HR 3781 IH
H. R. 3781
To establish the Lackawanna Valley Heritage Area.
IN THE HOUSE OF REPRESENTATIVES
April 30, 1998
April 30, 1998
Mr. MCDADE introduced the following bill; which was referred to the Committee on Resources
To establish the Lackawanna Valley Heritage Area.
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 ‘Lackawanna Valley Heritage Area Act of 1998’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS- The Congress finds the following:
(1) The industrial and cultural heritage of northeastern Pennsylvania inclusive of Lackawanna, Luzerne, Wayne, and Susquehanna counties, related directly to anthracite and anthracite-related industries, is nationally significant, as documented in the United States Department of the Interior-National Parks Service, National Register of Historic Places, Multiple Property Documentation submittal of the Pennsylvania Historic and Museum Commission (1996).
(2) These industries include anthracite mining, ironmaking, textiles, and rail transportation.
(3) The industrial and cultural heritage of the anthracite and related industries in this region includes the social history and living cultural traditions of the people of the region.
(4) The labor movement of the region played a significant role in the development of the Nation including the formation of many key unions such as the United Mine Workers of America, and crucial struggles to improve wages and working conditions, such as the 1900 and 1902 anthracite strikes.
(5) The Department of the Interior is responsible for protecting the Nation’s cultural and historic resources, and there are significant examples of these resources within this 4-county region to merit the involvement of the Federal Government to develop programs and projects, in cooperation with the Lackawanna Heritage Valley Authority, the Commonwealth of Pennsylvania, and other local and governmental bodies, to adequately conserve, protect, and interpret this heritage for future generations, while providing opportunities for education and revitalization.
(6) The Lackawanna Heritage Valley Authority would be an appropriate management entity for a Heritage Area established in the region.
(b) PURPOSE- The objectives of the Lackawanna Heritage Valley American Heritage Area are as follows:
(1) To foster a close working relationship with all levels of government, the private sector, and the local communities in the anthracite coal region of northeastern Pennsylvania and empower the communities to conserve their heritage while continuing to pursue economic opportunities.
(2) To conserve, interpret, and develop the historical, cultural, natural, and recreational resources related to the industrial and cultural heritage of the 4-county region of northeastern Pennsylvania.
SEC. 3. LACKAWANNA HERITAGE VALLEY AMERICAN HERITAGE AREA.
(a) ESTABLISHMENT- There is hereby established the Lackawanna Heritage Valley American Heritage Area (in this Act referred to as the ‘Heritage Area’).
(b) BOUNDARIES- The Heritage Area shall be comprised of all or parts of the counties of Lackawanna, Luzerne, Wayne, and Susquehanna in Pennsylvania, determined pursuant to the compact under section 4.
(c) MANAGEMENT ENTITY- The management entity for the Heritage Area shall be the Lackawanna Heritage Valley Authority.
SEC. 4. COMPACT.
To carry out the purposes of this Act, the Secretary of the Interior (in this Act referred to as the ‘Secretary’) shall enter into a compact with the management entity. The compact shall include information relating to the objectives and management of the area, including each of the following:
(1) A delineation of the boundaries of the Heritage Area.
(2) A discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the partners.
SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) AUTHORITIES OF THE MANAGEMENT ENTITY- The management entity may, for purposes of preparing and implementing the management plan developed under subsection (b), use funds made available through this Act for the following:
(1) To make loans and grants to, and enter into cooperative agreements with States and their political subdivisions, private organizations, or any person.
(2) To hire and compensate staff.
(b) MANAGEMENT PLAN- The management entity shall develop a management plan for the Heritage Area that presents comprehensive recommendations for the Heritage Area’s conservation, funding, management, and development. Such plan shall take into consideration existing State, county, and local plans and involve residents, public agencies, and private organizations working in the Heritage Area. It shall include actions to be undertaken by units of government and private organizations to protect the resources of the Heritage Area. It shall specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area. Such plan shall include, as appropriate, the following:
(1) An inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational, or scenic significance.
