II

Calendar No. 681

106TH CONGRESS

2D SESSION H. R. 940

[Report No. 106–342]

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 14, 1999

Received; read twice and referred to the Committee on Energy and Natural

Resources

JULY 12, 2000

Reported by Mr. MURKOWSKI, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To designate the Lackawanna Valley National Heritage Area,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Lackawanna Valley

5 National Heritage Area Act of 1999’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—The Congress finds the following:
2

HR 940 RS

1 (1) The industrial and cultural heritage of

2 northeastern Pennsylvania inclusive of Lackawanna,

3 Luzerne, Wayne, and Susquehanna counties, related

4 directly to anthracite and anthracite-related indus5 tries, is nationally significant, as documented in the

6 United States Department of the Interior-National

7 Parks Service, National Register of Historic Places,

8 Multiple Property Documentation submittal of the

9 Pennsylvania Historic and Museum Commission

10 (1996).

11 (2) These industries include anthracite mining,

12 ironmaking, textiles, and rail transportation.

13 (3) The industrial and cultural heritage of the

14 anthracite and related industries in this region in15 cludes the social history and living cultural tradi16 tions of the people of the region.

17 (4) The labor movement of the region played a

18 significant role in the development of the Nation in19 cluding the formation of many key unions such as

20 the United Mine Workers of America, and crucial

21 struggles to improve wages and working conditions,

22 such as the 1900 and 1902 anthracite strikes.

23 (5) The Department of the Interior is respon24 sible for protecting the Nation’s cultural and historic

25 resources, and there are significant examples of
3

HR 940 RS

1 these resources within this 4-county region to merit

2 the involvement of the Federal Government to de3 velop programs and projects, in cooperation with the

4 Lackawanna Heritage Valley Authority, the Com5 monwealth of Pennsylvania, and other local and gov6 ernmental bodies, to adequately conserve, protect,

7 and interpret this heritage for future generations,

8 while providing opportunities for education and revi9 talization.

10 (6) The Lackawanna Heritage Valley Authority

11 would be an appropriate management entity for a

12 Heritage Area established in the region.

13 (b) PURPOSE.—The objectives of the Lackawanna

14 Valley National Heritage Area are as follows:

15 (1) To foster a close working relationship with

16 all levels of government, the private sector, and the

17 local communities in the anthracite coal region of

18 northeastern Pennsylvania and empower the commu19 nities to conserve their heritage while continuing to

20 pursue economic opportunities.

21 (2) To conserve, interpret, and develop the his22 torical, cultural, natural, and recreational resources

23 related to the industrial and cultural heritage of the

24 4-county region of northeastern Pennsylvania.
4

HR 940 RS

1 SEC. 3. LACKAWANNA VALLEY NATIONAL HERITAGE AREA.

2 (a) ESTABLISHMENT.—There is hereby established

3 the Lackawanna Valley National Heritage Area (in this

4 Act referred to as the ‘‘Heritage Area’’).

5 (b) BOUNDARIES.—The Heritage Area shall be com6 prised of all or parts of the counties of Lackawanna,

7 Luzerne, Wayne, and Susquehanna in Pennsylvania, de8 termined pursuant to the compact under section 4.

9 (c) MANAGEMENT ENTITY.—The management entity

10 for the Heritage Area shall be the Lackawanna Heritage

11 Valley Authority.

12 SEC. 4. COMPACT.

13 To carry out the purposes of this Act, the Secretary

14 of the Interior (in this Act referred to as the ‘‘Secretary’’)

15 shall enter into a compact with the management entity.

16 The compact shall include information relating to the ob17 jectives and management of the area, including each of

18 the following:

19 (1) A delineation of the boundaries of the Her20 itage Area.

21 (2) A discussion of the goals and objectives of

22 the Heritage Area, including an explanation of the

23 proposed approach to conservation and interpreta24 tion and a general outline of the protection measures

25 committed to by the partners.
5

HR 940 RS

1 SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT EN2 TITY.

3 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.—

4 The management entity may, for purposes of preparing

5 and implementing the management plan developed under

6 subsection (b), use funds made available through this Act

7 for the following:

8 (1) To make grants to, and enter into coopera9 tive agreements with States and their political sub10 divisions, private organizations, or any person.

11 (2) To hire and compensate staff.

12 (3) To enter into contracts for goods and serv13 ices.

14 (b) MANAGEMENT PLAN.—The management entity

15 shall develop a management plan for the Heritage Area

16 that presents recommendations for the Heritage Area’s

17 conservation, funding, management, and development.

