 * 16USC4

61 note.


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Page:United States Statutes at Large Volume 123.djvu/1261

 123STA T . 12 4 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)HERITAG E AREA .—Thet e rm‘ ‘Her i t ag e A rea ’ ’ mea ns the No rthern Pl ains National Heritage Area esta b lishe d b y s u b - se c tion (b)(1). ( 2 ) LOC A L COOR D I N ATING ENTIT Y .—The term ‘‘local coordi- nating entity’’ means the Northern Plains Heritage F oundation , the local coordinating entity f or the Heritage Area designated by subsection (c)(1). ( 3 ) M ANAGE M ENT P LAN.—The term ‘‘management p lan’’ means the management plan for the Heritage Area re q uired under subsection (d). ( 4 ) S ECRETARY.—The term ‘‘Secretary’’ means the Secretary of the I nterior. ( 5 ) STATE.—The term ‘‘State’’ means the State of North D a k ota. (b) ES TA B LIS H MENT.— (1) IN GENERAL.—There is established the Northern Plains National Heritage Area in the State of North Dakota. (2) B O U NDARIES.—The Heritage Area shall consist of— (A) a core area of resources in Burleigh, McLean, Mercer, Morton, and O li v er C ounties in the State and (B) any sites, buildings, and districts w ithin the core area recommended by the management plan for inclusion in the Heritage Area. (3) MAP.—A map of the Heritage Area shall be— (A) included in the management plan; and (B) on file and available for public inspection in the appropriate offices of the local coordinating entity and the National Park Service. (c) LOCAL COORDINATING ENTITY.— (1) IN GENERAL.—The local coordinating entity for the Heritage Area shall be the Northern Plains Heritage Founda- tion, a nonprofit corporation established under the laws of the State. (2) DUTIES.—To further the purposes of the Heritage Area, the Northern Plains Heritage Foundation, as the local coordi- nating entity, shall— (A) prepare a management plan for the Heritage Area, and submit the management plan to the Secretary, in accordance with this section; (B) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section, specifying— (i) the specific performance goals and accomplish- ments 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 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. Records.D e a d lin e. Re p or t s. M ana g e m ent plan.


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Page:United States Statutes at Large Volume 123.djvu/1262

 123STA T . 12 4 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(3)AUTHORI TI ES.—Forthepu rpo s eso f prep a r ing an d i m p l e - menting the appro v ed management plan for the H eritage Area , the lo c al coordinating entit y may use Federal funds made avail- a b le under this section to— (A) ma k e grants to political j urisdictions, nonprofit organi z ations, and other parties w ithin the Heritage Area ( B ) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested par- ties; ( C ) hire and compensate staff, including individuals with e x pertise in— (i) natural, historical, cultural, educational, scenic, and recreational resource conservation; (ii) economic and community development; and (iii) heritage planning; ( D ) obtain funds or services from any source, including other Federal programs; ( E ) contract for goods or services; and (F) support activities of partners and any other activi- ties that further the purposes of the Heritage Area and are consistent with the approved management plan. ( 4 ) P ROHI B ITIO N ON ACQ UISITION O F REA LP ROPERT Y .— T he local coordinating entity may not use Federal funds authorized to be appropriated under this section to ac q uire any interest in real property. ( 5 ) O THER SOURCES.— N othing in this section precludes the local coordinating entity from using Federal funds from other sources for authorized purposes. (d) M ANA G E M ENT PLAN.— ( 1 ) I N GENERAL.—Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the S ecretary 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 will take to protect, enhance, interpret, fund, manage, and develop the natural, histor- ical, cultural, educational, scenic, and recreational resources of the Heritage Area; (C) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area; (D) include an inventory of the natural, historical, 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; Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1263

 123STA T . 12 4 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(E)recom me ndp o li cie sa nds t rate g ies f or reso u rce management , including t h ede v elopment of intergovern - mental and interagenc y agreements to protect, enhance, interpret, fund, manage, and develop the natural, histor- ical, cultural, educational, scenic, and recreational resources of the H eritage A rea ( F ) descri b e 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, S tate, tribal, or local government agency, organi z ation, business, or individual; ( G ) include an analysis of, and recommendations for, means by w hich 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 ) DEADLIN E.— (A) I N G ENE R AL.—Not later than 3 years after the date on which funds are first made available to develop the management plan after designation of the Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval. ( B ) 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 qualify 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 plan, the Secretary shall review and approve or dis- approve the management plan for the Heritage Area on the basis of the criteria established under subparagraph (B). (B) C RITERIA 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 Fed- eral, State, tribal, and local governments, natural, and historic resource protection organizations, educational Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1264