(2) A recommendation of policies for resource management which considers and details application of appropriate land and water management techniques, including, but not limited to, the development of intergovernmental cooperative agreements to protect the Heritage Area’s historical, cultural, recreational, and natural resources in a manner consistent with supporting appropriate and compatible economic viability.
(3) A program for implementation of the management plan by the management entity, including plans for restoration and construction, and specific commitments of the identified partners for the first 5 years of operation.
(4) An analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this Act.
(5) An interpretation plan for the Heritage Area.
The management entity shall submit the management plan to the Secretary for approval within 3 years after the date of enactment of this Act. If a management plan is not submitted to the Secretary as required within the specified time, the Heritage Area shall no longer qualify for Federal funding.
(c) DUTIES OF MANAGEMENT ENTITY- The management entity shall--
(1) give priority to implementing actions set forth in the compact and management plan, including steps to assist units of government, regional planning organizations, and nonprofit organizations in preserving the Heritage Area;
(2) assist units of government, regional planning organizations, and nonprofit organizations in establishing and maintaining interpretive exhibits in the Heritage Area; assist units of government, regional planning organizations, and nonprofit organizations in developing recreational resources in the Heritage Area;
(3) assist units of government, regional planning organizations, and nonprofit organizations in increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area; assist units of government, regional planning organizations and nonprofit organizations in the restoration of any historic building relating to the themes of the Heritage Area;
(4) encourage by appropriate means economic viability in the Heritage Area consistent with the goals of the plan; encourage local governments to adopt land use policies consistent with the management of the Heritage Area and the goals of the plan;
(5) assist units of government, regional planning organizations, and nonprofit organizations to ensure that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are put in place throughout the Heritage Area;
(6) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area;
(7) conduct public meetings at least quarterly regarding the implementation of the management plan;
(8) submit substantial changes (including any increase of more than 20 percent in the cost estimates for implementation) to the management plan
to the Secretary for the Secretary’s approval; for any year in which Federal funds have been received under this Act, submit an annual report to the Secretary setting forth its accomplishments, its expenses and income, and the entity to which any loans and grants were made during the year for which the report is made; and
(9) for any year in which Federal funds have been received under this Act, make available for audit all records pertaining to the expenditure of such funds and any matching funds, and require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records pertaining to the expenditure of such funds.
(d) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY- The management entity may not use Federal funds received under this Act to acquire real property or an interest in real property. Nothing in this Act shall preclude any management entity from using Federal funds from other sources for their permitted purposes.
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE-
(1) IN GENERAL- The Secretary may, upon request of the management entity, provide technical and financial assistance to the management entity to develop and implement the management plan. In assisting the management entity, the Secretary shall give priority to actions that in general assist in--
(A) conserving the significant natural, historic, and cultural resources which support its themes; and
(B) providing educational, interpretive, and recreational opportunities consistent with its resources and associated values.
(2) SPENDING FOR NON-FEDERALLY OWNED PROPERTY- The Secretary may spend Federal funds directly on non-federally owned property to further the purposes of this Act, especially in assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places. The Historic American Building Survey/Historic American Engineering Record shall conduct those studies necessary to document the industrial, engineering, building, and architectural history of the region.
(b) APPROVAL AND DISAPPROVAL OF COMPACTS AND MANAGEMENT PLANS- The Secretary, in consultation with the Governor of Pennsylvania, shall approve or disapprove a compact or management plan submitted under this Act not later than 90 days after receiving such compact or management plan.
(c) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves a submitted compact or management plan, the Secretary shall advise the management entity in writing of the reasons therefore and shall make recommendations for revisions in the compact or plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted.
(d) APPROVING AMENDMENTS- The Secretary shall review substantial amendments to the management plan for the Heritage Area. Funds appropriated pursuant to this Act may not be expended to implement the changes made by such amendments until the Secretary approves the amendments.
SEC. 7. SUNSET.
The Secretary may not make any grant or provide any assistance under this Act after September 30, 2012.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There is authorized to be appropriated under this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Area under this Act.
(b) 50 PERCENT MATCH- Federal funding provided under this Act, after the designation of the Heritage Area, may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act.