[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4020 Received in Senate (RDS)]
2d Session
H. R. 4020
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 1 (legislative day, September 22), 2000
Received
_______________________________________________________________________
AN ACT
To authorize the addition of land to Sequoia National Park, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Table of contents.
TITLE I--ADDITION OF LAND TO SEQUOIA NATIONAL PARK
Sec. 101. Addition to Sequoia National Park.
TITLE II--UPPER HOUSATONIC NATIONAL HERITAGE AREA
Sec. 201. Authorization of study.
Sec. 202. Boundaries of the study area.
Sec. 203. Report.
Sec. 204. Authorization of appropriations.
TITLE III--WITHHOLDING OF ROYALTY PAYMENTS UNDER CERTAIN CIRCUMSTANCES
Sec. 301. Royalty payments under leases under the Outer Continental
Shelf Lands Act.
TITLE IV--INCLUSION OF CAT ISLAND IN GULF ISLANDS NATIONAL SEASHORE
Sec. 401. Boundary adjustment to include Cat Island.
TITLE V--WASHOE TRIBE LAND CONVEYANCE
Sec. 501. Washoe Tribe land conveyance.
TITLE VI--PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Land exchange.
Sec. 604. Boundary adjustment and maps.
TITLE VII--CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
COMMISSION
Sec. 701. Chesapeake and Ohio Canal National Historical Park
Commission.
TITLE VIII--EDUCATION LAND GRANTS
Sec. 801. Short title.
Sec. 802. Conveyance of national forest system lands for educational
purposes.
TITLE IX--GAYLORD NELSON APOSTLE ISLANDS STEWARDSHIP
Sec. 901. Short title.
Sec. 902. Gaylord Nelson Apostle Islands.
TITLE X--PEOPLING OF AMERICA THEME STUDY
Sec. 1001. Short title.
Sec. 1002. Findings and purposes.
Sec. 1003. Definitions.
Sec. 1004. Theme study.
Sec. 1005. Cooperative agreements.
Sec. 1006. Authorization of appropriations.
TITLE XI--NATCHEZ TRACE PARKWAY
Sec. 1101. Definitions.
Sec. 1102. Boundary adjustment and land acquisition.
Sec. 1103. Authorization of leasing.
Sec. 1104. Authorization of appropriations.
TITLE XII--FORT MATANZAS NATIONAL MONUMENT BOUNDARY ADJUSTMENT
Sec. 1201. Definitions.
Sec. 1202. Revision of boundary.
Sec. 1203. Acquisition of additional land.
Sec. 1204. Administration.
Sec. 1205. Authorization of appropriations.
TITLE XIII--LAND ACQUISITION
Sec. 1301. Acquisition of certain property in Washington County, Utah.
TITLE XIV--SAINT CROIX ISLAND HERITAGE
Sec. 1401. Short title.
Sec. 1402. Findings and purposes.
Sec. 1403. Definitions.
Sec. 1404. Saint Croix Island Regional Heritage Center.
Sec. 1405. Authorization of appropriations.
TITLE XV--HOOSIER AUTOMOBILE & TRUCK NATIONAL HERITAGE TRAIL AREA
Sec. 1501. Short title.
Sec. 1502. Findings and purposes.
Sec. 1503. Definitions.
Sec. 1504. Automobile National Heritage Area.
Sec. 1505. Designation of partnership as management entity.
Sec. 1506. Management duties of the Hoosier Automobile & Truck National
Heritage Trail Area Partnership.
Sec. 1507. Duties and authorities of Federal agencies.
Sec. 1508. Lack of effect on land use regulation and private property.
Sec. 1509. Sunset.
Sec. 1510. Authorization of appropriations.
TITLE I--ADDITION OF LAND TO SEQUOIA NATIONAL PARK
SEC. 101. ADDITION TO SEQUOIA NATIONAL PARK.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Secretary of the Interior shall acquire by
donation, purchase with donated or appropriated funds, or exchange, all
interest in and to the land described in subsection (b) for addition to
Sequoia National Park, California.
(b) Land Acquired.--The land referred to in subsection (a) is the
land depicted on the map entitled ``Dillonwood'', numbered 102/80,044,
and dated September 1999.
(c) Addition to Park.--Upon acquisition of the land under
subsection (a)--
(1) the Secretary of the Interior shall--
(A) modify the boundaries of Sequoia National Park
to include the land within the park; and
(B) administer the land as part of Sequoia National
Park in accordance with all applicable laws; and
(2) The Secretary of Agriculture shall modify the
boundaries of the Sequoia National Forest to exclude the land
from the forest boundaries.
TITLE II--UPPER HOUSATONIC NATIONAL HERITAGE AREA
SEC. 201. AUTHORIZATION OF STUDY.
(a) In General.--The Secretary of the Interior (in this section
referred to as the ``Secretary'') shall conduct a study of the Upper
Housatonic National Heritage Area (in this section referred to as the
``Study Area''). The study shall include analysis, documentation, and
determinations regarding whether the Study Area--
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities and by
combining diverse and sometimes noncontiguous resources and
active communities;
(2) reflects traditions, customs, beliefs and folklife that
are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, and/or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme or
themes of the Study Area that retain a degree of integrity
capable of supporting interpretation;
(6) includes residents, business interests, nonprofit
organizations, and local and State governments who are involved
in the planning, have developed a conceptual financial plan
that outlines the roles for all participants including the
Federal Government, and have demonstrated support for the
concept of a national heritage area;
(7) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State Governments to develop a
national heritage area consistent with continued local and
State economic activity; and
(8) has a conceptual boundary map that is supported by the
public.
(b) Consultation.--In conducting the study, the Secretary shall
consult with the State historic preservation officers, State historical
societies and other appropriate organizations.
SEC. 202. BOUNDARIES OF THE STUDY AREA.
The Study Area shall be comprised of--
(1) part of the Housatonic River's watershed, which extends
60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
(2) the towns of Canaan, Cornwall, Kent, Norfolk, North
Canaan, Salisbury, Sharon, and Warren in Connecticut; and
(3) the towns of Alford, Dalton, Egremont, Great
Barrington, Hinsdale, Lanesboro, Lee, Lenox, Monterey, Mount
Washington, New Marlboro, Pittsfield, Richmond, Sheffield,
Stockbridge, Tyringham, Washington, and West Stockbridge in
Massachusetts.
SEC. 203. REPORT.
Not later than 3 fiscal years after the date on which funds are
first available for this title, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives a report on the
findings, conclusions, and recommendations of the study.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $300,000 to carry out the
provisions of this title.
TITLE III--WITHHOLDING OF ROYALTY PAYMENTS UNDER CERTAIN CIRCUMSTANCES
SEC. 301. ROYALTY PAYMENTS UNDER LEASES UNDER THE OUTER CONTINENTAL
SHELF LANDS ACT.
(a) Royalty Relief.--
(1) In general.--A State lessee may withhold from payment
any royalty due and owing to the United States under any lease
under the Outer Continental Shelf Lands Act (43 U.S.C. 1301 et
seq.) for offshore oil or gas production from a covered lease
tract if, on or before the date that the payment is due and
payable to the United States, the State lessee makes a payment
to the State of Louisiana of 44 cents for every $1 of royalty
withheld.