 123STA T . 12 4 4 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9inst it u ti o ns ,b usin e sses, r e c re a tiona l or g ani z ations, co m munit y resi d ents, and p ri v ate property o w ners ii ) t h e 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 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, historic, cul- tural, educational, 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 public land laws or land use plans; (v) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan; (vi) the Secretary has received adequate assur- ances from the appropriate State, tribal, and local offi- cials whose support is needed to ensure the effective implementation of the State, tribal, and local elements of the management plan; and (vii) the management plan demonstrates partner- ships among the local coordinating entity, Federal, State, tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan . ( C ) DISAP 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. (D) 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 to be appropriated by this section to implement an amend- ment to the management plan until the Secretary approves the amendment. Revi e w.


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Page:United States Statutes at Large Volume 123.djvu/1265

 123STA T . 12 45PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(E)AUTHORI TI ES.—TheS e cr e ta r ym ay— ( i ) p r ov i d e tech n ica l a s sistance u nder this section f or the development and implementation of the mana g ement plan and (ii) enter into cooperative agreements w ith interested parties to carry out this section. (e) R E LA TIO N SHI P TO O THER F E D ERAL A G EN C IES.— ( 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 law. ( 2 ) TECHNICAL AND F INANCIAL ASSISTANCE.— (A) IN GENERAL.—On the re q uest of the local coordi - nating entity , the Secretary may provide financial assist- ance and, on a reim b ursable or nonreimbursable basis, technical assistance to the local coordinating entity to develop and implement the management plan. ( B ) C OOPERATI 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). (C) P RIORIT Y .—In assisting the H eritage Area, the Sec- retary shall give priority to actions that assist in— (i) conserving the significant natural, historic, cul- tural, and scenic resources of the Heritage Area; and (ii) providing educational, interpretive, and rec- reational opportunities consistent with the purposes of the Heritage Area. ( 3 ) CONSULTATION AND COORDINATION.—To the ma 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. ( 4 ) OTHER FEDERAL AGENCIES.—Nothing in this section— (A) modifies or alters any laws (including regulations) authori z ing 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 the Heritage Area; or (C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. (f) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.— Nothing in this section— (1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to— (A) permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or (B) modify public access to, or use of, the property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, tribal, or local agency;


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Page:United States Statutes at Large Volume 123.djvu/1266

 123STA T . 12 46PUBLIC 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; or ( 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 . (g) EVALU A TION REP O R T. — ( 1 ) I N G ENERAL.— N ot later than 3 years before the date on which authority for F ederal funding terminates for the Herit - age Area under subsection (i), the Secretary shall— (A) conduct an evaluation of the accomplishments of the Heritage Area; and ( B ) prepare a report in accordance with paragraph (3). ( 2 ) EVALUATION.—An evaluation conducted under para- graph (1)(A) shall— (A) assess the progress of the local coordinating entity with respect to— (i) accomplishing the purposes of this section for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and ( C ) review the management structure, partnership relationships, and funding of the Heritage Area for pur- poses of identifying the critical components for sustain- ability of the Heritage Area. (3) REPORT.— (A) IN GENERAL.—Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National P ar k Service, if any, with respect to the Heritage Area. (B) RE Q UIRE D ANAL YS IS.—If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) 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 House of Representatives. (h) AUT H ORI Z ATION O F APPROPRIATIONS.— (1) IN GENERAL.— 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.


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Page:United States Statutes at Large Volume 123.djvu/1267

