H.R. 940 (106th): Lackawanna Valley National Heritage Area Act of 1999

106th Congress, 1999–2000. Text as of Sep 25, 2000 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

H.R.940

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To designate the Lackawanna Valley and the Schuylkill River National Heritage Areas, and for other purposes.

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

TITLE I--LACKAWANNA VALLEY NATIONAL HERITAGE AREA

SEC. 101. SHORT TITLE.

    This title may be cited as the ‘Lackawanna Valley National Heritage Area Act of 2000’.

SEC. 102. 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 National Heritage Area 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. 103. DEFINITIONS.

    In this title:

      (1) HERITAGE AREA- The term ‘Heritage Area’ means the Lackawanna Valley National Heritage Area established by section 104.

      (2) MANAGEMENT ENTITY- The term ‘management entity’ means the management entity for the Heritage Area specified in section 104(c).

      (3) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Area developed under section 106(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. 104. LACKAWANNA VALLEY NATIONAL HERITAGE AREA.

    (a) ESTABLISHMENT- There is established the Lackawanna Valley National 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 105.

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

SEC. 105. COMPACT.

    (a) IN GENERAL- To carry out this title, 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. 106. AUTHORITIES AND DUTIES OF THE 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 title 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 the 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 title 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 title--

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

          (i) the accomplishments of the management entity; and

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

        (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 TITLE- The management entity shall not use Federal funds received under this title to acquire real property or any interest in real property.

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

SEC. 107. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Technical and Financial Assistance-

      (1) 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.

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

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

        (B) providing educational, interpretive, and recreational opportunities consistent with the resources and associated values 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 title 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 106(c)(8)) to the management plan for the Heritage Area.

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

SEC. 108. SUNSET PROVISION.

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

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- There is authorized to be appropriated to carry out this title $10,000,000, except that not more than $1,000,000 may be appropriated to carry out this title 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 title shall not exceed 50 percent.

TITLE II--SCHUYLKILL RIVER VALLEY NATIONAL HERITAGE AREA

SEC. 201. SHORT TITLE.

    This title may be cited as the ‘Schuylkill River Valley National Heritage Area Act’.

SEC. 202. FINDINGS AND PURPOSE.

    (a) FINDINGS- Congress finds that--

      (1) the Schuylkill River Valley made a unique contribution to the cultural, political, and industrial development of the United States;

      (2) the Schuylkill River is distinctive as the first spine of modern industrial development in Pennsylvania and one of the first in the United States;

      (3) the Schuylkill River Valley played a significant role in the struggle for nationhood;

      (4) the Schuylkill River Valley developed a prosperous and productive agricultural economy that survives today;

      (5) the Schuylkill River Valley developed a charcoal iron industry that made Pennsylvania the center of the iron industry within the North American colonies;

      (6) the Schuylkill River Valley developed into a significant anthracite mining region that continues to thrive today;

      (7) the Schuylkill River Valley developed early transportation systems, including the Schuylkill Canal and the Reading Railroad;

      (8) the Schuylkill River Valley developed a significant industrial base, including textile mills and iron works;

      (9) there is a longstanding commitment to--

        (A) repairing the environmental damage to the river and its surroundings caused by the largely unregulated industrial activity; and

        (B) completing the Schuylkill River Trail along the 128-mile corridor of the Schuylkill Valley;

      (10) there is a need to provide assistance for the preservation and promotion of the significance of the Schuylkill River as a system for transportation, agriculture, industry, commerce, and immigration; and

      (11)(A) the Department of the Interior is responsible for protecting the Nation’s cultural and historical resources; and

      (B) there are significant examples of such resources within the Schuylkill River Valley to merit the involvement of the Federal Government in the development of programs and projects, in cooperation with the Schuylkill River Greenway Association, the State 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.

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

      (1) to foster a close working relationship with all levels of government, the private sector, and the local communities in the Schuylkill River Valley of southeastern 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 Schuylkill River Valley of southeastern Pennsylvania.

