National Heritage Area Extension Act of 2005 - Amends the Omnibus Parks and Public Lands Management Act of 1996 to: (1) extend to September 30, 2027, the authorization for making grants or providing assistance with respect to the National Coal Heritage Area, Tennessee Civil War Heritage Area, Augusta Canal National Heritage Area, Steel Industry American Heritage Area, Essex National Heritage Area, South Carolina National Heritage Corridor, America's Agricultural Partnership, Ohio & Erie Canal National Heritage Corridor (redesignated by this Act as the Ohio & Erie National Heritage Canalway), and Hudson River Valley National Heritage Area; and (2) increase the amount authorized to be appropriated for such areas.
Adds Lincoln County, West Virginia, and Paint Creek and Cabin Creek in Kanawha County, West Virginia, to the National Coal Heritage Area. Requires, with respect to such Area, the Secretary of the Interior to continue a certain contractual agreement with the National Coal Heritage Area Authority rather than the Governor of West Virginia.
Adds Berkeley County, South Carolina, to the South Carolina Heritage Area.
Reauthorizes appropriations for the New Jersey Coastal Heritage Trail Route. Directs the Secretary to prepare a strategic plan for the Route.
Adds six members to the John H. Chafee Blackstone River Valley National Heritage Corridor Commission. Requires the Commission to update the Corridor plan.
Mississippi River National Heritage Area Act - Establishes the Mississippi River National Heritage Area. Provides authorities and duties of the management entity for such Area, including development of an Area management plan.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1721 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1721
To amend the Omnibus Parks and Public Lands Management Act of 1996 to
extend the authorization for certain national heritage areas, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 19, 2005
Mr. Voinovich (for himself, Mr. Chafee, Mr. Grassley, Mr. Kerry, Mr.
Kennedy, Mr. Harkin, Mr. Graham, Mr. Reed, Mrs. Clinton, Mr. Schumer,
Mr. DeWine, and Mr. Corzine) introduced the following bill; which was
read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
A BILL
To amend the Omnibus Parks and Public Lands Management Act of 1996 to
extend the authorization for certain national heritage areas, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Heritage
Area Extension Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXTENSIONS AND TECHNICAL CORRECTIONS TO OMNIBUS PARKS AND
PUBLIC LANDS MANAGEMENT ACT OF 1996
Sec. 101. Extensions and technical corrections.
TITLE II--REAUTHORIZATION OF APPROPRIATIONS FOR NEW JERSEY COASTAL
HERITAGE TRAIL ROUTE
Sec. 201. Reauthorization.
Sec. 202. Strategic plan.
TITLE III--JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR
Sec. 301. Commission membership.
Sec. 302. Update of plan.
Sec. 303. Extension of Commission.
Sec. 304. Authorization of appropriations.
TITLE IV--MISSISSIPPI RIVER NATIONAL HERITAGE AREA
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes.
Sec. 404. Definitions.
Sec. 405. Mississippi river national heritage area.
Sec. 406. Authorities and duties of the management entity.
Sec. 407. Management plan.
Sec. 408. Private property protection.
Sec. 409. Effect of title.
Sec. 410. Authorization of appropriations.
TITLE I--EXTENSIONS AND TECHNICAL CORRECTIONS TO OMNIBUS PARKS AND
PUBLIC LANDS MANAGEMENT ACT OF 1996
SEC. 101. EXTENSIONS AND TECHNICAL CORRECTIONS.
(a) In General.--Division II of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333; 110 Stat. 4243) is
amended--
(1) in sections 107, 208, 310, 408, 507, 607, 707, 811, and
910, by striking ``September 30, 2012'' each place it appears
and inserting ``September 30, 2027''; and
(2) in sections 108(a), 209(a), 311(a), 409(a), 508(a),
608(a), 708(a), 812(a), and 909(c), by striking ``$10,000,000''
each place it appears and inserting ``$20,000,000''.