 123STA T . 12 47PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(2)COST- S HARING R EQU IRE M ENT .— ( A ) I N GENERA L .— TheF e d e rals hare oft he total c ost ofa ny act iv ity u nder this section shall b e not m ore than 50p ercent. ( B ) FORM.—The non-Federal contribution may be in the form of in- k ind contributions of g oods or services fairly valued. (i) TERMINATION O F AUTHORIT Y .—The authority of the S ecretary to provide assistance under this section terminates on the date that is 1 5 years after the date of enactment of this Act. SEC.80 0 5 . BALTIMOR E N ATIONAL H ERITA G E AREA , MAR Y LAN D . (a) D EFINITIONS.—In this section (1) H ERITAGE AREA.—The term ‘ ‘Heritage Area ’ ’ means the Baltimore N ational Heritage Area , established by subsection (b)(1). (2) L O C AL COOR D INATING ENTITY.—The term ‘‘local coordi- nating entity’’ means the local coordinating entity for the Herit- age Area designated by subsection (b)( 4 ). ( 3 ) M ANAGEMENT P LAN.—The term ‘‘management plan’’ means the management plan for the Heritage Area re q uired under subsection (c)(1)(A). (4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Balti- more National Heritage Area’’, numbered T10 /8 0,000, and dated O ctober 200 7 . (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. ( 6 ) STATE.—The term ‘‘State’’ means the State of Maryland. (b) BALTIMORE NATIONAL HERITAGE AREA.— (1) E STA B LISHMENT.—There is established the Baltimore National Heritage Area in the State. (2) BOUNDARIES.—The Heritage Area shall be comprised of the follo w ing areas, as described on the map: (A) The area encompassing the Baltimore City Heritage Area certified by the Maryland Heritage Areas Authority in October 2001 as part of the Baltimore City Heritage Area Management Action P lan. (B) The Mount Auburn Cemetery. (C) The Cylburn Arboretum. (D) The Middle Branch of the Patapsco R iver and surrounding shoreline, including— (i) the Cruise Maryland Terminal (ii) new marina construction; (iii) the National Aquarium Aquatic Life Center; (iv) the W estport Redevelopment; (v) the G wynns Falls Trail; (vi) the Baltimore Rowing Club; and (vii) the Masonville Cove Environmental Center. (3) A V AILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the Baltimore Heritage Area Association. (4) LOCAL COORDINATING ENTITY.—The Baltimore Heritage Area Association shall be the local coordinating entity for the Heritage Area. (c) DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY.— 16USC4 61 note.


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Page:United States Statutes at Large Volume 123.djvu/1268

 123STA T . 12 48PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)DUTIESOF T H E L O CA L COO RD I N ATIN G ENTIT Y.—Tofur-the r the p urpo s es of the H er i t ag e A rea , the l o c al coor d i n ating entit y shall— (A) prepare, and su bm it to the S ecretary, in accordance w ith subsection (d), a management plan for the Heritage Area ( B ) assist units of local go v ernment, regional planning organi z ations, and nonprofit organizations in implementing the approved management plan by— (i) carrying out programs and pro j ects that recog- nize, protect, and enhance important resource values within the Heritage Area; (ii) establishing and maintaining interpretive e x hibits 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 (vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Area; ( C ) consider the interests of diverse units of govern- ment, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (D) conduct meetings open to the public at least semi- annually regarding the development and implementation of the management plan; ( E ) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives F ederal funds under this section specifying— (i) the accomplishments 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 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 Records. Records. D e a d lin e. Re p or t s. Pub lic in f or m ation. Deadlines. M ana g ement plan.


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Page:United States Statutes at Large Volume 123.djvu/1269

 123STA T . 12 49PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (H)encourag e ,by a p propr i a t e m ean s , economic d e v e l opment t h at is consistent w ith the purposes o f the Heritage A rea . ( 2 )A UTHORI TI ES . —T he local coordinating entity may, sub -j ect 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; ( 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. (d) 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 region and encouraging long-term resource protec- tion, enhancement, interpretation, funding, management, and development of the Heritage Area; (B) take 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 organizations, and citizens plan to take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the Heritage Area; (D) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area; (E) include an inventory of the natural, historic, cul- tural, educational, scenic, and recreational resources of the Heritage Area relating to the stories and themes of the region that should be protected, enhanced, managed, or developed; (F) recommend policies and strategies for resource management including, the development of intergovern- mental and interagency agreements to protect the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area; Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1270

 123STA T . 12 50PUBLIC LA W 111 – 11 —M A R .30, 200 9(G)describ e ap r og ra mf or imp l eme nt ation of t h e management plan , incl u ding — (i) performance goals (ii) plans for resource protection, enhancement, and interpretation; and (iii) specific commitments for implementation that ha v e been made b y the local coordinating entity or any government, organi z ation, business, or individual; ( H ) include an analysis of, and recommendations for, w ays in which F ederal, S tate, 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 A rea) 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 . ( 3 ) TERMINAT I O NO F F U N D IN G .—If the management plan is not submitted to the Secretary in accordance with this sec - tion, 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 and any tribal government in which the Heritage Area is located before approving the management plan. (C) CRITERIA FOR APPROVAL.—In determining whether to approve the management plan, the Secretary shall con- sider whether— (i) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, community residents, and recreational organizations; (ii) the local coordinating entity has afforded ade- quate opportunity for public and governmental involve- ment (including through workshops and public meetings) in the preparation of the management plan; (iii) the resource protection and interpretation strategies described in the management plan, if imple- mented, would adequately protect the natural, historic, and cultural resources of the Heritage Area; (iv) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans; Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1271

