S. 812 (104th): South Carolina National Heritage Corridor Act of 1995

104th Congress, 1995–1996. Text as of May 17, 1995 (Introduced).

Status & Summary | PDF | Source: GPO

S 812 IS

104th CONGRESS

1st Session

S. 812

To establish the South Carolina National Heritage Corridor, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 17 (legislative day, MAY 15), 1995

Mr. THURMOND introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To establish the South Carolina National Heritage Corridor, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘South Carolina National Heritage Corridor Act of 1995’.

SEC. 2. FINDINGS AND PURPOSE.

    (a) FINDINGS- Congress finds that--

      (1) the South Carolina National Heritage Corridor, more than 250 miles in length, possesses a wide diversity of significant rare plants, animals, and ecosystems, agricultural and timber lands, shellfish harvesting areas, historic sites and structures, and cultural and multicultural landscapes related to the past and current commerce, transportation, maritime, textile, agricultural, mining, cattle, pottery, and national defense industries of the region, which provide significant ecological, natural, tourism, recreational, timber management, educational, and economic benefits;

      (2) there is a national interest in protecting, conserving, restoring, promoting, and interpreting the benefits of the Corridor for the residents of, and visitors to, the Corridor area;

      (3) a primary responsibility for conserving, preserving, protecting, and promoting the benefits resides with the State of South Carolina and the units of local government having jurisdiction over the Corridor area; and

      (4) in view of the longstanding Federal practice of assisting States in creating, protecting, conserving, preserving, and interpreting areas of significant natural and cultural importance, and in view of the national significance of the Corridor, the Federal Government has an interest in assisting the State of South Carolina, the units of local government of the State, and the private sector in fulfilling the responsibilities described in paragraph (3).

    (b) PURPOSES- The purposes of this Act are--

      (1) to protect, preserve, conserve, restore, promote, and interpret the significant land and water resource values and functions of the Corridor;

      (2) to encourage and support, through financial and technical assistance, the State of South Carolina, the units of local government of the State, and the private sector in the development of a management action plan for the Corridor to ensure coordinated public and private action in the Corridor area in a manner consistent with subsection (a);

      (3) to provide, during the development of an integrated Corridor Management Action Plan, Federal financial and technical assistance for the protection, preservation, and conservation of land and water areas in the Corridor that are in danger of being adversely affected or destroyed;

      (4) to encourage and assist the State of South Carolina and the units of local government of the State to identify the full range of public and private technical and financial assistance programs and services available to implement the Corridor Management Action Plan;

      (5) to encourage adequate coordination of all government programs affecting the land and water resources of the Corridor; and

      (6) to develop a management framework with the State of South Carolina and the units of local government of the State for--

        (A) planning and implementing the Corridor Management Action Plan; and

        (B) developing policies and programs that will preserve, conserve, protect, restore, enhance, and interpret the cultural, historical, natural, economic, recreational, and scenic resources of the Corridor.

SEC. 3. DEFINITIONS.

    In this Act:

      (1) COMMISSION- The term ‘Commission’ means the South Carolina National Heritage Corridor Commission established by section 5.

      (2) CORRIDOR- The term ‘Corridor’ means the South Carolina National Heritage Corridor established by section 4.

      (3) CORRIDOR MANAGEMENT ACTION PLAN- The term ‘Corridor Management Action Plan’ means the management action plan developed under section 7.

      (4) GOVERNOR- The term ‘Governor’ means the Governor of the State of South Carolina.

      (5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

SEC. 4. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR.

    (a) ESTABLISHMENT- There is established in the State of South Carolina the South Carolina National Heritage Corridor.

    (b) BOUNDARIES-

      (1) IN GENERAL- The boundaries of the Corridor are generally the boundaries of the western counties of the State of South Carolina, extending from the western Piedmont along the Savannah Valley to Augusta, Georgia, along the route of the old Southern Railroad, along the Ashley River to Charleston.

      (2) INCLUDED COUNTIES- The Corridor shall consist of the following counties of South Carolina, in part or in whole, as the Commission may specify on the recommendations of the units of local government within the Corridor area:

        (A) Oconee.

        (B) Pickens.

        (C) Anderson.

        (D) Abbeville.

        (E) Greenwood.

        (F) McCormick.

        (G) Edgefield.

        (H) Aiken.

        (I) Barnwell.

        (J) Orangeburg.

        (K) Bamberg.

        (L) Dorchester.

        (M) Colleton.