SEC. 203. DEFINITIONS.

    In this title:

      (1) COOPERATIVE AGREEMENT- The term ‘cooperative agreement’ means the cooperative agreement entered into under section 204(d).

      (2) HERITAGE AREA- The term ‘Heritage Area’ means the Schuylkill River Valley National Heritage Area established by section 204.

      (3) MANAGEMENT ENTITY- The term ‘management entity’ means the management entity of the Heritage Area appointed under section 204(c).

      (4) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Area developed under section 205.

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

      (6) STATE- The term ‘State’ means the State of Pennsylvania.

SEC. 204. ESTABLISHMENT.

    (a) IN GENERAL- For the purpose of preserving and interpreting for the educational and inspirational benefit of present and future generations certain land and structures with unique and significant historical and cultural value associated with the early development of the Schuylkill River Valley, there is established the Schuylkill River Valley National Heritage Area.

    (b) BOUNDARIES- The Heritage Area shall be comprised of the Schuylkill River watershed within the counties of Schuylkill, Berks, Montgomery, Chester, and Philadelphia, Pennsylvania, as delineated by the Secretary.

    (c) MANAGEMENT ENTITY- The management entity for the Heritage Area shall be the Schuylkill River Greenway Association.

    (d) COOPERATIVE AGREEMENT-

      (1) IN GENERAL- To carry out this title, the Secretary shall enter into a cooperative agreement with the management entity.

      (2) CONTENTS- The cooperative agreement shall include information relating to the objectives and management of the Heritage Area, including--

        (A) a description of the goals and objectives of the Heritage Area, including a description of the approach to conservation and interpretation of the Heritage Area;

        (B) an identification and description of the management entity that will administer the Heritage Area; and

        (C) a description of the role of the State.

SEC. 205. MANAGEMENT PLAN.

    (a) IN GENERAL- Not later than 3 years after the date of the enactment of this title, the management entity shall submit to the Secretary for approval a management plan for the Heritage Area that presents comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area.

    (b) REQUIREMENTS- The management plan shall--

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

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

      (3) specify, as of the date of the plan, existing and potential sources of funding to protect, manage, and develop the Heritage Area; and

      (4) include--

        (A) actions to be undertaken by units of government and private organizations to protect the resources of the Heritage Area;

        (B) 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, historical, recreational, or scenic significance;

        (C) 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, recreational, and natural resources of the Heritage Area in a manner consistent with supporting appropriate and compatible economic viability;

        (D) a program for implementation of the management plan by the management entity;

        (E) an analysis of ways in which local, State, and Federal programs may best be coordinated to promote the purposes of this title; and

        (F) an interpretation plan for the Heritage Area.

    (c) DISQUALIFICATION FROM FUNDING- If a management plan is not submitted to the Secretary on or before the date that is 3 years after the date of the enactment of this title, the Heritage Area shall be ineligible to receive Federal funding under this title until the date on which the Secretary receives the management plan.

    (d) UPDATE OF PLAN- In lieu of developing an original management plan, the management entity may update and submit to the Secretary the Schuylkill Heritage Corridor Management Action Plan that was approved by the State in March, 1995, to meet the requirements of this section.

SEC. 206. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) AUTHORITIES OF THE MANAGEMENT ENTITY- For purposes of preparing and implementing the management plan, the management entity may--

      (1) make grants to, and enter into cooperative agreements with, the State and political subdivisions of the State, private organizations, or any person; and

      (2) hire and compensate staff.