 123STA T . 12 5 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(v)theS e cr et a r y ha s rece i ve d ade qu ate assura n ces f r om the a p propriate State , tri b a l , and local officials w hose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the mana g ement plan and (vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan . ( D ) ACTIONF O L LO W IN GD I SAP P R O V AL. — (i) I NG E 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) DEADLINE.— 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 ENDMENTS.— (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 F ederal funds authori z edtobe appropriated by this section to implement an amend- ment to the management plan until the Secretary approves the amendment. (e) D U TIES AND AUT H ORITIES OF THE SECRETAR Y .— (1) TECHNICAL AND FINANCIAL ASSISTANCE.— (A) IN GENERAL.— O n the request 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 OOPERATIVE 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 natural, historic, cul- tural, and scenic resources of the Heritage Area; and (ii) providing educational, interpretive, and rec- reational opportunities consistent with the purposes of the Heritage Area. ( 2 ) EVALUATION; REPORT.— (A) IN GENERAL.—Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (i), the Secretary shall— (i) conduct an evaluation of the accomplishments of the Heritage Area; and Revi e w.


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Page:United States Statutes at Large Volume 123.djvu/1272

 123STA T . 12 5 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(i i )pre p a rearep o r tw it h re c o m me nd ation sf or the f u ture ro l eofthe N ational P ar kS er v ice , if an y , with respect to the H erita g e A rea, in accordance with su b paragraph ( C ) . ( B ) EVALU A TION . — 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) analy z e the F ederal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (C) REP O R T.— (i) IN G ENERAL.—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 UIRE D ANAL YS IS.—If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (II) the appropriate time period necessary to achieve the recommended reduction or elimination. (iii) 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 Energy 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 jurisdiction 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


text: Dictionary of National Biography, 1885-1900/Montgomerie, Thomas George


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Page:United States Statutes at Large Volume 123.djvu/1273

 123STA T . 12 5 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(C)modif i es,alt e r s, or ame n ds an y a u t h ori z ed use of F ederal land under the j urisdi c tion of a Federal a g ency . (g) PROPE R TYOWN ER SA N DR E GUL ATORY PROTE C T I ONS. —N othing in this section— ( 1 )a b ridges the rights of any o w ner of p ublic or pri v ate property, including the right to refrain from participating in any plan, project, program, or activity conducted within the H eritage A rea ( 2 )re q uires any property owner to— (A) permit public access (including Federal, tribal, S tate, or local government access) to the property; or ( B ) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land; ( 3 ) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government; ( 4 ) conveys any land use or other regulatory authority to the local coordinating entity; ( 5 ) authorizes or implies the reservation or appropriation of water or water rights; ( 6 ) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or ( 7 ) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. (h) AUT H ORI Z ATION O F APPROPRIATIONS.— (1) I N GENERAL.— 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) COST - 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 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 E FFECTI V ENESS.—The authority of the Sec- retary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act. SEC.80 0 6 . FR EE DOM’ S WAYN A TI ONA LH ERITA G E AREA , MASSACH U- SETTS AND NEW HAM P SHIRE. (a) PURPOSES.—The purposes of this section are— (1) to foster a close working relationship between the Sec- retary and all levels of government, the private sector, and local communities in the States of M assachusetts and New Hampshire; (2) to assist the entities described in paragraph (1) to preserve the special historic identity of the Heritage Area; and (3) to manage, preserve, protect, and interpret the cultural, historic, and natural resources of the Heritage Area for the educational and inspirational benefit of future generations. (b) D EFINITIONS.—In this section
 * 16USC4

61 note.


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Page:United States Statutes at Large Volume 123.djvu/1274