(2) Treatment of withheld amounts.--Any royalty withheld by
a State lessee in accordance with this section shall be treated
as paid for purposes of satisfaction of the royalty obligations
of the State lessee to the United States.
(3) Certification of withheld amounts.--The Secretary of
the Treasury shall--
(A) determine the amount of royalty withheld under
this section; and
(B) promptly publish a certification when the total
amount of royalty withheld under this section is equal
to the sum of--
(i) $18,115,147; plus
(ii) simple annual interest on the
difference, on January 1 of each year, between
the amount referred to in clause (i) and the
total amount of royalty withheld under this
section, determined at 8 percent per year for
the period beginning March 21, 1989, and ending
on the date on which the amount of royalty
withheld under this section is equal to the
amount referred to in clause (i).
(b) Period of Royalty Relief.--Subsection (a) shall apply to
royalty amounts that are due and payable in the period beginning on
October 1, 2001, and ending on the date on which the Secretary
publishes a certification under subsection (a)(3)(B).
(c) Definitions.--As used in this section:
(1) Covered lease tract.--The term ``covered lease tract''
means a leased tract (or portion of a leased tract)--
(A) lying seaward of the zone defined and governed
by section 8(g) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(g)); or
(B) lying within such zone but to which such
section does not apply.
(2) State lessee.--The term ``State lessee'' means a person
(including a successor or assign of a person), that, on the
date of the enactment of the Oil Pollution Act of 1990 (Public
Law 101-380; August 18, 1990), held lease rights in the State
of Louisiana offshore leases SL10087, SL10088, and SL10187, but
did not hold lease rights in Federal offshore lease OCS-G-5669.
TITLE IV--INCLUSION OF CAT ISLAND IN GULF ISLANDS NATIONAL SEASHORE
SEC. 401. BOUNDARY ADJUSTMENT TO INCLUDE CAT ISLAND.
(a) In General.--The first section of Public Law 91-660 (16 U.S.C.
459h) is amended--
(1) in the first sentence, by striking ``That, in'' and
inserting the following:
``SECTION 1. GULF ISLANDS NATIONAL SEASHORE.
``(a) Establishment.--In''; and
(2) in the second sentence--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and
indenting appropriately;
(B) by striking ``The seashore shall comprise'' and
inserting the following:
``(b) Composition.--
``(1) In general.--The seashore shall comprise the areas
described in paragraphs (2) and (3).
``(2) Areas included in boundary plan numbered ns-gi-
7100j.--The areas described in this paragraph are'': and
(C) by adding at the end the following:
``(3) Cat island.--The area described in this paragraph is
the parcel consisting of approximately 2,000 acres of land on
Cat Island, Mississippi, as generally depicted on the map
entitled `Boundary Map, Gulf Islands National Seashore, Cat
Island, Mississippi', numbered 635/80085, and dated November 9,
1999 (referred to in this Act as the `Cat Island Map').
``(4) Availability of map.--The Cat Island Map shall be on
file and available for public inspection in the appropriate
offices of the National Park Service.''.
(b) Acquisition Authority.--Section 2 of Public Law 91-660 (16
U.S.C. 459h-1) is amended--
(1) in the first sentence of subsection (a), by striking
``lands,'' and inserting ``submerged land, land,''; and
(2) by adding at the end the following:
``(e) Acquisition Authority.--
``(1) In general.--The Secretary may acquire, from a
willing seller only--
``(A) all land comprising the parcel described in
subsection (b)(3) that is above the mean line of
ordinary high tide, lying and being situated in
Harrison County, Mississippi, consisting of--
``(i) Sections 25 and 26, Township 9 South,
Range 12 West;
``(ii) Sections 22, 27, 28, 29, 30, 31, 32,
33, and 34, Township 9 South, Range 11 West;
and
``(iii) Section 4, Township 10 South, Range
11 West;
``(B) an easement over the approximately 150-acre
parcel depicted as the `Boddie Family Tract' on the Cat
Island Map for the purpose of implementing an agreement
with the owners of the parcel concerning the
development and use of the parcel; and
``(C)(i) land and interests in land on Cat Island
outside the 2,000-acre area depicted on the Cat Island
Map; and
``(ii) submerged land that lies within 1 mile
seaward of Cat Island (referred to in this Act as the
`buffer zone'), except that submerged land owned by the
State of Mississippi (or a subdivision of the State)
may be acquired only by donation.
``(2) Administration.--
``(A) In general.--Land and interests in land
acquired under this subsection shall be administered by
the Secretary, acting through the Director of the
National Park Service.
``(B) Buffer zone.--Nothing in this Act or any
other provision of law shall require the State of
Mississippi to convey to the Secretary any right,
title, or interest in or to the buffer zone as a
condition for the establishment of the buffer zone.
``(3) Modification of boundary.--The boundary of the
seashore shall be modified to reflect the acquisition of land
under this subsection.''.
(c) Regulation of Fishing.--Section 3 of Public Law 91-660 (16
U.S.C. 459h-2) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(b) No Authority To Regulate Maritime Activities.--Nothing in
this Act or any other provision of law shall affect any right of the
State of Mississippi, or give the Secretary any authority, to regulate
maritime activities, including nonseashore fishing activities
(including shrimping), in any area that, on the date of the enactment
of this subsection, is outside the designated boundary of the seashore
(including the buffer zone).''.
(d) Authorization of Management Agreements.--Section 5 of Public
Law 91-660 (16 U.S.C. 459h-4) is amended--
(1) by inserting ``(a) In General.--'' before ``Except'';
and
(2) by adding at the end the following:
``(b) Agreements.--
``(1) In general.--The Secretary may enter into
agreements--
``(A) with the State of Mississippi for the
purposes of managing resources and providing law
enforcement assistance, subject to authorization by
State law, and emergency services on or within any land
on Cat Island and any water and submerged land within
the buffer zone; and
``(B) with the owners of the approximately 150-acre
parcel depicted as the `Boddie Family Tract' on the Cat
Island Map concerning the development and use of the
land.
``(2) No authority to enforce certain regulations.--Nothing
in this subsection authorizes the Secretary to enforce Federal
regulations outside the land area within the designated
boundary of the seashore.''.
(e) Authorization of Appropriations.--Section 11 of Public Law 91-
660 (16 U.S.C. 459h-10) is amended--
(1) by inserting ``(a) In General.--'' before ``There'';
and
(2) by adding at the end the following:
``(b) Authorization for Acquisition of Land.--In addition to the
funds authorized by subsection (a), there are authorized to be
appropriated such sums as are necessary to acquire land and submerged
land on and adjacent to Cat Island, Mississippi.''.
TITLE V--WASHOE TRIBE LAND CONVEYANCE
SEC. 501. WASHOE TRIBE LAND CONVEYANCE.