    (b) DUTIES OF THE MANAGEMENT ENTITY- The management entity shall--

      (1) develop and submit the management plan under section 205;

      (2) give priority to implementing actions set forth in the cooperative agreement and the management plan, including taking steps to--

        (A) assist units of government, regional planning organizations, and nonprofit organizations in--

          (i) preserving the Heritage Area;

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

          (iii) developing recreational resources in the Heritage Area;

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

          (v) restoring historic buildings relating to the themes of the Heritage Area; and

          (vi) ensuring that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are installed throughout the Heritage Area;

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

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

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

      (4) conduct public meetings at least quarterly regarding the implementation of the management plan;

      (5) 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 approval of the Secretary; and

      (6) for any fiscal year in which Federal funds are received under this title--

        (A) submit to the Secretary a report describing--

          (i) the accomplishments of the management entity;

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

          (iii) each entity to which the management entity made any grant during the fiscal year;

        (B) make available for audit all records pertaining to the expenditure of Federal funds and any matching funds, and require, for all agreements authorizing expenditure of Federal funds by organizations other than the management entity, that the receiving organizations make available for audit all records pertaining to the expenditure of such funds; and

        (C) require, for all agreements authorizing expenditure of Federal funds by organizations other than the management entity, that the receiving organizations make available for audit all records pertaining to the expenditure of Federal funds.

    (c) Use of Federal Funds-

      (1) IN GENERAL- The management entity shall not use Federal funds received under this title to acquire real property or an interest in real property.

      (2) OTHER SOURCES- Nothing in this title precludes the management entity from using Federal funds from other sources for their permitted purposes.

    (d) SPENDING FOR NON-FEDERALLY OWNED PROPERTY- The management entity may spend Federal funds directly on non-federally owned property to further the purposes of this title, 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.

SEC. 207. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) TECHNICAL AND FINANCIAL ASSISTANCE-

      (1) IN GENERAL- At the request of the management entity, the Secretary may provide technical and financial assistance to the Heritage Area to develop and implement the management plan.

      (2) PRIORITIES- In assisting the management entity, the Secretary shall give priority to actions that assist in--

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

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

    (b) APPROVAL AND DISAPPROVAL OF COOPERATIVE AGREEMENTS AND MANAGEMENT PLANS-

      (1) IN GENERAL- Not later than 90 days after receiving a cooperative agreement or management plan submitted under this title, the Secretary, in consultation with the Governor of the State, shall approve or disapprove the cooperative agreement or management plan.

      (2) MANAGEMENT PLAN CONTENTS- In reviewing the plan, the Secretary shall consider whether the composition of the management entity and the plan adequately reflect diverse interest of the region, including those of--

        (A) local elected officials;

        (B) the State;

        (C) business and industry groups;

        (D) organizations interested in the protection of natural and cultural resources; and

        (E) other community organizations and individual stakeholders.

      (3) Action following disapproval-

        (A) IN GENERAL- If the Secretary disapproves a cooperative agreement or management plan, the Secretary shall--

          (i) advise the management entity in writing of the reasons for the disapproval; and

          (ii) make recommendations for revisions in the cooperative agreement or plan.

        (B) TIME PERIOD FOR DISAPPROVAL- Not later than 90 days after the date on which a revision described under subparagraph (A)(ii) is submitted, the Secretary shall approve or disapprove the proposed revision.

    (c) Approval of Amendments-

      (1) IN GENERAL- The Secretary shall review and approve substantial amendments to the management plan.

      (2) FUNDING EXPENDITURE LIMITATION- Funds appropriated under this title may not be expended to implement any substantial amendment until the Secretary approves the amendment.

SEC. 208. CULTURE AND HERITAGE OF ANTHRACITE COAL REGION.

    (a) IN GENERAL- The management entities of heritage areas (other than the Heritage Area) in the anthracite coal region in the State shall cooperate in the management of the Heritage Area.

    (b) FUNDING- Management entities described in subsection (a) may use funds appropriated for management of the Heritage Area to carry out this section.

SEC. 209. SUNSET.

    The Secretary may not make any grant or provide any assistance under this title after the date that is 15 years after the date of the enactment of this title.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- There are authorized to be appropriated to carry out this title not more than $10,000,000, of which not more than $1,000,000 is authorized to be appropriated for any 1 fiscal year.

    (b) FEDERAL SHARE- Federal funding provided under this title may not exceed 50 percent of the total cost of any project or activity funded under this title.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.