(b) National Coal Heritage Area.--
(1) In general.--Title I of Division II of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-
333; 110 Stat. 4243, 114 Stat. 31) is amended--
(A) in section 103(b)--
(i) by striking ``comprised of'' and
inserting ``comprised of the following:'';
(ii) by striking ``the counties'' and
inserting the following:
``(1) The counties''; and
(iii) by inserting after paragraph (1) (as
designated by clause (ii)) the following:
``(2) Lincoln County, West Virginia.
``(3) Paint Creek and Cabin Creek, located in Kanawha
County, West Virginia.'';
(B) in section 104, by striking ``Governor'' and
all that follows through ``nonprofit organizations''
and inserting ``National Coal Heritage Area Authority,
a public corporation and government instrumentality
established by the State of West Virginia, pursuant to
which the Secretary shall assist the National Coal
Heritage Area Authority'';
(C) in section 105--
(i) by striking ``The resources'' and
inserting the following:
``(1) In general.--The resources'';
(ii) by striking ``Priority consideration''
and inserting the following:
``(2) Priority.--Priority consideration''; and
(iii) in paragraph (1) (as designated by
clause (i))--
(I) by striking ``paragraph (2)
of'';
(II) by striking ``include'' and
insert ``include--''; and
(III) by striking ``those set'' and
inserting the following:
``(A) resources in Lincoln County, West Virginia,
and Paint Creek and Cabin Creek in Kanawha County, West
Virginia, as determined to be appropriate by the
National Coal Heritage Area Authority; and
``(B) the resources set''; and
(D) in section 106(a)--
(i) by striking ``Governor'' and all that
follows through ``Parks'' and inserting
``National Coal Heritage Area Authority''; and
(ii) in paragraph (3), by striking ``State
of West Virginia'' and all that follows through
``entities, or'' and inserting ``National Coal
Heritage Area Authority or''.
(2) Continuation of agreement.--The contractual agreement
entered into under section 104 of title I of Division II of the
Omnibus Parks and Public Lands Management Act of 1996 (16
U.S.C. 461 note; Public Law 104-333), as in effect on the day
before the date of enactment of this Act, shall continue to be
in effect, except that the contractual agreement shall be
between the Secretary of the Interior and the National Coal
Heritage Area Authority rather than the Secretary of the
Interior and the Governor of West Virginia.
(c) South Carolina Heritage Area.--Section 604(b)(2) of title VI of
Division II of the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104-333; 110 Stat. 4262) is amended by adding at the
end the following:
``(O) Berkeley County.''.
(d) Ohio & Erie National Heritage Canalway.--Title VIII of Division
II of the Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333; 110 Stat. 4267, 114 Stat. 31) is amended--
(1) by striking ``Canal National Heritage Corridor'' each
place it appears and inserting ``National Heritage Canalway'';
(2) in section 803--
(A) by striking paragraph paragraph (2);
(B) by redesignating paragraphs (3), (4), (5), (6),
and (7) as paragraphs (2), (3), (4), (5), and (6),
respectively;
(C) in paragraph (2) (as redesignated by
subparagraph (B)), by striking ``808'' and inserting
``806''; and
(D) in paragraph (6) (as redesignated by
subparagraph (B)), by striking ``807(a)'' and inserting
``805(a)'';
(3) in the second sentence of section 804(b)(1), by
striking ``808'' and inserting ``806'';
(4) by striking sections 805 and 806;
(5) by redesignating sections 807, 808, 809, 810, 811, and
812 as sections 805, 806, 807, 808, 809, and 810, respectively;
(6) in section 805(c)(2) (as redesignated by paragraph
(5)), by striking ``808'' and inserting ``806'';
(7) in section 806 (as redesignated by paragraph (5))--
(A) in subsection (a)(1), by striking ``Committee''
and inserting ``Secretary'';
(B) in subsection (a)(3)--
(i) in subparagraph (A), by striking ``from
the Committee''; and
(ii) in the first sentence of subparagraph
(B), by striking ``Committee'' and inserting
``management entity'';
(C) in subsection (e), by striking ``807(d)(1)''
and inserting ``805(d)(1)''; and
(D) in subsection (f), by striking ``807(d)(1)''
and inserting ``805(d)(1)'';
(8) in section 808 (as redesignated by paragraph (5))--
(A) in subsection (b), by striking ``Committee
or''; and
(B) in subsection (c) in the matter before
paragraph (1), by striking ``Committee'' and inserting
``management entity''.
