Page:United States Statutes at Large Volume 120.djvu/1831

 120 STAT. 1800

PUBLIC LAW 109–338—OCT. 12, 2006

SEC. 241. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

(a)

NOTIFICATION AND CONSENT OF PROPERTY OWNERS REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been notified in writing by the management entity and has given written consent for such preservation, conservation, or promotion to the management entity. (b) LANDOWNER WITHDRAW.—Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity. SEC. 242. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle shall be construed to— (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify 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 be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.— Nothing in this subtitle shall be construed to modify the authority of Federal, State, or local governments to regulate land use. (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE AREA.—Nothing in this subtitle shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. (e) EFFECT OF ESTABLISHMENT.—The boundaries designated for the Heritage Area represent the area within which Federal funds appropriated for the purpose of this subtitle may be expended. The establishment of the Heritage Area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity. Mormon Pioneer National Heritage Area Act. Utah. 16 USC 461 note.

Subtitle D—Mormon Pioneer National Heritage Area SEC. 251. SHORT TITLE.

This subtitle may be cited as the ‘‘Mormon Pioneer National Heritage Area Act’’. SEC. 252. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds that— (1) the historical, cultural, and natural heritage legacies of Mormon colonization and settlement are nationally significant; (2) in the area starting along the Highway 89 corridor at the Arizona border, passing through Kane, Garfield, Piute, Sevier, Wayne, and Sanpete Counties in the State of Utah,

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