Blue Ridge 16 USC 461 note. shall be based on recognized best practices for environmental sustainability and shall be reviewed periodically and revised as necessary. Development of the tract shall be limited to a road and utility corridor, an educational campus, and the infrastructure necessary to support such development. No new structures shall be constructed on the part of the Ravensford tract depicted as the "No New Construction" area on the map referred to in subsection (c)(3), which is generally the area north of the point where Big Cove Road crosses the Raven Fork River. All development on the Ravensford tract shall be conducted in a manner consistent with this section and such development standards. (e) GAMING PROHIBITION.-Gaming as defined and regulated by the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall be prohibited on the Ravensford tract. SEC. 139. Notwithstanding any implementation of the Department of the Interior's trust reorganization plan within fiscal years 2003 or 2004, funds appropriated for fiscal year 2004 shall be available to the tribes within the California Tribal Trust Reform Consortium and to the Salt River Pima Maricopa Indian Community, the Confederated Salish-Kootenai Tribes of the Flathead Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation on the same basis as funds were distributed in fiscal year 2003. This Demonstration Project shall operate separate and apart from the Department of the Interior's trust reform reorganization, and the Department shall not impose its trust management infrastructure upon or alter the existing trust resource management systems of the above referenced tribes having a self-governance compact and operating in accordance with the Tribal Self-Governance Program set forth in 25 U.S.C. Sections 458aa-458hh: Provided, That the California Trust Reform Consortium and any other participating tribe agree to carry out their responsibilites under the same fiduciary standards as those to which the Secretary of the Interior is held: Provided further, That they demonstrate to the satisfaction of the Secretary that they have the capability to do so. SEC. 140. (a) SHORT TITLE.-This section may be cited as the "Blue Ridge National Heritage Area Act of 2003". (b) FINDINGS AND PURPOSE. (1) FINDINGS.-Congress finds that: (A) The Blue Ridge Mountains and the extensive cultural and natural resources of the Blue Ridge Mountains have played a significant role in the history of the United States and the State of North Carolina. (B) Archaeological evidence indicates that the Blue Ridge Mountains have been inhabited by humans since the last retreat of the glaciers, with the Native Americans living in the area at the time of European discovery being primarily of Cherokee descent. (C) The Blue Ridge Mountains of western North Carolina, including the Great Smoky Mountains, played a unique and significant role in the establishment and development of the culture of the United States through several distinct legacies, including (i) the craft heritage that (I) was first influenced by the Cherokee Indians; (II) was the origin of the traditional craft movement starting in 1900 and the contemporary craft movement starting in the 1940's; and (III) is carried out by over 4,000 craftspeople in the Blue Ridge Mountains of western North Carolina, the third largest concentration of such people in the United States; (ii) a musical heritage comprised of distinctive instrumental and vocal traditions that (I) includes stringband music, bluegrass, ballad singing, blues, and sacred music; (II) has received national recognition; and (III) has made the region one of the richest repositories of traditional music and folklife in the United States; (iii) the Cherokee heritage (I) dating back thousands of years; and (II) offering (aa) nationally significant cultural traditions practiced by the Eastern Band of Cherokee Indians; (bb) authentic tradition bearers; (cc) historic sites; and (dd) historically important collections of Cherokee artifacts; and (iv) the agricultural heritage established by the Cherokee Indians, including medicinal and ceremonial food crops, combined with the historic European patterns of raising livestock, culminating in the largest number of specialty crop farms in North Carolina. (D) The artifacts and structures associated with those legacies are unusually well-preserved. (E) The Blue Ridge Mountains are recognized as having one of the richest collections of historical resources in North America. (F) The history and cultural heritage of the Blue Ridge Mountains are shared with the States of Virginia, Tennessee, and Georgia. (G) there are significant cultural, economic, and educational benefits in celebrating and promoting this mutual heritage. (H) according to the 2002 reports entitled "The Blue Ridge Heritage and Cultural Partnership" and "Western North Carolina National Heritage Area Feasibility Study and Plan", the Blue Ridge Mountains contain numerous resources that are of outstanding importance to the history of the United States. (I) it is in the interest of the United States to preserve and interpret the cultural and historical resources of the Blue Ridge Mountains for the education and benefit of present and future generations. (2) PURPOSE.-The purpose of this section is to foster a close working relationship with, and to assist, all levels of government, the private sector, and local communities in the State in managing, preserving, protecting, and interpreting the cultural, historical, and natural resources of the Heritage Area while continuing to develop economic opportunities. Deadline. (c) DEFINITIONS.— (1) In this section: (A) HERITAGE AREA. The term "Heritage Area” means the Blue Ridge National Heritage Area established by subsection (d). (B) MANAGEMENT ENTITY.-The term "management entity" means the management entity for the Heritage Area designated by subsection (d)(3). (C) MANAGEMENT PLAN.-The term "management plan" means the management plan for the Heritage Area approved under subsection (e). (D) SECRETARY.-The term "Secretary" means the Secretary of the Interior. (E) STATE. The term "State" means the State of North Carolina. (d) BLUE RIDGE NATIONAL HERITAGE AREA.