        (N) Charleston.

      (3) DETAIL- The boundaries shall be specified in detail in the Corridor Management Action Plan.

SEC. 5. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR COMMISSION.

    (a) ESTABLISHMENT-

      (1) IN GENERAL- There is established the South Carolina National Heritage Corridor Commission.

      (2) RESPONSIBILITIES- The Commission shall assist Federal, State, and local authorities and the private sector in developing and implementing the Corrridor Management Action Plan.

    (b) MEMBERSHIP- The Commission shall be composed of 23 members, appointed by the Secretary as follows:

      (1) One member shall be the Director of the National Park Service, or a delegate of the Director, who shall be a nonvoting member.

      (2) Six members shall be appointed from among recommendations submitted by the Governor, as follows:

        (A) One member shall represent the interests of the South Carolina Department of Parks, Recreation, and Tourism or a successor agency to the department.

        (B) One member shall represent the South Carolina Department of Natural Resources or a successor agency to the department.

        (C) One member shall represent the South Carolina Arts Commission or a successor agency of the commission.

        (D) One member shall represent the South Carolina Museum Commission or a successor agency to the commission.

        (E) One member shall represent the South Carolina State Historic Preservation Office or a successor agency to the office.

        (F) One member shall represent the South Carolina Department of Commerce or a successor agency to the department.

      (3) Fourteen members shall be appointed from among recommendations submitted by the county commissioners, of which 1 member shall be appointed from each of the counties of Oconee, Pickens, Anderson, Abbeville, Greenwood, McCormick, Edgefield, Aiken, Barnwell, Orangeburg, Bamberg, Dorchester, Colleton, and Charleston of the State of South Carolina. The recommendations submitted by each county shall be based on recommendations from community visitor councils located within the county.

      (4) One member with knowledge and experience in the field of historic preservation shall be appointed from among recommendations submitted by the Director of the National Park Service.

      (5) One member shall be appointed from among recommendations submitted by the South Carolina Downtown Development Association.

    (c) PERIOD OF APPOINTMENT-

      (1) IN GENERAL- Except as provided in paragraph (2), each member of the Commission shall be appointed to serve a term of 3 years and, on expiration of a term, may be reappointed to serve for 1 or more additional terms.

      (2) LIMITED APPOINTMENTS- The members appointed under subsection (b) (2), (4), and (5) shall be appointed to serve a term of 2 years and, on expiration of a term, may be reappointed to serve for 1 or more additional terms.

    (d) INITIAL APPOINTMENTS- The Secretary shall appoint the initial members of the Commission not later than 180 days after the date of enactment of this Act.

    (e) VACANCIES- A vacancy in the Commission shall be filled in the manner in which the initial appointment was made. A member of the Commission appointed to fill a vacancy shall serve for the remainder of the term for which the initial member was appointed. A member of the Commission appointed for a definite term may serve after the expiration of the term until a successor is appointed.

    (f) CHAIRPERSON- The members of the Commission shall elect a Chairperson from among the members of the Commission. The Chairperson shall serve as Chairperson for the duration of the term for which the Chairperson was appointed.

    (g) QUORUM- A simple majority of Commission members shall constitute a quorum, but a lesser number may hold meetings. The affirmative vote of not less than 11 members of the Commission shall be required to approve the budget of the Commission.

    (h) MEETINGS- The Commission shall meet at least quarterly or at the call of the Chairperson or a majority of its members. Meetings of the Commission shall be subject to section 552b of title 5, United States Code.

    (i) PERSONNEL MATTERS-

      (1) COMPENSATION OF MEMBERS- Each member of the Commission who is not an officer or employee of the Federal Government shall serve without compensation. Each member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to compensation received for service as an officer or employee of the Federal Government.

      (2) TRAVEL EXPENSES- The members of the Commission, when engaged in Commission business, shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently in the Government service under section 5703 of title 5, United States Code.

    (j) STAFF-

      (1) IN GENERAL- The Commission may, without regard to civil service laws (including regulations), appoint and fix the compensation of such staff members as are necessary to enable the Commission to carry out its duties. The Commission may appoint a Director and other officers as the Commission considers necessary or appropriate. The Commission may appoint to the staff such specialists as the Commission considers necessary or appropriate to carry out the duties of the Commission, including specialists in the areas of planning, community development, interpretive services, historic preservation, recreation, natural resources, commerce and industry, education, financing, and public relations.

