Private Property and Regulatory Protections
[Pub. L. 117–339, § 2(b)(1)], Jan. 5, 2023, [136 Stat. 6162], provided that:“(1)
In general.—
Nothing in this section [enacting this chapter, amending provisions listed in a table of National Heritage and River Corridors, a table of National Heritage Areas, and a table of National Heritage Canalways set out under
section 120102 of this title, and repealing provisions set out as a note under
section 120102 of this title] (including an amendment made by this section)—
“(A)
abridges any right of a public or private property owner, including the right to refrain from participating in any plan, project, program, or activity conducted within a National Heritage Area;
“(B)
requires any property owner to permit public access (including Federal, State, Tribal government, or local government access) to a property;
“(C)
modifies any provision of Federal, State, Tribal, or local law with respect to public access or use of private land;
“(D)
(i)
alters any applicable land use regulation, land use plan, or other regulatory authority of any Federal, State, or local agency or Tribal government; or
“(ii)
conveys to any local coordinating entity any land use or other regulatory authority;
“(E)
authorizes or implies the reservation or appropriation of water or water rights;
“(F)
diminishes the authority of a State to manage fish and wildlife, including through the regulation of fishing and hunting within a National Heritage Area in the State; or
“(G)
creates or affects any liability—
“(i)
under any other provision of law; or
“(ii)
of any private property owner with respect to any person injured on private property.”