(a) Findings.--Congress finds that--
(1) the ancestral homeland of the Washoe Tribe of Nevada
and California (referred to in this section as the ``Tribe'')
included an area of approximately 5,000 square miles in and
around Lake Tahoe, California and Nevada, and Lake Tahoe was
the heart of the territory;
(2) in 1997, Federal, State, and local governments,
together with many private landholders, recognized the Washoe
people as indigenous people of Lake Tahoe Basin through a
series of meetings convened by those governments at two
locations in Lake Tahoe;
(3) the meetings were held to address protection of the
extraordinary natural, recreational, and ecological resources
in the Lake Tahoe region;
(4) the resulting multiagency agreement includes objectives
that support the traditional and customary uses of Forest
Service land by the Tribe; and
(5) those objectives include the provision of access by
members of the Tribe to the shore of Lake Tahoe in order to
reestablish traditional and customary cultural practices.
(b) Purposes.--The purposes of this title are--
(1) to implement the joint local, State, tribal, and
Federal objective of returning the Tribe to Lake Tahoe; and
(2) to ensure that members of the Tribe have the
opportunity to engage in traditional and customary cultural
practices on the shore of Lake Tahoe to meet the needs of
spiritual renewal, land stewardship, Washoe horticulture and
ethnobotany, subsistence gathering, traditional learning, and
reunification of tribal and family bonds.
(c) Conveyance.--Subject to valid existing rights and subject to
the easement reserved under subsection (d), the Secretary of
Agriculture shall convey to the Secretary of the Interior, in trust for
the Tribe, for no consideration, all right, title, and interest in the
parcel of land comprising approximately 24.3 acres, located within the
Lake Tahoe Basin Management Unit north of Skunk Harbor, Nevada, and
more particularly described as Mount Diablo Meridian, T15N, R18E,
section 27, lot 3.
(d) Easement.--
(1) In general.--The conveyance under subsection (c) shall
be made subject to reservation to the United States of a
nonexclusive easement for public and administrative access over
Forest Development Road #15N67 to National Forest System land.
(2) Access by individuals with disabilities.--The Secretary
shall provide a reciprocal easement to the Tribe permitting
vehicular access to the parcel over Forest Development Road
#15N67 to--
(A) members of the Tribe for administrative and
safety purposes; and
(B) members of the Tribe who, due to age,
infirmity, or disability, would have difficulty
accessing the conveyed parcel on foot.
(e) Use of Land.--
(1) In general.--In using the parcel conveyed under
subsection (c), the Tribe and members of the Tribe--
(A) shall limit the use of the parcel to
traditional and customary uses and stewardship
conservation of the Tribe and not permit any commercial
use (including commercial development, residential
development, gaming, sale of timber, or mineral
extraction); and
(B) shall comply with environmental requirements
that are no less protective than environmental
requirements that apply under the Regional Plan of the
Tahoe Regional Planning Agency.
(2) Reversion.--If the Secretary of the Interior, after
notice to the Tribe and an opportunity for a hearing, based on
monitoring of use of the parcel by the Tribe, makes a finding
that the Tribe has used or permitted the use of the parcel in
violation of paragraph (1) and the Tribe fails to take
corrective or remedial action directed by the Secretary of the
Interior, title to the parcel shall revert to the Secretary of
Agriculture.
TITLE VI--PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Pecos National Historical Park
Land Exchange Act of 2000''.
SEC. 602. DEFINITIONS.
As used in this title--
(1) the term ``Secretaries'' means the Secretary of the
Interior and the Secretary of Agriculture;
(2) the term ``landowner'' means Harold and Elisabeth
Zuschlag, owners of land within the Pecos National Historical
Park; and
(3) the term ``map'' means a map entitled ``Proposed Land
Exchange for Pecos National Historical Park'', numbered 430/
80,054, and dated November 19, 1999, revised September 18,
2000.
SEC. 603. LAND EXCHANGE.
(a) Conveyance of Federal Land and Interests.--Upon the conveyance
by the landowner to the Secretary of the Interior of the lands
identified in subsection (b), the Secretary of Agriculture shall convey
the following lands and interests to the landowner, subject to the
provisions of this title:
(1) Approximately 160 acres of Federal lands and interests
therein within the Santa Fe National Forest in the State of New
Mexico, as generally depicted on the map; and
(2) The Secretary of the Interior shall convey an easement
for water pipelines to two existing well sites, located within
the Pecos National Historical Park, as provided in this
paragraph.
(A) The Secretary of the Interior shall determine
the appropriate route of the easement through Pecos
National Historical Park and such route shall be a
condition of the easement. The Secretary of the
Interior may add such additional terms and conditions
relating to the use of the well and pipeline granted
under this easement as he deems appropriate.
(B) The easement shall be established, operated,
and maintained in compliance with all Federal laws.
(b) Receipt of Private Lands.--The lands to be conveyed by the
landowner to the Secretary of the Interior comprise approximately 154
acres within the Pecos National Historical Park as generally depicted
on the map.
(c) Condition of Exchange.--The Secretary of Agriculture shall
convey the lands and interests identified in subsection (a) only if the
landowner conveys a deed of title to the United States, that is
acceptable to and approved by the Secretary of the Interior.
(d) Terms and Conditions.--
(1) In general.--Except as otherwise provided in this
title, the exchange of lands and interests pursuant to this
title shall be in accordance with the provisions of section 206
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716) and other applicable laws including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Valuation and appraisals.--The values of the lands and
interests to be exchanged pursuant to this title shall be
equal, as determined by appraisals using nationally recognized
appraisal standards including the Uniform Appraisal Standards
for Federal Land Acquisition. The Secretaries shall obtain the
appraisals and insure they are conducted in accordance with the
Uniform Appraisal Standards for Federal Land Acquisition. The
appraisals shall be paid for in accordance with the exchange
agreement between the Secretaries and the landowner.
(3) Completion of the exchange.--The exchange of lands and
interests pursuant to this title shall be completed not later
than 180 days after the requirements of the National
Environmental Policy Act of 1969 have been met and after the
Secretary of the Interior approves the appraisals. The
Secretaries shall report to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives upon the successful completion of the
exchange.
(4) Additional terms and conditions.--The Secretaries may
require such additional terms and conditions in connection with
the exchange of lands and interests pursuant to this title as
the Secretaries consider appropriate to protect the interests
of the United States.
(5) Equalization of values.--
(A) The Secretary of Agriculture shall equalize the
values of Federal land conveyed under subsection (a)
and the land conveyed to the Federal Government under
subsection (b)--
(i) by the payment of cash to the Secretary
of Agriculture or the landowner, as
appropriate, except that notwithstanding
section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), the
Secretary of Agriculture may accept a cash
equalization payment in excess of 25 percent of
the value of the Federal land; or
(ii) if the value of the Federal land is
greater than the land conveyed to the Federal
Government, by reducing the acreage of the
Federal land conveyed.
(B) Disposition of funds.--Any funds received by
the Secretary of Agriculture as cash equalization
payment from the exchange under this section shall be
deposited into the fund established by Public Law 90-
171 (commonly known as the Sisk Act; 16 U.S.C. 484a)
and shall be available for expenditure, without further
appropriation, for the acquisition of land and
interests in the land in the State of New Mexico.