 123STA T . 12 54PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)HERITAG E AREA .—Thet e rm‘ ‘Her i t ag e A rea ’ ’ mea ns the F ree do m’s W a yN ationa l Heritage Area esta b lished by s u b - se c tion (c)(1). ( 2 ) LOC A L COOR D I N ATING ENTIT Y .—The term ‘‘local coordi- nating entity’’ means the local coordinating entity f or the Herit- age Area designated by subsection (c)( 4 ). ( 3 ) M ANAGE M ENT P LAN.—The term ‘‘management p lan’’ means the management plan for the Heritage Area re q uired under subsection (d)(1)(A). (4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Free- dom’s Way National Heritage Area’’ , numbered T 0 4 /8 0,000, and dated J uly 200 7 . ( 5 ) S ECRETARY.—The term ‘‘Secretary’’ means the Secretary of the I nterior. (c) ES TA B LIS H MENT.— (1) IN GENERAL.—There is established the Freedom’s Way National Heritage Area in the States of Massachusetts and Ne w Hampshire. (2) B O U NDARIES.— (A) IN GENERAL.—The boundaries of the Heritage Area shall be as generally depicted on the map. (B) R E V ISION.—The boundaries of the Heritage Area may be re v ised if the revision is— (i) proposed in the management plan (ii) approved by the Secretary in accordance with subsection (e)(4); and (iii) placed on file in accordance with paragraph (3). (3) AVAILABILITY O F MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National P ar k Service and the local coordinating entity. (4) LOCAL COORDINATING ENTITY.—The Freedom’s Way Heritage Association, Inc., shall be the local coordinating entity for the Heritage Area. (d) D UTIES AND AUTHORITIES OF LOCAL C OORDINATING 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) 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 pro j ects that recog- nize and protect important resource values within the Heritage Area; (ii) establishing and maintaining interpretive e x hibits 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, and cultural resources of the Heritage Area; Man a gem en tpl an .


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Page:United States Statutes at Large Volume 123.djvu/1275

 123STA T . 12 5 5 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(v)protec t inga n d re s toring h istoric bu i l dings in the H eritage A rea that are consistent w ith the the m es o f the Heritage Area and (vi) ensuring that signs identif y ing points of public access and sites of interest are posted throughout the Heritage Area; ( C ) consider the interests of diverse units of govern - ment , businesses, organi z ations, and individuals in the Heritage Area in the preparation and implementation of the management plan; ( D ) conduct meetings open to the public at least q uar- terly 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 ) require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; and (H) encourage, by appropriate means, economic development that is consistent with the purposes of the Heritage Area . ( 2 )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 States of M assachusetts and N ew Hampshire, political subdivisions of the States, non- profit organizations, and other persons; ( B ) enter into cooperative agreements with, or provide technical assistance to, the States of Massachusetts and New Hampshire, political subdivisions of the States, non- profit 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. 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/1276

 123STA T . 12 56PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(3)PROHIB I T IO N ON ACQU I S ITION O F R E A LP ROPERT Y.—Theloca l coo rdin a t in g entit ym ay not us e F ederal f unds recei v ed under this section to ac q uire any interest in real p roperty. ( 4 ) U SE OF FUN D S FOR NON - FEDERAL PROPERTY.—The local coordinating entity may use Federal funds made availa b le under this section to assist non-Federal property that is— ( A ) described in the management plan or ( B ) listed , or eligible for listing, on the N ational R eg- ister of H istoric Places. (e) M ANA G E M ENT PLAN.— ( 1 ) I N GENERAL.—Not later than 3 years after the date on w hich funds are made available to develop the management plan, the local coordinating entity shall submit to the S ecretary for approval a proposed management plan for the Heritage Area. ( 2 ) REQUIREMENTS.—The management plan for the Herit- age Area shall— (A) describe comprehensive policies, goals, strategies, and recommendations for the conservation, 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 ) provide a framework for coordination of the plans considered under subparagraph (B) to present a unified historic preservation and interpretation plan; ( D ) contain the contributions of residents, public agen- cies, and private organi z ations within the Heritage Area; ( E ) include a description of actions and commitments that governments, private organizations, and citizens plan to take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the Heritage Area; (F) specify existing and potential sources of funding or economic development strategies to conserve, manage, and develop the Heritage Area; ( G ) include an inventory of the natural, historic, and recreational resources of the Heritage Area, including a list of properties that— (i) are related to the themes of the Heritage Area; and (ii) should be conserved, restored, managed, devel- oped, or maintained; (H) recommend policies and strategies for resource management that— (i) apply appropriate land and water management techniques; (ii) include the development of intergovernmental and interagency agreements to protect the natural, historic, and cultural resources of the Heritage Area; and (iii) support economic revitalization efforts; (I) describe a program for implementation of the management plan, including— (i) restoration and construction plans or goals; (ii) a program of public involvement; (iii) annual work plans; and (iv) annual reports; Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1277