TITLE II--REAUTHORIZATION OF APPROPRIATIONS FOR NEW JERSEY COASTAL
HERITAGE TRAIL ROUTE
SEC. 201. REAUTHORIZATION.
Section 6 of Public Law 100-515 (16 U.S.C. 1244 note) is amended--
(1) in subsection (b)(1), by striking ``purposes of this
Act'' and all that follows through the period at the end and
inserting ``such sums as are necessary to carry out this
Act.''; and
(2) in subsection (c), by striking ``10'' and inserting
``12''.
SEC. 202. STRATEGIC PLAN.
Public Law 100-515 (16 U.S.C. 1244 note) is amended by adding at
the end the following:
``SEC. 8. STRATEGIC PLAN.
``(a) In General.--Not later than 2 years after the date of
enactment of this section, the Secretary shall prepare a strategic plan
for the route.
``(b) Contents.--The strategic plan prepared under subsection (a)
shall describe--
``(1) opportunities to increase participation by national
and local private and public interests in the planning,
development, and administration of the route; and
``(2) organizational options for sustaining the route.''
TITLE III--JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR
SEC. 301. COMMISSION MEMBERSHIP.
Section 3(b) of Public Law 99-647 (16 U.S.C. 461 note) is amended--
(1) by striking ``nineteen members'' and inserting ``25
members'';
(2) in paragraph (2)--
(A) by striking ``six individuals'' and inserting
``8 individuals''; and
(B) by inserting ``the Secretary of the Executive
Office of Transportation of the State of Massachusetts,
the Secretary of the Rhode Island Department of
Transportation,'' after ``Preservation Officers from
Massachusetts and Rhode Island,'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
``(3) 4 representatives of nonprofit organizations in the
States of Massachusetts and Rhode Island, to be appointed by
the Secretary;'';
(5) in paragraph (4) (as redesignated by paragraph (3)), by
striking ``four representatives'' and inserting ``4
representatives''; and
(6) in paragraph (5) (as redesignated by paragraph (3)), by
striking ``two individuals'' and inserting ``2 individuals''.
SEC. 302. UPDATE OF PLAN.
Section 6 of Public Law 99-647 (16 U.S.C. 461 note) is amended by
adding at the end the following:
``(e) Update of Plan.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, the Commission shall update the
plan.
``(2) Considerations.--In updating the plan under paragraph
(1), the Commission shall take into account the findings and
recommendations included in the Blackstone Sustainability Study
conducted by the National Park System Advisory Board.
``(3) Requirements.--The update shall--
``(A) examine the sustainability of the Corridor
and the Commission form of management for the Corridor;
and
``(B) include an analysis of--
``(i) options for preserving, enhancing,
and interpreting the resources of the Corridor;
and
``(ii) the partnerships that sustain those
resources.
``(4) Approval or disapproval.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall approve or
disapprove any changes to the plan proposed in the
update in accordance with subsection (b).
``(B) Exception.--Minor revisions to the plan shall
not be subject to the approval of the Secretary.''.
SEC. 303. EXTENSION OF COMMISSION.
Public Law 99-647 (16 U.S.C. 461 note) is amended by striking
section 7 and inserting the following:
``SEC. 7. TERMINATION OF COMMISSION.
``The Commission shall terminate on the date that is 20 years after
the date of enactment of the John H. Chafee Blackstone River Valley
National Heritage Corridor Reauthorization Act of 2005.''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of Public Law 99-647 (16 U.S.C. 461 note) is amended--
(1) in subsection (a), by striking ``$650,000'' and
inserting ``$1,000,000''; and
(2) by striking subsection (b) and inserting the following:
``(b) Development Funds.--There is authorized to be appropriated to
carry out section 8(c) not more than $10,000,000 for the period of
fiscal years 2006 through 2016, to remain available until expended.''.