SEC. 604. BOUNDARY ADJUSTMENT AND MAPS.
(a) Boundary Adjustment.--Upon acceptance of title by the Secretary
of the Interior of the lands and interests conveyed to the United
States pursuant to section 603, the boundaries of the Pecos National
Historical Park shall be adjusted to encompass such lands. The
Secretary of the Interior shall administer such lands in accordance
with the provisions of law generally applicable to units of the
National Park System, including the Act of August 25, 1916 (16 U.S.C.
1, 2-4).
(b) Maps.--The map shall be on file and available for public
inspection in the appropriate offices of the Secretaries.
(c) Submission to Congress.--Not later than 180 days after
completion of the exchange described in section 603, the Secretaries
shall transmit the map accurately depicting the lands and interests
conveyed to the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives.
TITLE VII--CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
COMMISSION
SEC. 701. CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
COMMISSION.
Section 6(g) of the Chesapeake and Ohio Canal Development Act (16
U.S.C. 410y-4(g)) is amended by striking ``thirty'' and inserting
``40''.
TITLE VIII--EDUCATION LAND GRANTS
SEC. 801. SHORT TITLE.
This title may be cited as the ``Education Land Grant Act''.
SEC. 802. CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR EDUCATIONAL
PURPOSES.
(a) Authority To Convey.--Upon written application, the Secretary
of Agriculture may convey National Forest System lands to a public
school district for use for educational purposes if the Secretary
determines that--
(1) the public school district seeking the conveyance will
use the conveyed land for a public or publicly funded
elementary or secondary school, to provide grounds or
facilities related to such a school, or for both purposes;
(2) the conveyance will serve the public interest;
(3) the land to be conveyed is not otherwise needed for the
purposes of the National Forest System;
(4) the total acreage to be conveyed does not exceed the
amount reasonably necessary for the proposed use;
(5) the land is to be used for an established or proposed
project that is described in detail in the application to the
Secretary, and the conveyance would serve public objectives
(either locally or at large) that outweigh the objectives and
values which would be served by maintaining such land in
Federal ownership;
(6) the applicant is financially and otherwise capable of
implementing the proposed project;
(7) the land to be conveyed has been identified for
disposal in an applicable land and resource management plan
under the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1600 et seq.); and
(8) an opportunity for public participation in a disposal
under this section has been provided, including at least one
public hearing or meeting, to provide for public comments.
(b) Acreage Limitation.--A conveyance under this section may not
exceed 80 acres. However, this limitation shall not be construed to
preclude an entity from submitting a subsequent application under this
section for an additional land conveyance if the entity can demonstrate
to the Secretary a need for additional land.
(c) Costs and Mineral Rights.--(1) A conveyance under this section
shall be for a nominal cost. The conveyance may not include the
transfer of mineral or water rights.
(2) If necessary, the exact acreage and legal description of the
real property conveyed under this title shall be determined by a survey
satisfactory to the Secretary and the applicant. The cost of the survey
shall be borne by the applicant.
(d) Review of Applications.--When the Secretary receives an
application under this section, the Secretary shall--
(1) before the end of the 14-day period beginning on the
date of the receipt of the application, provide notice of that
receipt to the applicant; and
(2) before the end of the 120-day period beginning on that
date--
(A) make a final determination whether or not to
convey land pursuant to the application, and notify the
applicant of that determination; or
(B) submit written notice to the applicant
containing the reasons why a final determination has
not been made.
(e) Reversionary Interest.--If, at any time after lands are
conveyed pursuant to this section, the entity to whom the lands were
conveyed attempts to transfer title to or control over the lands to
another or the lands are devoted to a use other than the use for which
the lands were conveyed, title to the lands shall revert to the United
States.
TITLE IX--GAYLORD NELSON APOSTLE ISLANDS STEWARDSHIP
SEC. 901. SHORT TITLE.
This title may be cited as the ``Gaylord Nelson Apostle Islands
Stewardship Act of 2000''.
SEC. 902. GAYLORD NELSON APOSTLE ISLANDS.
(a) Declarations.--Congress declares that--
(1) the Apostle Islands National Lakeshore is a national
and a Wisconsin treasure;
(2) the State of Wisconsin is particularly indebted to
former Senator Gaylord Nelson for his leadership in the
creation of the Lakeshore;
(3) after more than 28 years of enjoyment, some issues
critical to maintaining the overall ecological, recreational,
and cultural vision of the Lakeshore need additional attention;
(4) the general management planning process for the
Lakeshore has identified a need for a formal wilderness study;
(5) all land within the Lakeshore that might be suitable
for designation as wilderness are zoned and managed to protect
wilderness characteristics pending completion of such a study;
(6) several historic lighthouses within the Lakeshore are
in danger of structural damage due to severe erosion;
(7) the Secretary of the Interior has been unable to take
full advantage of cooperative agreements with Federal, State,
local, and tribal governmental agencies, institutions of higher
education, and other nonprofit organizations that could assist
the National Park Service by contributing to the management of
the Lakeshore;
(8) because of competing needs in other units of the
National Park System, the standard authorizing and budgetary
process has not resulted in updated legislative authority and
necessary funding for improvements to the Lakeshore; and
(9) the need for improvements to the Lakeshore and
completion of a wilderness study should be accorded a high
priority among National Park Service activities.
(b) Definitions.--In this section:
(1) Lakeshore.--The term ``Lakeshore'' means the Apostle
Islands National Lakeshore.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(c) Wilderness Study.--In fulfillment of the responsibilities of
the Secretary under the Wilderness Act (16 U.S.C. 1131 et seq.) and of
applicable agency policy, the Secretary shall evaluate areas of land
within the Lakeshore for inclusion in the National Wilderness System.
(d) Apostle Islands Lighthouses.--The Secretary shall undertake
appropriate action (including protection of the bluff toe beneath the
lighthouses, stabilization of the bank face, and dewatering of the area
immediately shoreward of the bluffs) to protect the lighthouse
structures at Raspberry Lighthouse and Outer Island Lighthouse on the
Lakeshore.
(e) Cooperative Agreements.--Section 6 of Public Law 91-424 (16
U.S.C. 460w-5) is amended--
(1) by striking ``Sec. 6. The lakeshore'' and inserting the
following:
``SEC. 6. MANAGEMENT.
``(a) In General.--The lakeshore''; and
(2) by adding at the end the following:
``(b) Cooperative Agreements.--The Secretary may enter into a
cooperative agreement with a Federal, State, tribal, or local
government agency or a nonprofit private entity if the Secretary
determines that a cooperative agreement would be beneficial in carrying
out section 7.''.
(f) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $200,000 to carry out subsection (c); and
(2) $3,900,000 to carry out subsection (d).
TITLE X--PEOPLING OF AMERICA THEME STUDY
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Peopling of America Theme Study
Act''.