 123STA T . 12 57PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(J)includea n anal ys is of, and r eco m menda t ions for, w aysinw h ich F ederal, S tate, tri b al, and local p ro g rams may best be coordinated (including the role of the N ational P ar k Ser v ice and other Federal agencies associated with the H eritage A rea) to further the purposes of this section ( K ) include an interpretive plan for the Heritage Area; and ( L ) include a business plan that — (i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the 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 in accordance with this sec - tion, 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 RITERIA 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 workshops 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 natural, historic, and cultural resources of the Heritage Area; (iv) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans; (v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; and (vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan. (C) A C TION FOLLOWING DI S APPROVAL.— (i) IN GENERAL.—If the Secretary disapproves the management plan, the Secretary— Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1278

 123STA T . 12 58PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(I)shal la dvi s et hel oc al coo r di n atin g entit y in w riting o f the reasons for the disa p proval and (II) m ay ma k e recommendations to the local coordinating entity for revisions to the manage - ment plan . (ii) DEADLIN E. —N ot later than 180 days after receiving a revised management plan , the S ecretary shall approve or disapprove the revised management plan. (D) AM ENDMEN TS .— (i) IN G ENE R AL.—An amendment to the manage- ment plan that s ub stantially 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) IM P LEMENTATI O N.— T he local coordinating entity shall not use F ederal funds authori z edtobe appropriated by this section to implement an amend- ment to the management plan until the Secretary approves the amendment. (f) D U TIES AND AUT H ORITIES O F THE SE C RETAR Y .— (1) TECHNICAL AND FINANCIAL ASSISTANCE.— (A) IN GENERAL.— 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 natural, historic, and cultural resources of the Heritage Area; and (ii) providing educational, interpretive, and rec- reational opportunities consistent with the purposes of the Heritage Area. ( 2 ) E VALUATION; REPORT.— (A) IN GENERAL.—Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection ( j ), the Secretary shall— (i) conduct an evaluation of the accomplishments of the Heritage Area; and (ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C). (B) EVALUATION.—An evaluation conducted under subparagraph (A)(i) shall— (i) assess the progress of the local coordinating entity with respect to— (I) accomplishing the purposes of this section for the Heritage Area; and Revi e w.


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Page:United States Statutes at Large Volume 123.djvu/1279

 123STA T . 12 59PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (I I )achiev i ngt heg o a ls an d o bj ectives o f the a p p r oved m anagement plan for the H eritage A rea (ii) anal yz e the F ederal ,S tate, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (iii) revie w the management str u cture, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area . ( C ) REPORT . — (i) I NG ENER AL .— B ased on the evaluation con - ducted under subparagraph (A)(i), 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 Heritage Area. (ii) RE QUI RE D ANAL YS IS.—If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (II) the appropriate time period necessary to achieve the recommended reduction or elimination. (iii) 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. (g) 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 jurisdiction 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) 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


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Page:United States Statutes at Large Volume 123.djvu/1280

 123STA T . 12 60PUBLIC LA W 111 – 11 —M A R .30, 200 9(B)modifyan y pr o v i s ions of Fe dera l,t ri b al, S tate, or lo c al la w wit h re g ardtop u blic 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 ) authori z es or implies the reservation or appropriation of water or water rights; ( 6 ) diminishes the authority of the States of M assachusetts and N ew H ampshire to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage A rea; or ( 7 ) creates any liability, 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 . (i) A UTHORIZA TIO N O F A P PROPRIATION S . — ( 1 ) I N 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 )A V AILA B ILIT Y .—Funds made available under paragraph (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 50 percent. (B) FORM.—The non-Federal contribution may be in the form of in- k ind contributions of goods or services fairly valued. (j) 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 7 . MI SSISSI P PI H I L LS NAT I O NAL HE R ITA G E AREA. (a) D EFINITIONS.—In this section (1) HERITAGE AREA.—The term ‘ ‘Heritage Area ’ ’ means the Mississippi Hills National Heritage Area established by sub- section (b)(1). (2) L OCAL COOR D INATING ENTITY.—The term ‘‘local coordi- nating entity’’ means the local coordinating entity for Heritage Area designated by subsection (b)(3)(A). (3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan for the Heritage Area re q uired under subsection (c)(1)(A). (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (5) STATE.—The term ‘‘State’’ means the State of Mis- sissippi. (b) MISSISSIPPI HILLS NATIONAL HERITAGE AREA.— (1) E STABLISHMENT.—There is established the Mississippi Hills National Heritage Area in the State. (2) BOUNDARIES.— (A) AFFECTED COUNTIES.—The Heritage Area shall con- sist of all, or portions of, as specified by the boundary description in subparagraph (B), Alcorn, Attala, Benton, 16USC4 61 note.