TITLE IV--MISSISSIPPI RIVER NATIONAL HERITAGE AREA
SEC. 401. SHORT TITLE.
This title may be cited as the ``Mississippi River National
Heritage Area Act''.
SEC. 402. FINDINGS.
Congress finds that--
(1) the Mississippi River is an area in which natural,
scenic, cultural, and historic resources form a cohesive and
nationally distinctive landscape that--
(A) arises from patterns of human activity shaped
by geography; and
(B) forms a unique aspect of the heritage of the
United States;
(2) there is a national interest in conserving, restoring,
promoting, and interpreting the benefits of the area for the
residents of, and visitors to, the area;
(3) the area reflects a complex mixture of people and the
origins, traditions, customs, beliefs, and folkways of the
people that are of interest to the public;
(4) the Mississippi River Corridor Study Commission Act of
1989 (Public Law 101-398; 104 Stat. 855) authorized a
Mississippi River National Heritage Corridor feasibility study,
which was--
(A) conducted by the National Park Service, Denver
Service Center Office; and
(B) submitted to the Secretary of the Interior and
Congress in 1996;
(5) the feasibility study strongly recommended that
Congress introduce legislation designating the area as a
national heritage corridor for the benefit of the people of the
United States;
(6) designation of the area as a national heritage corridor
would enhance 1 of the richest, most culturally distinct
landmarks in the world; and
(7) the feasibility study recommended that the primary
Mississippi River Heritage Corridor consist of all counties and
parishes immediately adjacent to the main stem of the
Mississippi River, from Lake Itasca, Minnesota to the Gulf of
Mexico, plus any additional counties or parishes through which
the Great River Road passes.
SEC. 403. PURPOSES.
The purposes of this title are--
(1) to conserve, restore, interpret, and promote the
significant resource values and functions of the Mississippi
River area and advance sustainable economic viability of the
area in accordance with the goals of the management plan;
(2) to foster a close working relationship with all levels
of government, the private sector, and the local communities in
the area to enable the communities to conserve and interpret
the heritage of the communities while continuing to pursue
economic opportunities; and
(3) to establish, in partnership with States, local
communities, museums, preservation organizations, private
corporations, and landowners in the Heritage Area, the
Mississippi River National Heritage Area.
SEC. 404. DEFINITIONS.
In this title:
(1) Heritage area.--The term ``Heritage Area'' means the
Mississippi River National Heritage Area established by section
405(a).
(2) Management entity.--The term ``management entity''
means the National Mississippi River Museum and Aquarium, which
is managed by the Dubuque County Historical Society, a
nonprofit organization incorporated in the State of Iowa,
working under the advice of the National Mississippi River
Parkway Commission's Heritage and Culture Commission, which is
comprised of 1 member appointed by the Governor of each of the
10 states of the Mississippi River.
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 407.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 405. MISSISSIPPI RIVER NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Mississippi River
National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of--
(1) all counties and parishes that border the Mississippi
River; and
(2) all counties and parishes through which the Great River
Road passes.
SEC. 406. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For the purposes of developing and implementing
the management plan approved by the Secretary, the management entity
may--
(1) make grants to, and enter into cooperative agreements
with, States, units of local government, and private
organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The management entity shall--
(1) submit to the Secretary for approval a management plan;
(2) implement the management plan, including providing
assistance to units of government and others in--
(A) establishing and maintaining interpretive
activities and exhibits within the Heritage Area;
(B) carrying out programs that recognize important
resource values within the Heritage Area;
(C) developing heritage-based recreational and
educational opportunities for residents of, and
visitors to, the Heritage Area;
(D) increasing public awareness and appreciation
for the natural, historic, and cultural resources of
the Heritage Area;
(3) adopt bylaws governing the conduct of the management
entity; and
(4) for any year for which Federal funds are received under
this title, submit to the Secretary a report that describes,
for the year--
(A) the accomplishments of the management entity;
and
(B) the expenses and income of the management
entity.