— (1) ESTABLISHMENT.-There is established the Blue Ridge National Heritage Area in the State. (2) BOUNDARIES.-The Heritage Area shall consist of the counties of Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey in the State. (3) MANAGEMENT ENTITY.— (A) IN GENERAL.-As a condition of the receipt of funds made available under subsection (i), the Blue Ridge National Heritage Area Partnership shall be the management entity for the Heritage Area. (B) BOARD OF DIRECTORS. (i) COMPOSITION.-The management entity shall be governed by a board of directors composed of nine members, of whom (I) two members shall be appointed by Advantage West; (II) two members shall be appointed by HandMade In America, Inc.; (III) one member shall be appointed by the Education Research Consortium of Western North Carolina; (IV) one member shall be appointed by the Eastern Band of the Cherokee Indians; and (V) three members shall be appointed by the Governor of North Carolina and shall— (aa) reside in geographically diverse regions of the Heritage Area; (bb) be a representative of State or local governments or the private sector; and (cc) have knowledge of tourism, economic and community development, regional planning, historic preservation, cultural or natural resources development, regional planning, conservation, recreational services, education, or museum services. (e) MANAGEMENT PLAN. (1) IN GENERAL.-Not later than 3 years after the date of enactment of this section, the management entity shall submit to the Secretary for approval a management plan for the Heritage Area. (2) CONSIDERATION OF OTHER PLANS AND ACTIONS.-In developing the management plan, the management entity shall (A) for the purpose of presenting a unified preservation and interpretation plan, take into consideration Federal, State, and local plans; and (B) provide for the participation of residents, public agencies, and private organizations in the Heritage Area. (3) CONTENTS.-The management plan shall (A) present comprehensive recommendations and strategies for the conservation, funding, management, and development of the Heritage Area; (B) identify existing and potential sources of Federal and non-Federal funding for the conservation, management, and development of the Heritage Area; and (C) include (i) an inventory of the cultural, historical, natural, and recreational resources of the Heritage Area, including a list of property that— (I) relates to the purposes of the Heritage Area; and (II) should be conserved, restored, managed, developed, or maintained because of the significance of the property; (ii) a program of strategies and actions for the implementation of the management plan that identifies the roles of agencies and organizations that are involved in the implementation of the management plan; (iii) an interpretive and educational plan for the Heritage Area; (iv) a recommendation of policies for resource management and protection that develop intergovernmental cooperative agreements to manage and protect the cultural, historical, natural, and recreational resources of the Heritage Area; and (v) an analysis of ways in which Federal, State, and local programs may best be coordinated to promote the purposes of this section. (4) EFFECT OF FAILURE TO SUBMIT.—If a management plan is not submitted to the Secretary by the date described in paragraph (1), the Secretary shall not provide any additional funding under this section until a management plan is submitted to the Secretary. (5) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN. (A) IN GENERAL.-Not later than 90 days after receiving Deadline. the management plan submitted under paragraph (1), the Secretary shall approve or disapprove the management plan. (B) CRITERIA.-In determining whether to approve the management plan, the Secretary shall consider whether the management plan (i) has strong local support from landowners, business interests, nonprofit organizations, and governments in the Heritage Area; and (ii) has a high potential for effective partnership mechanisms. (C) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a management plan under subparagraph (A), 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. (D) DEADLINE FOR APPROVAL OF REVISION.-Not later than 60 days after the date on which a revision is submitted under subparagraph (C)(iii), the Secretary shall approve or disapprove the proposed revision. (6) AMENDMENT OF APPROVED MANAGEMENT PLAN. (A) IN GENERAL.-After approval by the Secretary of a management plan, the management entity shall periodically (i) review the management plan; and (ii) submit to the Secretary, for review and approval, the recommendation of the management entity for any amendments to the management plan. (B) USE OF FUNDS.-No funds made available under subsection (i) shall be used to implement any amendment proposed by the management entity under subparagraph (A) until the Secretary approves the amendment. (f) AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.— (1) AUTHORITIES.-For the purposes of developing and implementing the management plan, the management entity may use funds made available under subsection (i) to (A) make grants to, and enter into cooperative agreements with, the State (including a political subdivision), nonprofit organizations, or persons; (B) hire and compensate staff; and (C) enter into contracts for goods and services. (2) DUTIES. In addition to developing the management plan, the management entity shall (A) develop and implement the management plan while considering the interests of diverse units of government, businesses, private property owners, and nonprofit groups in the Heritage Area; (B) conduct public meetings in the Heritage Area at least semiannually on the development and implementation of the management plan; (C) give priority to the implementation of actions, goals, and strategies in the management plan, including providing assistance to units of government, nonprofit organizations, and persons in— (i) carrying out the programs that protect resources in the Heritage Area; (ii) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (iii) establishing and maintaining interpretive exhibits in the Heritage Area; |