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Text of the Lackawanna Valley American Heritage Area Act of 1998

This bill was introduced on June 26, 1998, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 26, 1998 (Introduced).

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S 2251 IS

105th CONGRESS

2d Session

S. 2251

To establish the Lackawanna Valley American Heritage Area.

IN THE SENATE OF THE UNITED STATES

June 26, 1998

Mr. SANTORUM (for himself and Mr. SPECTER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To establish the Lackawanna Valley American 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 American Heritage Area Act of 1998’.

SEC. 2. FINDINGS AND PURPOSES.

    (a) FINDINGS- Congress finds that--

      (1) the industrial and cultural heritage of northeastern Pennsylvania, including Lackawanna County, Luzerne County, Wayne County, and Susquehanna County, related directly to anthracite and anthracite-related industries, is nationally significant;

      (2) the industries referred to in paragraph (1) include anthracite mining, ironmaking, textiles, and rail transportation;

      (3) the industrial and cultural heritage of the anthracite and anthracite-related industries in the region described in paragraph (1) 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--

        (A) the formation of many major unions such as the United Mine Workers of America; and

        (B) crucial struggles to improve wages and working conditions, such as the 1900 and 1902 anthracite strikes;

      (5)(A) the Secretary of the Interior is responsible for protecting the historical and cultural resources of the United States; and

      (B) there are significant examples of those resources within the region described in paragraph (1) that merit the involvement of the Federal Government to develop, in cooperation with the Lackawanna Heritage Valley Authority, the Commonwealth of Pennsylvania, and local and governmental entities, programs and projects to conserve, protect, and interpret this heritage adequately for future generations, while providing opportunities for education and revitalization; and

      (6) the Lackawanna Heritage Valley Authority would be an appropriate management entity for a Heritage Area established in the region described in paragraph (1).

    (b) PURPOSES- The purposes of the Lackawanna Valley American Heritage Area and this Act are--

      (1) to foster a close working relationship among all levels of government, the private sector, and the local communities in the anthracite coal region of northeastern Pennsylvania and enable the communities to conserve their heritage while continuing to pursue economic opportunities; and

      (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 described in subsection (a)(1).

SEC. 3. DEFINITIONS.

    In this Act:

      (1) HERITAGE AREA- The term ‘Heritage Area’ means the Lackawanna Valley American Heritage Area established by section 4.

      (2) MANAGEMENT ENTITY- The term ‘management entity’ means the management entity for the Heritage Area specified in section 4(c).

      (3) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Area developed under section 6(b).

      (4) PARTNER- The term ‘partner’ means--

        (A) a Federal, State, or local governmental entity; and

        (B) an organization, private industry, or individual involved in promoting the conservation and preservation of the cultural and natural resources of the Heritage Area.

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

SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.

    (a) ESTABLISHMENT- There is established the Lackawanna Valley American Heritage Area.

    (b) BOUNDARIES- The Heritage Area shall be comprised of all or parts of Lackawanna County, Luzerne County, Wayne County, and Susquehanna County, Pennsylvania, determined in accordance with the compact under section 5.

    (c) MANAGEMENT ENTITY- The management entity for the Heritage Area shall be the Lackawanna Heritage Valley Authority.

SEC. 5. COMPACT.

    (a) IN GENERAL- To carry out this Act, the Secretary shall enter into a compact with the management entity.

    (b) CONTENTS OF COMPACT- The compact shall include information relating to the objectives and management of the area, including--

      (1) a delineation of the boundaries of the Heritage Area; and

      (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. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

    (a) AUTHORITIES OF MANAGEMENT ENTITY- The management entity may, for the purposes of preparing and implementing the management plan, use funds made available under this Act--

      (1) to make loans and grants to, and enter into cooperative agreements with, any State or political subdivision of a State, private organization, or person; and

      (2) to hire and compensate staff.

    (b) MANAGEMENT PLAN-

      (1) IN GENERAL- The management entity shall develop a management plan for the Heritage Area that presents comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area.

      (2) CONSIDERATION OF OTHER PLANS AND ACTIONS- The management plan shall--

        (A) take into consideration State, county, and local plans;

        (B) involve residents, public agencies, and private organizations working in the Heritage Area; and

        (C) include actions to be undertaken by units of government and private organizations to protect the resources of the Heritage Area.

      (3) SPECIFICATION OF FUNDING SOURCES- The management plan shall specify the existing and potential sources of funding available to protect, manage, and develop the Heritage Area.

      (4) OTHER REQUIRED ELEMENTS- The management plan shall include the following:

        (A) 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 purposes of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its historical, cultural, natural, recreational, or scenic significance.

        (B) A recommendation of policies for resource management that considers and details application of appropriate land and water management techniques, including the development of intergovernmental cooperative agreements to protect the historical, cultural, natural, and recreational resources of the Heritage Area in a manner that is consistent with the support of appropriate and compatible economic viability.