18 Such plan shall take into consideration existing State,

19 county, and local plans and involve residents, public agen20 cies, and private organizations working in the Heritage

21 Area. It shall include recommendations for actions to be

22 undertaken by units of government and private organiza23 tions to protect the resources of the Heritage Area. It shall

24 specify the existing and potential sources of funding to

25 protect, manage, and develop the Heritage Area. Such

26 plan shall include, as appropriate, the following:
6

HR 940 RS

1 (1) An inventory of the resources contained in

2 the Heritage Area, including a list of any property

3 in the Heritage Area that is related to the themes

4 of the Heritage Area and that should be preserved,

5 restored, managed, developed, or maintained because

6 of its natural, cultural, historic, recreational, or sce7 nic significance.

8 (2) A recommendation of policies for resource

9 management which considers and details application

10 of appropriate land and water management tech11 niques, including, but not limited to, the develop12 ment of intergovernmental cooperative agreements to

13 protect the Heritage Area’s historical, cultural, rec14 reational, and natural resources in a manner con15 sistent with supporting appropriate and compatible

16 economic viability.

17 (3) A program for implementation of the man18 agement plan by the management entity, including

19 plans for restoration and construction, and specific

20 commitments of the identified partners for the first

21 5 years of operation.

22 (4) An analysis of ways in which local, State,

23 and Federal programs may best be coordinated to

24 promote the purposes of this Act.
7

HR 940 RS

1 (5) An interpretation plan for the Heritage

2 Area.

3 The management entity shall submit the management

4 plan to the Secretary for approval within 3 years after

5 the date of enactment of this Act. If a management plan

6 is not submitted to the Secretary as required within the

7 specified time, the Heritage Area shall no longer qualify

8 for Federal funding.

9 (c) DUTIES OF MANAGEMENT ENTITY.—The man10 agement entity shall—

11 (1) give priority to implementing actions set

12 forth in the compact and management plan, includ13 ing steps to assist units of government, regional

14 planning organizations, and nonprofit organizations

15 in preserving the Heritage Area;

16 (2) assist units of government, regional plan17 ning organizations, and nonprofit organizations in

18 establishing and maintaining interpretive exhibits in

19 the Heritage Area; assist units of government, re20 gional planning organizations, and nonprofit organi21 zations in developing recreational resources in the

22 Heritage Area;

23 (3) assist units of government, regional plan24 ning organizations, and nonprofit organizations in

25 increasing public awareness of and appreciation for
8

HR 940 RS

1 the natural, historical, and architectural resources

2 and sites in the Heritage Area; assist units of gov3 ernment, regional planning organizations and non4 profit organizations in the restoration of any historic

5 building relating to the themes of the Heritage Area;

6 (4) encourage economic viability in the Heritage

7 Area consistent with the goals of the plan; encourage

8 local governments to adopt land use policies con9 sistent with the management of the Heritage Area

10 and the goals of the plan;

11 (5) assist units of government, regional plan12 ning organizations, and nonprofit organizations to

13 ensure that clear, consistent, and environmentally

14 appropriate signs identifying access points and sites

15 of interest are put in place throughout the Heritage

16 Area;

17 (6) consider the interests of diverse govern18 mental, business, and nonprofit groups within the

19 Heritage Area;

20 (7) conduct public meetings at least quarterly

21 regarding the implementation of the management

22 plan; and

23 (8) for any year in which Federal funds have

24 been received under this Act, make available for

25 audit all records pertaining to the expenditure of
9

HR 940 RS

1 such funds and any matching funds, and require, for

2 all agreements authorizing expenditure of Federal

3 funds by other organizations, that the receiving or4 ganizations make available for audit all records per5 taining to the expenditure of such funds.

6 (d) PROHIBITION ON THE ACQUISITION OF REAL

7 PROPERTY.—The management entity may not use Fed8 eral funds received under this Act to acquire real property

9 or an interest in real property. Nothing in this Act shall

10 preclude any management entity from using Federal funds

11 from other sources for their permitted purposes.

12 (e) SPENDING FOR NON-FEDERALLY OWNED PROP13 ERTY.—The management entity may spend Federal funds

14 directly on non-federally owned property to further the

15 purposes of this Act, especially in assisting units of gov16 ernment in appropriate treatment of districts, sites, build17 ings, structures, and objects listed or eligible for listing

18 on the National Register of Historic Places.