      (2) COMPENSATION- The Commission may fix the compensation of the Director and other staff members without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that no staff member may receive pay in excess of the annual rate payable for grade level GS-15 of the General Schedule.

    (k) EXPERTS AND CONSULTANTS- Subject to such rules as the Commission may adopt, the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates determined by the Commission to be reasonable.

    (l) DETAIL OF GOVERNMENT EMPLOYEES- On request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission. The Commission may accept the services of personnel detailed from the State of South Carolina, or any political subdivision of the State, and may reimburse the State or political subdivision for the services.

    (m) ADMINISTRATIVE SUPPORT- The Administrator of General Services shall provide such administrative support services as the Commission may request, on a reimbursable basis.

SEC. 6. POWERS OF THE COMMISSION.

    (a) PUBLIC MEETINGS- The Commission may, for the purpose of carrying out this Act, hold such public meetings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. The Commission may not issue subpoenas or exercise subpoena authority.

    (b) BYLAWS- The Commission may make such bylaws, rules, and regulations, consistent with this Act, as the Commission considers necessary to carry out its functions under this Act.

    (c) POWERS OF MEMBERS AND AGENTS- Any member or agent of the Commission, if authorized by the Commission, may take any action that the Commission is authorized to take under this section.

    (d) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

    (e) USE OF FUNDS TO OBTAIN MONEY- The Commission may use its funds to obtain money from any source under any program or law requiring the recipient of the money to make a contribution in order to receive the money.

    (f) RETENTION OF REVENUES- The Commission may retain revenue from the sale or lease of any goods or services.

    (g) GIFTS- Notwithstanding any other law, the Commission may seek and accept gifts, bequests, and donations of funds, property, or services from private individuals, foundations, corporations, and other private entities, and from public entities for the purpose of carrying out its duties. For purposes of section 170(c) of the Internal Revenue Code of 1986, any donation to the Commission shall be considered to be a gift to the United States.

    (h) ACQUISITION AND DISPOSITION OF REAL PROPERTY-

      (1) IN GENERAL- Except as provided in paragraphs (2) and (3), the Commission may not acquire real property or an interest in real property.

      (2) CONDITIONS FOR ACQUISITION- Subject to paragraph (3), the Commission may acquire real property or an interest in real property in the Corridor--

        (A) by gift or devise;

        (B) by purchase from a willing seller using donated or appropriated land acquisition funds; or

        (C) by exchange.

      (3) CONVEYANCE- Any real property or interest in real property acquired by the Commission shall be conveyed by the Commission to an appropriate public agency or private nonprofit organization, as determined by the Commission--

        (A) as soon as practicable after the acquisition; and

        (B) on the condition that the real property or interest in real property limits use of the property to uses that are consistent with this Act.

      (4) DISPOSAL OF PROPERTY- The Commission may, with approval of the Secretary, sell any real property or interest in real property acquired pursuant to paragraph (2) (A) or (B) and retain the revenue from the sale.

    (i) TECHNICAL ASSISTANCE- For the purposes of implementing the Corridor Management Action Plan, the Commission may provide technical assistance to Federal agencies, the State of South Carolina, political subdivisions of the State, and persons (including corporations).

    (j) ADVISORY GROUPS- The Commission may establish public technical advisory groups to assist the Commission in carrying out the duties of the Commission with respect to the areas of economic development, historic preservation, natural resources, tourism, recreation and open space, and transportation. The Commission may establish such additional advisory groups as are necessary to carry out the duties of the Commission and ensure open communication with and assistance from interested persons (including organizations), the State of South Carolina, and political subdivisions of the State.

    (k) LOCAL AUTHORITY AND PRIVATE PROPERTY RIGHTS- Nothing in this Act shall be construed to authorize the Commission to interfere with--

      (1) the rights of any person with respect to private property; or

      (2) any local land use ordinance or plan of the State of South Carolina or a political subdivision of the State.

SEC. 7. DUTIES OF THE COMMISSION.

    (a) IN GENERAL- The Commission shall exercise powers authorized by section 6 to coordinate activities of Federal, State, and local governments and private businesses and organizations to further historic preservation, cultural conservation, natural area protection, soil conservation, timber management, and economic development in a manner consistent with this Act and in accordance with the Corridor Management Action Plan developed under subsection (b).

