Page:United States Statutes at Large Volume 120.djvu/1859

 120 STAT. 1828

Deadline.

Recommendations. Deadline.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

PUBLIC LAW 109–338—OCT. 12, 2006

(2) presents clear and comprehensive recommendations for the conservation, funding, management, and development of the Heritage Route. (b) CONSIDERATIONS.—In developing the management plan, the local coordinating entity shall— (1) provide for the participation of local residents, public agencies, and private organizations located within the counties of Millard County, Utah, White Pine County, Nevada, and the Duckwater Shoshone Reservation in the protection and development of resources of the Heritage Route, taking into consideration State, tribal, county, and local land use plans in existence on the date of enactment of this Act; (2) identify sources of funding; (3) include— (A) a program for implementation of the management plan by the local coordinating entity, including— (i) plans for restoration, stabilization, rehabilitation, and construction of public or tribal property; and (ii) specific commitments by the identified partners referred to in section 291D(b)(4) for the first 5 years of operation; and (B) an interpretation plan for the Heritage Route; and (4) develop a management plan that will not infringe on private property rights without the consent of the owner of the private property. (c) FAILURE TO SUBMIT.—If the local coordinating entity fails to submit a management plan to the Secretary in accordance with subsection (a), the Heritage Route shall no longer qualify for Federal funding. (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLAN.— (1) IN GENERAL.—Not later than 90 days after receipt of a management plan under subsection (a), the Secretary, in consultation with the Governors of the States of Nevada and Utah, shall approve or disapprove the management plan. (2) CRITERIA.—In determining whether to approve a management plan, the Secretary shall consider whether the management plan— (A) has strong local support from a diversity of landowners, business interests, nonprofit organizations, and governments associated with the Heritage Route; (B) is consistent with and complements continued economic activity along the Heritage Route; (C) has a high potential for effective partnership mechanisms; (D) avoids infringing on private property rights; and (E) provides methods to take appropriate action to ensure that private property rights are observed. (3) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a management plan under paragraph (1), the Secretary shall— (A) advise the local coordinating entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 90 days after the receipt of any proposed revision of the management plan from the local

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