MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA.

SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA.(a) Purposes.—The purposes of this section are—(1) to preserve, support, conserve, and interpret the legacy of the region represented by the Heritage Area as described in the feasibility study prepared by the National Park Service;(2) to promote heritage, cultural, and recreational tourism, and to develop educational and cultural programs for visitors and the general public;(3) to recognize and interpret important events and geographic locations representing key developments in the growth of the United States, including the Native American, Colonial American, European American, and African American heritage;(4) to recognize and interpret the manner by which the distinctive geography of the region has shaped the development of the settlement, defense, transportation, commerce, and culture of the region;(5) to provide a cooperative management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the region to identify, preserve, interpret, and develop the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; and123 STAT. 1276(6) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the Heritage Area.(b) Definitions.—In this section:(1) Heritage area.—The term “Heritage Area” means the Muscle Shoals National Heritage Area established by subsection (c)(1).(2) Local coordinating entity.—The term “local coordinating entity” means the Muscle Shoals Regional Center, the local coordinating entity for the Heritage Area designated by subsection (c)(4).(3) Management plan.—The term “management plan” means the plan for the Heritage Area required under subsection (d)(1)(A).(4) Map.—The term “map” means the map entitled “Muscle Shoals National Heritage Area”, numbered T08/80,000, and dated October 2007.(5) State.—The term “State” means the State of Alabama.(c) Establishment.—(1) In general.—There is established the Muscle Shoals National Heritage Area in the State.(2) Boundaries.—The Heritage Area shall be comprised of the following areas, as depicted on the map:(A) The Counties of Colbert, Franklin, Lauderdale, Lawrence, Limestone, and Morgan, Alabama.(B) The Wilson Dam.(C) The Handy Home.(D) The birthplace of Helen Keller.(3) Availability map.—The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the local coordinating entity.(4) Local coordinating entity.—The Muscle Shoals Regional Center shall be the local coordinating entity for the Heritage Area.(d) Duties and Authorities of Local Coordinating Entity.—(1) Duties of the local coordinating entity.—To further the purposes of the Heritage Area, the local coordinating entity shall—(A) prepare, and submit to the Secretary, in accordance with subsection (e), a management plan for the Heritage Area;(B) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section specifying—(i) the accomplishments of the local coordinating entity;(ii) the expenses and income of the local coordinating entity;(iii) the amounts and sources of matching funds;(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; and(v) grants made to any other entities during the fiscal year;(C) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds 123 STAT. 1277 under this section, all information pertaining to the expenditure of the funds and any matching funds;(D) encourage, by appropriate means, economic development that is consistent with the purposes of the Heritage Area; and(E) serve as a catalyst for the implementation of projects and programs among diverse partners in the Heritage Area.(2) Authorities.—The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this section to—(A) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;(B) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;(C) hire and compensate staff, including individuals with expertise in—(i) natural, historical, cultural, educational, scenic, and recreational resource conservation;(ii) economic and community development; and(iii) heritage planning;(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program;(E) contract for goods or services; and(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.(3) Prohibition on acquisition of real property.—The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.(e) Management Plan.—(1) In general.—Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.(2) Requirements.—The management plan for the Heritage Area shall—(A) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;(B) include a description of actions and commitments that Federal, State, tribal, and local governments, private organizations, and citizens plan to take to protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;(C) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;123 STAT. 1278(D) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the stories and themes of the Heritage Area that should be protected, enhanced, interpreted, managed, funded, or developed;(E) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;(F) describe a program for implementation of the management plan, including—(i) performance goals;(ii) plans for resource protection, enhancement, interpretation, funding, management, and development; and(iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government agency, organization, business, or individual;(G) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section; and(H) include a business plan that—(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; and(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.(3) Termination of funding.—If the management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to develop the management plan, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.(4) Approval of management plan.—(A) Review.—Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.(B) Consultation required.—The Secretary shall consult with the Governor of the State in which the Heritage Area is located before approving the management plan.(C) Criteria for approval.—In determining whether to approve the management plan, the Secretary shall consider whether—(i) the local coordinating entity represents the diverse interests of the Heritage Area, including Federal, State, tribal, and local governments, natural and 123 STAT. 1279 historic resource protection organizations, educational institutions, businesses, community residents, recreational organizations, and private property owners;(ii) the local coordinating entity—(I) has afforded adequate opportunity for public and Federal, State, tribal, and local governmental involvement (including through workshops and public meetings) in the preparation of the management plan; and(II) provides for at least semiannual public meetings to ensure adequate implementation of the management plan;(iii) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, scenic, and recreational resources of the Heritage Area;(iv) the management plan would not adversely affect any activities authorized on Federal land under applicable laws or land use plans;(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan;(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan; and(vii) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, tribal, and local governments, regional planning organizations, nonprofit organizations, and private sector parties for implementation of the management plan.(D) Disapproval.—(i) In general.—If the Secretary disapproves the management plan, the Secretary—(I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and(II) may make recommendations to the local coordinating entity for revisions to the management plan.(ii) Deadline.—Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.(E) Amendments.—(i) In general.—An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.(ii) Implementation.—The local coordinating entity shall not use Federal funds authorized by this 123 STAT. 1280 section to implement an amendment to the management plan until the Secretary approves the amendment.(F) Authorities.—The Secretary may—(i) provide technical assistance under the authority of this section for the development and implementation of the management plan; and(ii) enter into cooperative agreements with interested parties to carry out this section.(f) Duties and Authorities of the Secretary.—(1) Technical and financial assistance.—(A) In general.—On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.(B) Cooperative agreements.—The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).(2) Evaluation; report.—(A) In general.—Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (j), the Secretary shall—(i) conduct an evaluation of the accomplishments of the Heritage Area; and(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).(B) Evaluation.—An evaluation conducted under subparagraph (A)(i) shall—(i) assess the progress of the local coordinating entity with respect to—(I) accomplishing the purposes of this section for the Heritage Area; and(II) achieving the goals and objectives of the approved management plan for the Heritage Area;(ii) analyze the Federal, State, tribal, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.(C) Report.—(i) In general.—Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.(ii) Required analysis.—If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—123 STAT. 1281(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and(II) the appropriate time period necessary to achieve the recommended reduction or elimination.(iii) Submission to congress.—On completion of a report under this subparagraph, the Secretary shall submit the report to—(I) the Committee on Energy and Natural Resources of the Senate; and(II) the Committee on Natural Resources of the House of Representatives.(g) Relationship to Other Federal Agencies.—(1) In general.—Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.(2) Consultation and coordination.—To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.(3) Other federal agencies.—Nothing in this section—(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.(h) Property Owners and Regulatory Protections.—Nothing in this section—(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;(2) requires any property owner to—(A) permit public access (including Federal, tribal, State, or local government access) to the property; or(B) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;(3) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;(4) conveys any land use or other regulatory authority to the local coordinating entity;(5) authorizes or implies the reservation or appropriation of water or water rights;(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.(i) Authorization of Appropriations.—123 STAT. 1282(1) In general.—There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.(2) Availability.—Funds made available under paragraph (1) shall remain available until expended.(3) Cost-sharing requirement.—(A) In general.—The Federal share of the total cost of any activity under this section shall be not more than 50 percent.(B) Form.—The non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.(4) Use of federal funds from other sources.—Nothing in this section precludes the local coordinating entity from using Federal funds available under provisions of law other than this section for the purposes for which those funds were authorized.(j) Termination of Effectiveness.—The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.