    (b) CORRIDOR MANAGEMENT ACTION PLAN-

      (1) PERIOD FOR DEVELOPMENT- Not later than 18 months after the date on which the Commission conducts its first meeting, the Commission shall submit a Corridor Management Action Plan for the Corridor to the Secretary and to the Governor for review and approval.

      (2) PLAN REQUIREMENTS- The Corridor Management Action Plan shall take into consideration State, county, and local plans existing on the date

on which the Corridor Management Action Plan is prepared. The Corridor Management Action Plan shall--

        (A) provide an inventory that includes any real property in the Corridor that should be conserved, protected, preserved, restored, managed, developed, or maintained because of the natural, cultural, historic, recreational, or scenic significance of the property;

        (B) provide an analysis of then current and potential land uses within the Corridor that affect the character of the Corridor;

        (C) determine the boundaries of the Corridor on the basis of the information collected pursuant to subparagraphs (A) and (B);

        (D) recommend advisory standards and criteria applicable to the construction, preservation, restoration, alteration, and use of real property of natural, cultural, historic, recreational, or scenic significance within the Corridor;

        (E) include a heritage interpretation plan to interpret the resources and values of the Corridor and provide for appropriate educational, recreational, and tourism opportunities and development of the Corridor;

        (F) identify the full range of public and private technical and financial assistance programs available to implement the Corridor Management Action Plan and detail how appropriate Federal, State, and local programs may best be coordinated to promote the purposes of this Act; and

        (G) contain a coordinated implementation plan that--

          (i) specifies the activities of Federal, State, and local governments in relation to the Corridor; and

          (ii) includes cost estimates, schedules, and a commitment of resources for the accomplishment of the implementation plan.

    (c) APPROVAL OF PLAN-

      (1) APPROVAL BY GOVERNOR- Not later than 60 days after receiving a Corridor Management Action Plan submitted by the Commission under subsection (b), the Governor shall approve or disapprove the Corridor Management Action Plan.

      (2) APPROVAL BY SECRETARY- A Corridor Management Action Plan approved by the Governor under paragraph (1) shall be submitted to the Secretary for approval or disapproval. Not later than 30 days after receipt of the Corridor Management Action Plan, the Secretary shall approve or disapprove the Corridor Management Action Plan.

      (3) CRITERIA FOR DECISION- The Governor and the Secretary shall approve a Corridor Management Action Plan if--

        (A) the Corridor Management Action Plan will adequately protect the significant natural, cultural, historic, recreational, and scenic resource values and functions of the Corridor;

        (B) the Commission has afforded adequate opportunity for public involvement in the preparation of the Corridor Management Action Plan; and

        (C) the Secretary and the Governor receive adequate assurances from appropriate officials of the State of South Carolina that the recommended implementation program identified in the Corridor Management Action Plan will be initiated within a reasonable time after the date of approval of the Corridor Management Action Plan.

    (d) DISAPPROVAL OF PLAN-

      (1) IN GENERAL- If the Secretary or the Governor disapproves a Corridor Management Action Plan, the Secretary or the Governor, as the case may be, shall--

        (A) advise the Commission in writing of the reasons for the disapproval; and

        (B) recommend revisions to the Corridor Management Action Plan.

      (2) REVISION OF DISAPPROVED PLAN- Not later than 90 days after the receipt of a notice of disapproval under paragraph (1), the Commission shall revise and resubmit the Corridor Management Action Plan for approval in accordance with subsection (c).

    (e) IMPLEMENTATION OF PLAN-

      (1) IN GENERAL- After the Secretary and the Governor review and approve a Corridor Management Action Plan, the Commission shall implement the Corridor Management Action Plan by taking appropriate steps to--

        (A) conserve, protect, restore, preserve, and interpret the natural, cultural, and historic resources of the Corridor;

        (B) promote the educational and recreational resources and opportunities with respect to the Corridor that are consistent with the resources of the Corridor; and

        (C) support public and private efforts to achieve economic revitalization, in a manner consistent with the goals of the Corridor Management Action Plan.

      (2) STEPS- The steps referred to in paragraph (1) may include--

        (A) assisting State and local governmental entities and nonprofit organizations in planning and implementing programs, projects, or activities in a manner consistent with this Act, including visitor use facilities, tour routes, and exhibits;

        (B) encouraging, by appropriate means, enhanced economic development in the Corridor in a manner consistent with the goals of the Corridor Management Action Plan; and

        (C) promoting public awareness and appreciation for historical, cultural, natural, recreational, and scenic resources and associated values of the Corridor.