(c) Acquisition of Real Property.--No Federal funds authorized
under this title may be used to acquire real property or any interest
in real property.
(d) Public Meetings.--The management entity shall conduct public
meetings at least quarterly.
SEC. 407. MANAGEMENT PLAN.
(a) In General.--The management entity shall develop a management
plan for the Heritage Area that incorporates an integrated and
cooperative approach to conserving, interpreting, and enhancing the
natural, scenic, cultural, historic, and recreational resources of the
Heritage Area consistent with Federal, State, and local land use laws.
(b) Consideration of Other Plans and Actions.--In developing the
management plan, the management entity shall--
(1) take into consideration Federal, State, and local plans
land use, laws, and plans; and
(2) invite the participation of residents, public agencies,
and private organizations in the Heritage Area.
(c) Contents.--The management plan shall include--
(1) an inventory of the resources in the Heritage Area,
including--
(A) a list of property in the Heritage Area that--
(i) relates to the purposes of the Heritage
Area; and
(ii) should be preserved, restored,
managed, or maintained because of the
significance of the property; and
(B) an assessment of cultural landscapes within the
Heritage Area;
(2) provisions for the conservation, interpretation, and
enjoyment of the resources of the Heritage Area identified in
the management plan that the Secretary determines to be
consistent with--
(A) this title; and
(B) the economic viability of the Heritage Area;
(3) an interpretation plan for the Heritage Area; and
(4) a program for implementation of the management plan
that includes--
(A) actions that may be carried out by the
management entity, units of government, private
organizations, and public-private partnerships to
protect the resources of the Heritage Area; and
(B) the identification of existing and potential
sources of funding for implementing the management
plan.
(d) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the management entity shall submit the
management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this title until a management plan for the
Heritage Area is submitted to the Secretary.
(e) Approval.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (d)(1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a
management plan under paragraph (1), the Secretary
shall--
(i) advise the management entity in writing
of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) allow the management entity to submit
to the Secretary revisions to the management
plan.
(B) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(f) Revision.--After approval by the Secretary of a management
plan, the management entity shall periodically--
(1) review the management plan; and
(2) submit to the Secretary, for review and approval by the
Secretary, the recommendations of the management entity for any
revisions to the management plan that the management entity
considers to be appropriate.
(g) Expenditure of Funds.--Funds made available under this title
shall be used only to implement the approved management plan.
SEC. 408. PRIVATE PROPERTY PROTECTION.
(a) In General.--Nothing in this title--
(1) requires any private property owner to allow public
access (including access to the Federal Government or State or
local governments) to private property; or
(2) modifies any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not create
any liability, or have any effect on any liability under any other law,
of any private property owner with respect to any persons injured on
the private property.
(c) Participation of Private Property Owners in Heritage Area.--
Nothing in this title requires the owner of any private property
located within the boundaries of the Heritage Area to participate in,
or be associated with, the Heritage Area.
SEC. 409. EFFECT OF TITLE.
Nothing in this title--
(1) grants any Federal agency regulatory authority over any
interest in the Heritage Area, unless cooperatively agreed to
by all involved parties;
(2) modifies, enlarges, or diminishes any authority of the
Federal Government or State or local government to regulate any
use of land as provided for by law (including regulations) in
existence on the date of enactment of this Act;
(3) grants any power of zoning or land use to the
management entity;
(4) imposes any environmental, occupational, safety, or
other rule, standard, or permitting process that is different
from the rules, standards, and processes in effect on the date
of enactment of this Act that would be applicable if the
Heritage Area had not been established;
(5) imposes any change in Federal environmental quality
standards;
(6) abridges, restricts, or alters any applicable rule,
standard, or review procedure for permitting of facilities
within or adjacent to the Heritage Area; or
(7) affects the continuing use and operation, where located
on the date of enactment of this Act, of any public or private
facility, including any public utility or common carrier.
SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$20,000,000, of which not more than $2,000,000 shall be made available
for any fiscal year.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on National Parks. Hearings held. With printed Hearing: S.Hrg. 109-663.
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