Text: S.1721 — 109th Congress (2005-2006)All Information (Except Text)

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Introduced in Senate (09/19/2005)

 
[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>

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