    (f) ANNUAL REPORTS-

      (1) REPORT OF THE COMMISSION- As soon as practicable after the end of the first fiscal year in which the Commission is established, and annually thereafter, the Commission shall submit a report to the Secretary. The report shall describe, for the fiscal year that is the subject of the report--

        (A) the expenses and income of the Commission; and

        (B) a general description of the activities of the Commission.

      (2) REPORT OF THE SECRETARY- As soon as practicable after the date on which the Commission submits a report to the Secretary under paragraph (1), the Secretary shall submit a report to Congress that includes--

        (A) for the fiscal year that is the subject of the report--

          (i) a description of the loans, grants, and technical assistance provided by the Secretary, and from other Federal and non-Federal sources, to carry out this Act; and

          (ii) an analysis of the adequacy of actions taken to carry out this Act; and

        (B) a statement of the amount of funds and number of personnel that the Secretary anticipates will be made available to carry out this

Act for the fiscal year following the fiscal year that is the subject of the report.

SEC. 8. TERMINATION OF THE COMMISSION.

    (a) TERMINATION-

      (1) IN GENERAL- Except as provided in subsection (b), the Commission shall terminate on the date that is 12 years after the date of enactment of this Act.

      (2) TRANSFER OF PROPERTY- Notwithstanding the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), any property or funds of the Commission remaining upon the expiration of the Commission shall be transferred by the Commission to the Secretary, to a State or local government agency, to a private nonprofit organization referred to in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from income taxes under section 501(a) of the Internal Revenue Code of 1986, or to any combination of the foregoing.

    (b) EXTENSIONS- The Commission may be extended for a period of not more than 5 years beginning on the date referred to in subsection (a) if, not later than 180 days before that date--

      (1) the Commission determines that an extension is necessary to carry out this Act;

      (2) the Commission submits the proposed extension to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate before the termination date; and

      (3) the Secretary and the Governor approve the extension.

SEC. 9. DUTIES OF THE SECRETARY.

    (a) ASSISTANCE- On request of the Commission, and subject to the availability of funds appropriated specifically for the purpose, or made available on a reimbursable basis, the Secretary shall provide administrative, technical, financial, development, and operations assistance. The assistance may include--

      (1) general administrative support in planning, finance, personnel, procurement, property management, environmental and historical compliance, and land acquisition;

      (2) personnel;

      (3) office space and equipment;

      (4) planning and design services for visitor use facilities, trails, interpretive exhibits, publications, signs, and natural resource management;

      (5) development and construction assistance, including visitor use facilities, trails, river use and access facilities, scenic byways, signs, waysides, and rehabilitation of historic structures; and

      (6) operations functions, including interpretation and visitor services, maintenance, and natural resource management services conducted within the boundaries of the Corridor.

    (b) LOANS, GRANTS, AND COOPERATIVE AGREEMENTS- For the purposes of assisting in the development and implementation of the Corridor Management Action Plan, the Secretary may, in consultation with the Commission, make loans and grants to, and enter into cooperative agreements with, the State of South Carolina (or a political subdivision of the State), private nonprofit organizations, corporations, or other persons.

    (c) LAND TRANSFERS- The Secretary may accept transfers of real property from the Commission within the boundaries of the Corridor as established in the Corridor Management Action Plan.

SEC. 10. DUTIES OF OTHER FEDERAL ENTITIES.

    Any Federal entity conducting or supporting activities directly affecting the Corridor shall--

      (1) consult with the Secretary and the Commission with respect to such activities;

      (2) cooperate with the Secretary and the Commission in carrying out their duties under this Act and, to the maximum extent practicable, coordinate those activities with the carrying out of those duties; and

      (3) to the maximum extent practicable, conduct or support those activities in a manner that the Commission determines will not have an adverse effect on the Corridor.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- Subject to subsection (b), there are authorized to be appropriated such sums as are necessary to carry out this Act.

    (b) COST SHARING-

      (1) FEDERAL SHARE- The Federal share of the funding provided to the Commission to carry out this Act for any year may not exceed 50 percent of the total cost of--

        (A) the expenditures of the Commission for administrative matters for that year;

        (B) the expenditures of the Commission for the development and implementation of the Corridor Management Action Plan for that year; and

        (C) the expenditures of the Commission for land acquisition for that year.

      (2) NON-FEDERAL SHARE- The non-Federal share of the expenditures described in paragraph (1) may be in the form of cash, services, or in-kind contributions, fairly valued.