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Page:United States Statutes at Large Volume 123.djvu/1281

 123STA T . 12 6 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9Calhoun, Ca r roll, Ch ick a s a w , Choc t aw, Cla y , DeS oto, G re - na d a, H ol m es, I tawam b a, L a f ayette, Lee, Lowndes, M ar- shall, Monroe, Mont g omery, N o x ubee, O ktibbeha, P anola, Pontotoc, Prentiss, T ate, Ti p pah, Tishomingo, U nion, W eb- ster, Winston, and Y alobusha Counties in the State .(B) B OUNDARY D ESC R IPT ION. — The Heritage A rea shall ha v e the following boundary description (i) traveling counterclockwise, the Heritage Area shall be bounded to the west by U.S. Highway 51 from the Tennessee State line until it intersects Inter- state 55 (at Geeslin Corner approximately 1⁄2 mile due north of Highway Interchange 208 ) (ii) from this point, Interstate 55 shall be the western boundary until it intersects with Mississippi Highway 12 at Highway Interchange 15 6, the intersec- tion of which shall be the southwest terminus of the Heritage Area; (iii) from the southwest terminus, the boundary shall— (I) extend east along Mississippi Highway 12 until it intersects U.S. Highway 51; (II) follow Highway 51 south until it is inter- sected again by Highway 12; (III) extend along Highway 12 into downtown K osciusko where it intersects Mississippi Highway 3 5; (I V ) follow Highway 35 south until it is inter- sected by Mississippi Highway 1 4 (V) extend along Highway 14 until it reaches the Alabama State line, the intersection of which shall be the southeast terminus of the Heritage Area; (iv) from the southeast terminus, the boundary of the Heritage Area shall follow the Mississippi-Ala- bama State line until it reaches the Mississippi-Ten- nessee State line, the intersection of which shall be the northeast terminus of the Heritage Area; and (v) the boundary shall extend due west until it reaches U.S. Highway 51, the intersection of which shall be the northwest terminus of the Heritage Area. (3) LOCA L COORDINATIN G ENTITY.— (A) IN GENERAL.—The local coordinating entity for the Heritage Area shall be the Mississippi Hills Heritage Area Alliance, a nonprofit organi z ation registered by the State, with the cooperation and support of the University of Mis- sissippi. (B) BOARD O F DIRECTORS.— (i) IN GENERAL.—The local coordinating entity shall be governed by a Board of Directors comprised of not more than 30 members. (ii) CO M POSITION.—Members of the Board of Direc- tors shall consist of— (I) not more than 1 representative from each of the counties described in paragraph (2)(A); and (II) any ex-officio members that may be appointed by the Board of Directors, as the Board of Directors determines to be necessary. Designat i o n .
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Page:United States Statutes at Large Volume 123.djvu/1282

 123STA T . 12 6 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(c)DUTIESANDA UT HOR ITIES O FL O C A LC OORDINATIN GE NTIT Y.— ( 1 ) DUTIES OF THE LOCAL COORDINATING ENTITY.— Tofur-the r the p urpo s es of the H er i t ag e Area , the l ocal coor d i n ating entit y shall— (A) prepare, and su bm it to the S ecretary, in accordance w ith subsection (d), a management plan for the Heritage Area ( B ) assist units of local go v ernment, regional planning organi z ations, and nonprofit organizations in implementing the approved management plan by— (i) establishing and maintaining interpretive e x hibits and programs within the Heritage Area; (ii) developing recreational opportunities in the Heritage Area; (iii) increasing public awareness of, and apprecia- tion for, natural, historical, cultural, archaeological, and recreational resources of the Heritage Area; (iv) restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area; and (v) carrying out any other activity that the local coordinating entity determines to be consistent with this section; (C) conduct meetings open to the public at least annually regarding the development and implementation of the management plan; (D) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives F ederal funds under this section specifying— (i) the accomplishments 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 leveraged funds; and (v) grants made to any other entities during the fiscal year; (E) 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; (F) 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 ( G ) ensure that each county included in the Heritage Area is appropriately represented on any oversight advisory committee established under this section to coordinate the Heritage Area. ( 2 ) AUTHORITIES.—The local coordinating entity may, 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— Records. Records. D e a d lin e. Re p or t s. Pub lic in f or m ation. Deadline. M ana g ement plan.