SEC. 1002. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) an important facet of the history of the United States
is the story of how the United States was populated;
(2) the migration, immigration, and settlement of the
population of the United States--
(A) is broadly termed the ``peopling of America'';
and
(B) is characterized by--
(i) the movement of groups of people across
external and internal boundaries of the United
States and territories of the United States;
and
(ii) the interactions of those groups with
each other and with other populations;
(3) each of those groups has made unique, important
contributions to American history, culture, art, and life;
(4) the spiritual, intellectual, cultural, political, and
economic vitality of the United States is a result of the
pluralism and diversity of the American population;
(5) the success of the United States in embracing and
accommodating diversity has strengthened the national fabric
and unified the United States in its values, institutions,
experiences, goals, and accomplishments;
(6)(A) the National Park Service's official thematic
framework, revised in 1996, responds to the requirement of
section 1209 of the Civil War Sites Study Act of 1990 (16
U.S.C. 1a-5 note; Public Law 101-628), that ``the Secretary
shall ensure that the full diversity of American history and
prehistory are represented'' in the identification and
interpretation of historic properties by the National Park
Service; and
(B) the thematic framework recognizes that ``people are the
primary agents of change'' and establishes the theme of human
population movement and change--or ``peopling places''--as a
primary thematic category for interpretation and preservation;
and
(7) although there are approximately 70,000 listings on the
National Register of Historic Places, sites associated with the
exploration and settlement of the United States by a broad
range of cultures are not well represented.
(b) Purposes.--The purposes of this title are--
(1) to foster a much-needed understanding of the diversity
and contribution of the breadth of groups who have peopled the
United States; and
(2) to strengthen the ability of the National Park Service
to include groups and events otherwise not recognized in the
peopling of the United States.
SEC. 1003. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Theme study.--The term ``theme study'' means the
national historic landmark theme study required under section
1004.
(3) Peopling of america.--The term ``peopling of America''
means the migration to and within, and the settlement of, the
United States.
SEC. 1004. THEME STUDY.
(a) In General.--The Secretary shall prepare and submit to Congress
a national historic landmark theme study on the peopling of America.
(b) Purpose.--The purpose of the theme study shall be to identify
regions, areas, trails, districts, communities, sites, buildings,
structures, objects, organizations, societies, and cultures that--
(1) best illustrate and commemorate key events or decisions
affecting the peopling of America; and
(2) can provide a basis for the preservation and
interpretation of the peopling of America that has shaped the
culture and society of the United States.
(c) Identification and Designation of Potential New National
Historic Landmarks.--
(1) In general.--The theme study shall identify and
recommend for designation new national historic landmarks.
(2) List of appropriate sites.--The theme study shall--
(A) include a list in order of importance or merit
of the most appropriate sites for national historic
landmark designation; and
(B) encourage the nomination of other properties to
the National Register of Historic Places.
(3) Designation.--On the basis of the theme study, the
Secretary shall designate new national historic landmarks.
(d) National Park System.--
(1) Identification of sites within current units.--The
theme study shall identify appropriate sites within units of
the National Park System at which the peopling of America may
be interpreted.
(2) Identification of new sites.--On the basis of the theme
study, the Secretary shall recommend to Congress sites for
which studies for potential inclusion in the National Park
System should be authorized.
(e) Continuing Authority.--After the date of submission to Congress
of the theme study, the Secretary shall, on a continuing basis, as
appropriate to interpret the peopling of America--
(1) evaluate, identify, and designate new national historic
landmarks; and
(2) evaluate, identify, and recommend to Congress sites for
which studies for potential inclusion in the National Park
System should be authorized.
(f) Public Education and Research.--
(1) Linkages.--
(A) Establishment.--On the basis of the theme
study, the Secretary may identify appropriate means for
establishing linkages--
(i) between--
(I) regions, areas, trails,
districts, communities, sites,
buildings, structures, objects,
organizations, societies, and cultures
identified under subsections (b) and
(d); and
(II) groups of people; and
(ii) between--
(I) regions, areas, districts,
communities, sites, buildings,
structures, objects, organizations,
societies, and cultures identified
under subsection (b); and
(II) units of the National Park
System identified under subsection (d).
(B) Purpose.--The purpose of the linkages shall be
to maximize opportunities for public education and
scholarly research on the peopling of America.
(2) Cooperative arrangements.--On the basis of the theme
study, the Secretary shall, subject to the availability of
funds, enter into cooperative arrangements with State and local
governments, educational institutions, local historical
organizations, communities, and other appropriate entities to
preserve and interpret key sites in the peopling of America.
(3) Educational initiatives.--
(A) In general.--The documentation in the theme
study shall be used for broad educational initiatives
such as--
(i) popular publications;
(ii) curriculum material such as the
Teaching with Historic Places program;
(iii) heritage tourism products such as the
National Register of Historic Places Travel
Itineraries program; and
(iv) oral history and ethnographic
programs.
(B) Cooperative programs.--On the basis of the
theme study, the Secretary shall implement cooperative
programs to encourage the preservation and
interpretation of the peopling of America.
SEC. 1005. COOPERATIVE AGREEMENTS.
The Secretary may enter into cooperative agreements with
educational institutions, professional associations, or other entities
knowledgeable about the peopling of America--
(1) to prepare the theme study;
(2) to ensure that the theme study is prepared in
accordance with generally accepted scholarly standards; and
(3) to promote cooperative arrangements and programs
relating to the peopling of America.
SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
TITLE XI--NATCHEZ TRACE PARKWAY
SEC. 1101. DEFINITIONS.
In this title:
(1) Parkway.--The term ``Parkway'' means the Natchez Trace
Parkway, Mississippi.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1102. BOUNDARY ADJUSTMENT AND LAND ACQUISITION.
(a) In General.--The Secretary shall adjust the boundary of the
Parkway to include approximately--
(1) 150 acres of land, as generally depicted on the map
entitled ``Alternative Alignments/Area'', numbered 604-20062A
and dated May 1998; and
(2) 80 acres of land, as generally depicted on the map
entitled ``Emerald Mound Development Concept Plan'', numbered
604-20042E and dated August 1987.
(b) Maps.--The maps referred to in subsection (a) shall be on file
and available for public inspection in the office of the Director of
the National Park Service.
(c) Acquisition.--The Secretary may acquire the land described in
subsection (a) by donation, purchase with donated or appropriated
funds, or exchange (including exchange with the State of Mississippi,
local governments, and private persons).
(d) Administration.--Land acquired under this section shall be
administered by the Secretary as part of the Parkway.
SEC. 1103. AUTHORIZATION OF LEASING.
The Secretary, acting through the Superintendent of the Parkway,
may lease land within the boundary of the Parkway to the city of
Natchez, Mississippi, for any purpose compatible with the Parkway.
SEC. 1104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
TITLE XII--FORT MATANZAS NATIONAL MONUMENT BOUNDARY ADJUSTMENT
SEC. 1201. DEFINITIONS.
In this title:
(1) Map.--The term ``Map'' means the map entitled ``Fort
Matanzas National Monument'', numbered 347/80,004 and dated
February, 1991.
(2) Monument.--The term ``Monument'' means the Fort
Matanzas National Monument in Florida.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1202. REVISION OF BOUNDARY.
(a) In General.--The boundary of the Monument is revised to include
an area totaling approximately 70 acres, as generally depicted on the
Map.