        (C) A program for implementation of the management plan by the management entity, including--

          (i) plans for restoration and construction; and

          (ii) specific commitments of the partners for the first 5 years of operation.

        (D) An analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this Act.

        (E) An interpretation plan for the Heritage Area.

      (5) SUBMISSION TO SECRETARY FOR APPROVAL-

        (A) IN GENERAL- Not later than the last day of the 3-year period beginning on the date of enactment of this Act, the management entity shall submit the management plan to the Secretary for approval.

        (B) EFFECT OF FAILURE TO SUBMIT- If a management plan is not submitted to the Secretary by the day referred to in subparagraph (A), the Secretary shall not, after that day, provide any grant or other assistance under this Act with respect to the Heritage Area until a management plan for the Heritage Area is submitted to the Secretary.

    (c) DUTIES OF MANAGEMENT ENTITY- The management entity shall--

      (1) give priority to implementing actions specified in the compact and management plan, including steps to assist units of government and nonprofit organizations in preserving the Heritage Area;

      (2) assist units of government and nonprofit organizations in--

        (A) establishing and maintaining interpretive exhibits in the Heritage Area;

        (B) developing recreational resources in the Heritage Area;

        (C) increasing public awareness of and appreciation for the historical, natural, and architectural resources and sites in the Heritage Area; and

        (D) restoring historic buildings that relate to the purposes of the Heritage Area;

      (3) encourage economic viability in the Heritage Area consistent with the goals of the management plan;

      (4) encourage local governments to adopt land use policies consistent with the management of the Heritage Area and the goals of the management plan;

      (5) assist units of government and nonprofit organizations to ensure that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are placed throughout the Heritage Area;

      (6) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area;

      (7) conduct public meetings not less often than quarterly concerning the implementation of the management plan;

      (8) submit substantial amendments (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; and

      (9) for each year in which Federal funds have been received under this Act--

        (A) submit a report to the Secretary that specifies--

          (i) the accomplishments of the management entity;

          (ii) the expenses and income of the management entity; and

          (iii) each entity to which any loan or grant was made during the year;

        (B) make available to the Secretary for audit all records relating to the expenditure of such funds and any matching funds; and

        (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records concerning the expenditure of such funds.

    (d) USE OF FEDERAL FUNDS-

      (1) FUNDS MADE AVAILABLE UNDER THIS ACT- The management entity shall not use Federal funds received under this Act to acquire real property or any interest in real property.

      (2) FUNDS FROM OTHER SOURCES- Nothing in this Act precludes the management entity from using Federal funds obtained through law other than this Act for any purpose for which the funds are authorized to be used.

SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) TECHNICAL AND FINANCIAL ASSISTANCE-

      (1) IN GENERAL-

        (A) PROVISION OF ASSISTANCE- The Secretary may, at the request of the management entity, provide technical and financial assistance to the management entity to develop and implement the management plan.

        (B) PRIORITY IN ASSISTANCE- In assisting the management entity, the Secretary shall give priority to actions that assist in--

          (i) conserving the significant historical, cultural, and natural resources that support the purposes of the Heritage Area; and

          (ii) providing educational, interpretive, and recreational opportunities consistent with the resources and associated values of the Heritage Area.

      (2) EXPENDITURES FOR NON-FEDERALLY OWNED PROPERTY-

        (A) IN GENERAL- To further the purposes of this Act, the Secretary may expend Federal funds directly on non-federally owned property, especially for assistance to units of government relating to appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places.

        (B) STUDIES- The Historic American Buildings Survey/Historic American Engineering Record shall conduct such studies as are necessary to document the industrial, engineering, building, and architectural history of the Heritage Area.

    (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLANS-

      (1) IN GENERAL- The Secretary, in consultation with the Governor of the Commonwealth of Pennsylvania, shall approve or disapprove a management plan submitted under this Act not later than 90 days after receipt of the management plan.

      (2) ACTION FOLLOWING DISAPPROVAL-

        (A) IN GENERAL- If the Secretary disapproves a management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions to the management plan.

        (B) DEADLINE FOR APPROVAL OF REVISION- The Secretary shall approve or disapprove a proposed revision within 90 days after the date on which the revision is submitted to the Secretary.

    (c) APPROVAL OF AMENDMENTS-

      (1) REVIEW- The Secretary shall review substantial amendments (as determined under section 6(c)(8)) to the management plan for the Heritage Area.

      (2) REQUIREMENT OF APPROVAL- Funds made available under this Act shall not be expended to implement the amendments described in paragraph (1) until the Secretary approves the amendments.

SEC. 8. SUNSET PROVISION.

    The Secretary shall not provide any grant or other assistance under this Act after September 30, 2012.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- There is authorized to be appropriated to carry out this Act $10,000,000, except that not more than $1,000,000 may be appropriated to carry out this Act for any fiscal year.

    (b) 50 PERCENT MATCH- The Federal share of the cost of activities carried out using any assistance or grant under this Act shall not exceed 50 percent.