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Page:United States Statutes at Large Volume 123.djvu/1283

 123STA T . 12 6 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(A)makegr a nts an dlo anstot h e S tate ,p ol i ti c als ub- di v isions o f the State, nonprofit organi z ations, and other persons ( B ) enter into cooperative agreements w ith, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, and other organizations; ( C ) hire and compensate staff; ( D ) obtain funds or services from an y source, including funds and services provided under any other F ederal law or program; and ( E ) contract for goods or services . ( 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 received under this section to ac q uire any interest in real property. (d) 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 H eritage Area. ( 2 ) R EQUIREMENTS.—The management plan for the Herit- age Area shall— (A) provide recommendations for the preservation, con- servation, enhancement, funding, management, interpreta- tion, development, and promotion of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; (B) specify e x isting and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area; (C) include— (i) an inventory of the natural, historical, cultural, archaeological, and recreational resources of the Herit- age Area; and (ii) an analysis of how Federal, State, tribal, and local programs may best be coordinated to promote and carry out this section; (D) provide recommendations for educational and interpretive programs to provide information to the public on the resources of the Heritage Area; and (E) involve residents of affected communities and tribal and local governments. (3) TERMINATION OF FUN D ING.—If the management plan is not submitted to the Secretary in accordance with this sub- section, the local coordinating entity shall not qualify for addi- tional financial assistance under this section until the manage- ment plan is submitted to, and approved by, the Secretary. ( 4 ) APPRO V AL OF MANAGEMENT PLAN.— (A) REVIE W .—Not later than 1 80 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan. (B) CONSULTATION REQUIRED.—The Secretary shall consult with the G overnor of the State and any tribal government in which the Heritage Area is located before approving the management plan. Deadlin e . Deadline.


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Page:United States Statutes at Large Volume 123.djvu/1284

 123STA T . 12 64PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(C) C RITE RI AFO RA P PRO V A L.—Indet e rmi nin gwh ether t oap pro v e the management p l an , the S e c retar ys hall con - sider whether— (i) the local coordinating entity represents the diverse interests o f the H eritage A rea, incl u ding governments, natural and historical resource protection organi z ations, educational institutions, b usinesses, community residents, and recreational organizations (ii) the local coordinating entity has afforded ade- q uate 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 natural, histor- ical, cultural, archaeological, 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 TIO N FOLLO W IN GD I S APPROVAL.— (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.— N ot later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. ( E ) R EVIEW; A M ENDMENTS.— (i) IN GENERAL.—After approval by the Secretary of the management plan, the Alliance shall periodi- cally— (I) review the management plan; and (II) submit to the Secretary, for review and approval by the Secretary, any recommendations for revisions to the management plan. (ii) IN GENERAL.—An amendment to the 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. (iii) IMPLEMENTATION.— T he local coordinating entity shall not use Federal funds authorized to be Recom me nda-ti on s.


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Page:United States Statutes at Large Volume 123.djvu/1285

 123STA T . 12 65PUBLIC LA W 111 – 11 —M A R .3 0, 200 9ap p ro pr i a tedby t h i s se c tio n toi m p l ement an amend - ment to the mana g ement plan u ntil the S ecretary appro v es the amendment .( e )DUTIESANDA UT HOR ITIES O F THE SE C RETAR Y . — ( 1 ) T ECHNICA L AND FINANCIAL ASSISTANCE.— (A) I N G ENERAL.— O nthere q uest o f 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 OO P ERATI V E AGREE M ENTS.—The Secretary may enter into cooperative agreements w ith 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 H eritage Area, the Sec- retary shall give priority to actions that assist in— (i) conserving the significant natural, historical, cultural, archaeological, and recreational resources of the Heritage Area and (ii) providing educational, interpretive, and rec- reational opportunities consistent with the purposes of the Heritage Area. ( 2 ) E VALUATION; REPORT.— (A) IN GENERAL.— N ot later than 3 years before the date on which authority for F ederal 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) analy z e the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (C) 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


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Page:United States Statutes at Large Volume 123.djvu/1286

 123STA T . 12 6 6 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9fundi n g f ortheH erit a ge A rea b e reauthori z ed , the re p ort s ha l lin c lude an anal y sis of —(I)w ays in which F ederal funding for the Heritage Area m ay be reduced or eliminated and (II) the appropriate 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. (f) 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. ( 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) EFFECT.— (1) P ROPERT Y O W NERS AND REGULATORY PROTECTIONS.— Nothing in this section— (A) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (B) re q uires any property owner to— (i) permit public access (including Federal, tribal, State, or local government access) to the property; or (ii) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land; (C) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government; ( D ) conveys any land use or other regulatory authority to the local coordinating entity; (E) authorizes or implies the reservation or appropria- tion of water or water rights; (F) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or ( G ) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.