(b) Availability of Map.--The Map shall be on file and available
for public inspection in the office of the Director of the National
Park Service.
SEC. 1203. ACQUISITION OF ADDITIONAL LAND.
The Secretary may acquire any land, water, or interests in land
that are located within the revised boundary of the Monument by--
(1) donation;
(2) purchase with donated or appropriated funds;
(3) transfer from any other Federal agency; or
(4) exchange.
SEC. 1204. ADMINISTRATION.
Subject to applicable laws, all land and interests in land held by
the United States that are included in the revised boundary under
section 1202 shall be administered by the Secretary as part of the
Monument.
SEC. 1205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
TITLE XIII--LAND ACQUISITION
SEC. 1301. ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON COUNTY, UTAH.
(a) In General.--Notwithstanding any other provision of law,
effective 30 days after the date of the enactment of this title, all
right, title, and interest in and to, and the right to immediate
possession of, the 1,516 acres of real property owned by the
Environmental Land Technology, Ltd. (ELT) within the Red Cliffs Reserve
in Washington County, Utah, and the 34 acres of real property owned by
ELT which is adjacent to the land within the Reserve but is landlocked
as a result of the creation of the Reserve, is hereby vested in the
United States.
(b) Compensation for Property.--Subject to section 309(f) of the
Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-
333), the United States shall pay just compensation to the owner of any
real property taken pursuant to this section, determined as of the date
of the enactment of this title. An initial payment of $15,000,000 shall
be made to the owner of such real property not later than 30 days after
the date of taking. The full faith and credit of the United States is
hereby pledged to the payment of any judgment entered against the
United States with respect to the taking of such property. Payment
shall be in the amount of--
(1) the appraised value of such real property as agreed to
by the land owner and the United States, plus interest from the
date of the enactment of this title; or
(2) the valuation of such real property awarded by
judgment, plus interest from the date of the enactment of this
title, reasonable costs and expenses of holding such property
from February 1990 to the date of final payment, including
damages, if any, and reasonable costs and attorneys fees, as
determined by the court. Payment shall be made from the
permanent judgment appropriation established pursuant to
section 1304 of title 31, United States Code, or from another
appropriate Federal Government fund.
Interest under this subsection shall be compounded in the same manner
as provided for in section 1(b)(2)(B) of the Act of April 17, 1954,
(Chapter 153; 16 U.S.C. 429b(b)(2)(B)) except that the reference in
that provision to ``the date of the enactment of the Manassas National
Battlefield Park Amendments of 1988'' shall be deemed to be a reference
to the date of the enactment of this title.
(c) Determination by Court in Lieu of Negotiated Settlement.--In
the absence of a negotiated settlement, or an action by the owner, the
Secretary of the Interior shall initiate within 90 days after the date
of the enactment of this section a proceeding in the United States
Federal District Court for the District of Utah, seeking a
determination, subject to section 309(f) of the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333), of the value
of the real property, reasonable costs and expenses of holding such
property from February 1990 to the date of final payment, including
damages, if any, and reasonable costs and attorneys fees.
TITLE XIV--SAINT CROIX ISLAND HERITAGE
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Saint Croix Island Heritage Act''.
SEC. 1402. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Saint Croix Island is located in the Saint Croix River,
a river that is the boundary between the State of Maine and
Canada;
(2) the Island is the only international historic site in
the National Park System;
(3) in 1604, French nobleman Pierre Dugua Sieur de Mons,
accompanied by a courageous group of adventurers that included
Samuel Champlain, landed on the Island and began the
construction of a settlement;
(4) the French settlement on the Island in 1604 and 1605
was the initial site of the first permanent settlement in the
New World, predating the English settlement of 1607 at
Jamestown, Virginia;
(5) many people view the expedition that settled on the
Island in 1604 as the beginning of the Acadian culture in North
America;
(6) in October, 1998, the National Park Service completed a
general management plan to manage and interpret the Saint Croix
Island International Historic Site;
(7) the plan addresses a variety of management
alternatives, and concludes that the best management strategy
entails developing an interpretive trail and ranger station at
Red Beach, Maine, and a regional heritage center in downtown
Calais, Maine, in cooperation with Federal, State, and local
agencies;
(8) a 1982 memorandum of understanding, signed by the
Department of the Interior and the Canadian Department for the
Environment, outlines a cooperative program to commemorate the
international heritage of the Saint Croix Island site and
specifically to prepare for the 400th anniversary of the
settlement in 2004; and
(9) only 4 years remain before the 400th anniversary of the
settlement at Saint Croix Island, an occasion that should be
appropriately commemorated.
(b) Purpose.--The purpose of this title is to direct the Secretary
of the Interior to take all necessary and appropriate steps to work
with Federal, State, and local agencies, historical societies, and
nonprofit organizations to facilitate the development of a regional
heritage center in downtown Calais, Maine before the 400th anniversary
of the settlement of Saint Croix Island.
SEC. 1403. DEFINITIONS.
In this title:
(1) Island.--The term ``Island'' means Saint Croix Island,
located in the Saint Croix River, between Canada and the State
of Maine.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 1404. SAINT CROIX ISLAND REGIONAL HERITAGE CENTER.
(a) In General.--The Secretary shall provide assistance in
planning, constructing, and operating a regional heritage center in
downtown Calais, Maine, to facilitate the management and interpretation
of the Saint Croix Island International Historic Site.
(b) Cooperative Agreements.--To carry out subsection (a), in
administering the Saint Croix Island International Historic Site, the
Secretary may enter into cooperative agreements under appropriate terms
and conditions with other Federal agencies, State and local agencies
and nonprofit organizations--
(1) to provide exhibits, interpretive services (including
employing individuals to provide such services), and technical
assistance;
(2) to conduct activities that facilitate the dissemination
of information relating to the Saint Croix Island International
Historic Site;
(3) to provide financial assistance for the construction of
the regional heritage center in exchange for space in the
center that is sufficient to interpret the Saint Croix Island
International Historic Site; and
(4) to assist with the operation and maintenance of the
regional heritage center.
SEC. 1405. AUTHORIZATION OF APPROPRIATIONS.
(a) Design and Construction.--
(1) In general.--There is authorized to be appropriated to
carry out this title (including the design and construction of
the regional heritage center) $2,000,000.
(2) Expenditure.--Paragraph (1) authorizes funds to be
appropriated on the condition that any expenditure of those
funds shall be matched on a dollar-for-dollar basis by funds
from non-Federal sources.
(b) Operation and Maintenance.--There are authorized to be
appropriated such sums as are necessary to maintain and operate
interpretive exhibits in the regional heritage center.
TITLE XV--HOOSIER AUTOMOBILE & TRUCK NATIONAL HERITAGE TRAIL AREA
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Hoosier Automobile & Truck
National Heritage Trail Area Act of 2000''.
SEC. 1502. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds as follows:
(1) The industrial, cultural, and natural heritage legacies
of Indiana's automobile and truck industry are nationally
significant.
(2) The design and manufacture of the automobile and truck
within the State of Indiana helped establish and expand the
United States industrial power.
