§ 35.05 Management plan. 1. For each area designated in subdivision
one of section 35.03 of this article the commissioner shall request
preparation by the appropriate local governmental or heritage area
planning entity of a comprehensive management plan as hereinafter
provided. The commissioner shall fully cooperate and be consulted in
preparation of such plan and shall ensure that relevant private
interests are consulted. Such plan shall be deemed to be the plan for
both state and local government. Each such plan shall be completed and
submitted to the commissioner for his or her approval as provided in
subdivisions three and four of section 35.03 of this article.

2. The commissioner may require the chief executive officer of each
local government with general jurisdiction over all or a portion of a
designated area to identify a local official or local agency to be the
agent for the local government in coordinating the preparation of the
management plan and to appoint a local heritage area advisory committee
representative of local civic, commercial, historic preservation,
educational, recreational and conservation interests to advise the
commissioner and local government during preparation of the management
plan. At least one public hearing on a draft management plan shall be
held in each designated area.

3. The local legislative body of each city, town or village within a
designated area except that for the area designated pursuant to
paragraphs (h), (o) and (q) of subdivision one of section 35.03 of this
article the legislative body of each county included in whole or in part
within the area must approve the management plan before it is submitted
to the commissioner for its approval. Each such plan shall be completed
and submitted to the required local legislative bodies for approval and
to the commissioner within forty-five days of the local approval.

4. Management plans shall be the fundamental document defining the
goals and boundaries for each state designated heritage area, and the
means for the area's implementation and management. A management plan
shall include, but need not be limited to:

(a) The boundaries of the heritage area set forth in text and depicted
on a map. Areas or zones within the heritage area shall be identified
for particular nature and intensity of use including those zones most
appropriately devoted to public use and development by state or local
government and private use. Boundaries shall be located as deemed
necessary or desirable for the purposes of resource protection, scenic
integrity, and management and administration in furtherance of the
purposes of this title and the estimated cost thereof;

(b) An inventory and designation of the natural and cultural resources
within the heritage area;

(c) Statement of the goals and objectives of the heritage area;

(d) Identification of the types of uses, both public and private, to
be accommodated and their linkages to the overall statewide system;

(e) Identification of properties, if any, to be acquired;

(f) Description of the interpretive and educational exhibits and
programs to be undertaken;

(g) Description of the program for encouraging and accommodating
visitation to the heritage area;

(h) An economic assessment of the long and short term costs and
benefits related to the establishment, operation and maintenance of the
heritage area, including comprehensive estimate of the costs of
implementing the management plan identified by source of funding and
specifically delineating expected state, local, federal and private
contributions;

(i) Description of the techniques or means for the preservation and
protection of the natural and cultural resources within the heritage
area including the means such as appropriate local legislation for
designation and protection of historic properties or natural areas to
assure that future local actions will be consistent with established and
agreed upon preservation standards or criteria;

(j) Description of the organizational structure to be utilized for
planning, development and management of the heritage area, including the
responsibilities and interrelationships of local, regional and state
agencies in the management process and a program to provide maximum
feasible private participation in the implementation of the management
plan. Such organizational structures may include but not be limited to
utilization of existing state and local agencies for administrative and
finance purposes through contracts and letters of agreement between
state and local agencies or, where necessary, proposed legislation for
new entities to administer and finance implementation of a management
plan; and

(k) A schedule for the planning, development and management of the
heritage area.

5. Each management plan must demonstrate that the capability exists at
the local level to implement and manage the heritage area including, but
not limited to, the ability to:

(a) Accept and disburse funds;

(b) Acquire, improve, and dispose of property;

(c) Manage, operate, and maintain appropriate heritage area facilities
identified as being of local responsibility without state financial
assistance; and

(d) Promulgate and enforce land use and preservation criteria and
standards as required to protect the resources within each heritage
area.

5-a. The management plan for the heritage area established by
paragraph (s) of subdivision one of section 35.03 of this article shall
authorize state agencies and the county of Chautauqua to collaborate and
cooperate with governmental entities in the state of Pennsylvania with
regard to the stewardship and development of the grape wine and juice
industries within such state and the heritage area established by such
paragraph. The collaboration and cooperation authorized by this
submission shall include, but not be limited to, joint project planning
and grant funding.

6. Selected individual requirements or portions thereof for the
management plan submissions may be waived by the commissioner provided
that prior submissions to the office during a previous planning process
are judged to provide sufficient data to fulfill the purpose of the
management plan, except that in no case shall the requirements of
paragraph (h) of subdivision four or of subdivision five of this section
be waived.

7. The commissioner shall review and approve acceptable management
plans for state designated heritage areas, and proposed changes or
amendments to a previously approved management plan. Such approval shall
be based upon the plan's consistency with the policy and goals of this
title generally and particularly to its attainment of resource
protection and the provision of educational, recreational, preservation,
economic and cultural benefits for the public at large. The commissioner
shall tender in writing such approval or a denial of approval with
written reasons therefor within ninety days after receipt of the locally
approved management plan or change or amendment thereto. If there has
been a denial of approval, a revised management plan, change or
amendment may be submitted to the commissioner.

8. Approval of the management plan by the commissioner shall:

(a) Establish eligibility for the receipt of acquisition, development
and programming assistance from the state within the defined heritage
area boundaries;

(b) Establish those properties defined in the management plan as
significant for consideration for eligibility for the state register of
historic places; and

(c) Require, for continuance in the program, appropriate local action
to protect and safeguard the defined resources in the heritage area.

9. The commissioner may, after holding a public hearing in the state
designated heritage area subject to review, withdraw approval of a
management plan where he or she finds that the local government with
immediate general jurisdiction over all or a portion of such heritage
area has taken actions which have had a significant adverse impact upon
heritage area resources or has generally failed to implement its role
under a management plan. When approval has been withdrawn, the heritage
area shall no longer be deemed to be state designated. The commissioner
shall report such withdrawal of approval to the governor and the
legislature stating the reasons for such action.