Page:United States Statutes at Large Volume 120.djvu/1837

 120 STAT. 1806

Public information.

PUBLIC LAW 109–338—OCT. 12, 2006

the technical assistance or a grant to enact or modify any land use restriction. (3) DETERMINATIONS REGARDING ASSISTANCE.—The Secretary shall determine whether a unit of government, nonprofit organization, or other person shall be awarded technical assistance or grants and the amount of technical assistance— (A) based on the extent to which the assistance— (i) fulfills the objectives of the management plan; and (ii) achieves the purposes of this subtitle; and (B) after giving special consideration to projects that provide a greater leverage of Federal funds. (b) PROVISION OF INFORMATION.—In cooperation with other Federal agencies, the Secretary shall provide the public with information concerning 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 subtitle. (d) DUTIES OF OTHER FEDERAL AGENCIES.—A Federal entity conducting any activity directly affecting the Heritage Area shall— (1) consider the potential effect of the activity on the management plan; and (2) consult with the local coordinating entity with respect to the activity to minimize the adverse effects of the activity on the Heritage Area. SEC. 258A. 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. 258B. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this title 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 title 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 title 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.

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