(3) The industrial strength of automobile and truck
manufacturing was vital to defending freedom and democracy in
two world wars and played a defining role in American
victories.
(4) The economic strength of our Nation is connected
integrally to the vitality of the automobile and truck
industry, which employs millions of workers and upon which one
out of seven United States jobs depends.
(5) The industrial and cultural heritage of the automobile
and truck industry in Indiana includes the social history and
living cultural traditions of several generations.
(6) The United Auto Workers and other unions played a
significant role in the history and progress of the labor
movement and the automobile and truck industry.
(7) The Department of the Interior is responsible for
protecting and interpreting the Nation's cultural and historic
resources, and there are significant examples of these
resources within Indiana to merit the involvement of the
Federal Government to develop programs and projects in
cooperation with the Hoosier Automobile & Truck National
Heritage Trail Area Partnership, Inc., (an Indiana not-for-
profit corporation), the State of Indiana, and other local and
governmental bodies, to adequately conserve, protect, and
interpret this heritage for the educational and recreational
benefit of this and future generations of Americans.
(8) The Hoosier Automobile & Truck National Heritage Trail
Area Partnership, Inc., would be an appropriate entity to
oversee the development of the Hoosier Automobile & Truck
National Heritage Trail Area.
(9) Multiple museums of regional, national, and
international stature are located within the Hoosier Automobile
& Truck National Heritage Trail Area as follows:
(A) Auburn Cord Duesenberg Museum at Auburn,
Indiana.
(B) National Automotive and Truck Museum of the
United States at Auburn, Indiana.
(C) S. Ray Miller Museum at Elkhart, Indiana.
(D) RV/MH Hall of Fame, Museum, and Library at
Elkhart, Indiana.
(E) Studebaker National Museum at South Bend,
Indiana.
(F) Door Prairie Museum at LaPorte, Indiana.
(G) Indianapolis Motor Speedway Museum at
Indianapolis, Indiana.
(10) Auburn, Indiana, because it is located on Interstate
Highway 69, is the home of the Auburn Cord Duesenberg Museum,
the National Automotive and Truck Museum of the United States,
and the Kruse Auction Park, designates itself as the
``Collector Car Capital of the World'', and is adjacent to the
Michigan Automobile National Heritage Area, is the appropriate
focal point for the Hoosier Automobile & Truck National
Heritage Trail Area.
(11) The natural, cultural, historic, and scenic resources
of the Hoosier Automobile & Truck National Heritage Trail Area
have combined to form a cohesive, nationally distinctive
landscape arising from patterns of human activity, shaped by
geography which has resulted in the Hoosier National Automobile
& Truck National Trail Area being representative of the
national experience through the physical features that remain,
the traditions which have evolved within them, and the
continued use of the Hoosier National Automobile & Truck
National Trail Area by people whose traditions and activities
have helped to shape such landscape.
(b) Purpose.--The purpose of this title is to establish the Hoosier
Automobile & Truck National Heritage Trail Area to--
(1) foster a close working relationship with all levels of
government, the private sector, and the local communities in
Indiana and empower communities in Indiana to conserve their
automotive and truck heritage while strengthening future
economic opportunities; and
(2) conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the Hoosier Automobile &
Truck National Heritage Trail Area.
SEC. 1503. DEFINITIONS.
For purposes of this title:
(1) Board.--The term ``Board'' means the Board of Directors
of the Partnership.
(2) Heritage area.--The term ``Heritage Area'' means the
Hoosier Automobile & Truck National Heritage Trail Area
established by section 1504.
(3) Partnership.--The term ``Partnership'' means the
Hoosier Automobile & Truck National Heritage Trail Area,
Incorporated (a nonprofit corporation established under the
laws of the State of Indiana).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1504. AUTOMOBILE NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State of Indiana
the Hoosier Automobile & Truck National Heritage Trail Area.
(b) Boundaries.--
(1) In general.--Subject to paragraph (2), the boundaries
of the Heritage Area shall include lands in the following
counties in the State of Indiana: Lake, Porter, LaPorte,
Starke, Elkhart, Kosciusko, LaGrange, Steuben, Noble, DeKalb,
Whitley, Allen, Huntington, Wells, Adams, Jay, Clinton, Tipton,
Madison, Delaware, Randolph, Hamilton, Henry, Wayne, Marion,
Hancock, Morgan, Johnson, Shelby, Rush, Fayette, Union, Brown,
Bartholomew, Decatur, Franklin, Jackson, Jennings, Ripley,
Dearborn, Washington, Scott, Jefferson, Ohio, Switzerland,
Clark, Floyd, Harrison, Crawford, Dubois, Perry, Spencer,
Sullivan, Greene, Monroe, Knox, Daviess, Martin, Lawrence,
Orange, Gibson, Pike, Posey, Vanderburgh, and Warrick.
(2) Specific boundaries.--The specific boundaries of the
Heritage Area shall be those specified in the management plan
approved under section 1506.
(3) Map.--The Secretary shall prepare a map of the Heritage
Area which shall be on file and available for public inspection
in the office of the Director of the National Park Service.
(4) Consent of local governments.--The Partnership shall
provide to the government of each city, village, and township
that has jurisdiction over property proposed to be included in
the Heritage Area written notice of that proposal.
(5) Conditions for inclusion of property in heritage
area.--Property may not be included in the Heritage Area if--
(A) the Partnership fails to give notice of the
inclusion in accordance with paragraph (4);
(B) any local government to which the notice is
required to be provided objects to the inclusion, in
writing to the Partnership, by not later than the end
of the period provided pursuant to subparagraph (C); or
(C) fails to provide a period of at least 60 days
for objection under subparagraph (B).
(6) Administration.--The Heritage Area shall be
administered in accordance with this title.
(7) Additions and deletions of lands.--The Secretary may
add or remove lands to or from the Heritage Area in response to
a request from the Partnership.
SEC. 1505. DESIGNATION OF PARTNERSHIP AS MANAGEMENT ENTITY.
(a) In General.--The Partnership shall be the management entity for
the Heritage Area.
(b) Federal Funding.--
(1) Authorization to receive funds.--The Partnership may
receive amounts appropriated to carry out this title.
(2) Disqualification.--If a management plan for the Area is
not submitted to the Secretary as required under section 1506
within the time specified in that section, the Partnership
shall cease to be authorized to receive Federal funding under
this title until such a plan is submitted to the Secretary.
(c) Authorities of Partnership.--The Partnership may, for purposes
of preparing and implementing the management plan for the Heritage
Area, use Federal funds made available under this title--
(1) to make grants and loans to the State of Indiana, its
political subdivisions, nonprofit organizations, and other
persons;
(2) to enter into cooperative agreements with or provide
technical assistance to Federal agencies, the State of Indiana,
its political subdivisions, nonprofit organizations, and other
persons;
(3) to hire and compensate staff;
(4) to obtain money from any source under any program or
law requiring the recipient of such money to make a
contribution in order to receive such money; and
(5) to contract for goods and services.
(d) Prohibition of Acquisition of Real Property.--The Partnership
may not use Federal funds received under this title to acquire real
property or any interest in real property.
SEC. 1506. MANAGEMENT DUTIES OF THE HOOSIER AUTOMOBILE & TRUCK NATIONAL
HERITAGE TRAIL AREA PARTNERSHIP.
(a) Heritage Area Management Plan.--
(1) Submission for review by secretary.--The Board of
Directors of the Partnership shall, within 3 years after the
date of the enactment of this title, develop and submit for
review to the Secretary a management plan for the Heritage
Area.
(2) Plan requirements, generally.--A management plan
submitted under this section shall--
(A) present comprehensive recommendations for the
conservation, funding, management, and development of
the Heritage Area;
(B) be prepared with public participation;
(C) take into consideration existing Federal,
State, county, and local plans and involve residents,
public agencies, and private organizations in the
Heritage Area;
(D) include a description of actions that units of
government and private organizations are recommended to
take to protect the resources of the Heritage Area; and
(E) specify existing and potential sources of
Federal and non-Federal funding for the conservation,
management, and development of the Heritage Area.
(3) Additional plan requirements.--The management plan
shall also include the following, as appropriate:
(A) An inventory of resources contained in the
Heritage Area, including a list of property in the
Heritage Area that should be conserved, restored,
managed, developed, or maintained because of the
natural, cultural, or historic significance of the
property as it relates to the themes of the Heritage
Area. The inventory may not include any property that
is privately owned unless the owner of the property
consents in writing to that inclusion.
(B) A recommendation of policies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including (but not limited to) the development of
intergovernmental cooperative agreements to manage the
historical, cultural, and natural resources and
recreational opportunities of the Heritage Area in a
manner consistent with the support of appropriate and
compatible economic viability.
(C) A program for implementation of the management
plan, including plans for restoration and construction
and a description of any commitments that have been
made by persons interested in management of the
Heritage Area.
(D) An analysis of means by which Federal, State,
and local programs may best be coordinated to promote
the purposes of this title.
(E) An interpretive plan for the Heritage Area.
(4) Approval and disapproval of the management plan.--
(A) In general.--Not later than 60 days after
submission of the Heritage Area management plan by the
Board, the Secretary shall approve or disapprove the
plan. If the Secretary has taken no action after 60
days, the plan shall be considered approved.
(B) Disapproval and revisions.--If the Secretary
disapproves the management plan, the Secretary shall
advise the Board, in writing, of the reasons for the
disapproval and shall make recommendations for revision
of the plan. The Secretary shall approve or disapprove
proposed revisions to the plan not later than 60 days
after receipt of such revisions from the Board. If the
Secretary has taken no action for 60 days after
receipt, the plan and revisions shall be considered
approved.
(b) Priorities.--The Partnership shall give priority to the
implementation of actions, goals, and policies set forth in the
management plan for the Heritage Area, including--
(1) assisting units of government, regional planning
organizations, and nonprofit organizations--
(A) in conserving the Heritage Area;
(B) in establishing and maintaining interpretive
exhibits in the Heritage Area;
(C) in developing recreational opportunities in the
Heritage Area;
(D) in increasing public awareness of and
appreciation for the natural, historical, and cultural
resources of the Heritage Area;
(E) in the restoration of historic buildings that
are located within the boundaries of the Heritage Area
and related to the theme of the Heritage Area; and
(F) in ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area; and
(2) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means.
(c) Consideration of Interests of Local Groups.--The Partnership
shall, in preparing and implementing the management plan for the
Heritage Area, consider the interest of diverse units of government,
businesses, private property owners, and nonprofit groups within the
Heritage Area.
(d) Public Meetings.--The Partnership shall conduct public meetings
at least annually regarding the implementation of the Heritage Area
management plan.
(e) Annual Reports.--The Partnership shall, for any fiscal year in
which it receives Federal funds under this title or in which a loan
made by the Partnership with Federal funds under section 1505(c)(l) is
outstanding, submit an annual report to the Secretary setting forth its
accomplishments, its expenses and income, and the entities to which it
made any loans and grants during the year for which the report is made.
(f) Cooperation With Audits.--The Partnership shall, for any fiscal
year in which it receives Federal funds under this title or in which a
loan made by the Partnership with Federal funds under section
1505(c)(1) is outstanding, make available for audit by the Congress,
the Secretary, and appropriate units of government all records and
other information pertaining to the expenditure of such funds and any
matching funds, and require, for all agreements authorizing expenditure
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and other
information pertaining to the expenditure of such funds.
(g) Delegation.--The Partnership may delegate the responsibilities
and actions under this section for each corridor identified in section
1504(b)(1). All delegated actions are subject to review and approval by
the Partnership.
SEC. 1507. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical Assistance and Grants.--
(1) In general.--The Secretary may provide technical
assistance and, subject to the availability of appropriations,
grants to units of government, nonprofit organizations, and
other persons upon request of the Partnership, and to the
Partnership, regarding the management plan and its
implementation.
(2) Prohibition of certain requirements.--The Secretary may
not, as a condition of the award of technical assistance or
grants under this section, require any recipient of such
technical assistance or a grant to enact or modify land use
restrictions.
(3) Determinations regarding assistance.--The Secretary
shall decide if a person shall be awarded technical assistance
or grants and the amount of that assistance. Such decisions
shall be based on the relative degree to which the Heritage
Area effectively fulfills the objectives contained in the
Heritage Area management plan and achieves the purposes of this
title. Such decisions shall give consideration to projects
which provide a greater leverage of Federal funds.
(b) Provision of Information.--In cooperation with other Federal
agencies, the Secretary shall provide the general public with
information regarding the location and character of the Heritage Area.
(c) Other Assistance.--The Secretary may enter into cooperative
agreements with public and private organizations for the purposes of
implementing this subsection.
(d) Duties of Other Federal Agencies.--Any Federal entity
conducting any activity directly affecting the Heritage Area shall
consider the potential effect of the activity on the Heritage Area
management plan and shall consult with the Partnership with respect to
the activity to minimize the adverse effects of the activity on the
Heritage Area.
SEC. 1508. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.
(a) Lack of Effect on Authority of Local Government.--Nothing in
this title shall be construed to modify, enlarge, or diminish any
authority of Federal, State, or local governments to regulate any use
of land under any other law or regulation.
(b) Lack of Zoning or Land Use Powers.--Nothing in this title shall
be construed to grant powers of zoning or land use control to the
Partnership.
(c) Local Authority and Private Property Not Affected.--Nothing in
this title shall be construed to affect or to authorize the Partnership
to interfere with--
(1) the rights of any person with respect to private
property; or
(2) any local zoning ordinance or land use plan of the
State of Indiana or a political subdivision thereof.
SEC. 1509. SUNSET.
The Secretary may not make any grant or provide any assistance
under this title after September 30, 2015.
SEC. 1510. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Heritage Area under
this title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of the Heritage Area, may not exceed 50 percent
of the total cost of any activity carried out with Federal funds.
Passed the House of Representatives October 31, 2000.
Attest:
JEFF TRANDAHL,
Clerk.