19 SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

20 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—The

21 Secretary may, upon request of the management entity,

22 provide technical and financial assistance to the manage23 ment entity to develop and implement the management

24 plan. In assisting the management entity, the Secretary

25 shall give priority to actions that in general assist in—
10

HR 940 RS

1 (1) conserving the significant natural, historic,

2 and cultural resources which support its themes; and

3 (2) providing educational, interpretive, and rec4 reational opportunities consistent with its resources

5 and associated values.

6 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

7 PLANS.—The Secretary, in consultation with the Governor

8 of Pennsylvania, shall approve or disapprove a manage9 ment plan submitted under this Act not later than 90 days

10 after receiving such management plan.

11 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec12 retary disapproves a submitted management plan, the Sec13 retary shall advise the management entity in writing of

14 the reasons therefore and shall make recommendations for

15 revisions in the plan. The Secretary shall approve or dis16 approve a proposed revision within 90 days after the date

17 it is submitted.

18 (d) APPROVING AMENDMENTS.—The Secretary shall

19 review substantial amendments to the management plan

20 for the Heritage Area. Funds appropriated pursuant to

21 this Act may not be expended to implement the changes

22 made by such amendments until the Secretary approves

23 the amendments.
11

HR 940 RS

1 SEC. 7. ADDITIONAL ANTHRACITE COAL REGION DESIGNA2 TION.

3 (a) DESIGNATION.—Upon publication by the Sec4 retary in the Federal Register of notice that the Secretary

5 has signed a compact (as provided for in subsection (b))

6 there is hereby designated the Schuylkill River National

7 Heritage Area.

8 (b) COMPACT.—The compact submitted under this

9 section with respect to the Schuylkill River National Her10 itage Area shall consist of an agreement between the Sec11 retary and the Schuylkill River Greenway Association

12 (who shall serve as the management entity for the area).

13 Such agreement shall define the area (including a delinea14 tion of the boundaries), describe anticipated programs for

15 the area, and include information relating to the objectives

16 and management of the area. Such information shall in17 clude, but not be limited to, an explanation of the pro18 posed approach to the conservation and interpretation of

19 the area and a general outline of the protection measures

20 committed to by the partners.

21 (c) AUTHORITIES AND DUTIES.—The authorities and

22 duties of the management entity and other Federal agen23 cies for the Schuylkill River National Heritage Area shall

24 be the same as provided for by sections 5 and 6 of this

25 Act, except that for such purposes any reference in such

26 sections to the ‘‘Heritage Area’’ shall be deemed to be a
12

HR 940 RS

1 reference to the Schuylkill River National Heritage Area

2 and any reference to the ‘‘management entity’’ shall be

3 deemed a reference to the Schuylkill River Greenway Asso4 ciation.

5 SEC. 8. CULTURE AND HERITAGE OF ANTHRACITE COAL

6 REGION.

7 All authorized existing and future heritage area man8 agement entities in the Anthracite Coal Region in Penn9 sylvania are authorized and directed to coordinate with

10 one another in the management of such areas. Each such

11 management entity is authorized to use funds appro12 priated for such heritage areas for the purposes of this

13 section.

14 SEC. 9. SUNSET.

15 The Secretary may not make any grant or provide

16 any assistance under this Act after September 30, 2012.

17 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

18 (a) IN GENERAL.—There is authorized to be appro19 priated under this Act not more than $1,000,000 for any

20 fiscal year for each heritage area designated by this Act.

21 Not more than a total of $10,000,000 may be appro22 priated for each heritage area under this Act.

23 (b) 50 PERCENT MATCH.—Federal funding provided

24 under this Act, after the designation of each heritage area,
13

HR 940 RS

1 may not exceed 50 percent of the total cost of any assist2 ance or grant provided or authorized under this Act.

3 TITLE I—LACKAWANNA VALLEY

4 NATIONAL HERITAGE AREA

5 SECTION 101. SHORT TITLE.

6 This title may be cited as the ‘‘Lackawanna Valley Na7 tional Heritage Area Act of 2000’’.

8 SEC. 102. FINDINGS AND PURPOSES.

9 (a) FINDINGS.—Congress finds that—

10 (1) the industrial and cultural heritage of north11 eastern Pennsylvania, including Lackawanna Coun12 ty, Luzerne County, Wayne County, and Susque13 hanna County, related directly to anthracite and an14 thracite-related industries, is nationally significant;

15 (2) the industries referred to in paragraph (1)

16 include anthracite mining, ironmaking, textiles, and

17 rail transportation;

18 (3) the industrial and cultural heritage of the

19 anthracite and anthracite-related industries in the re20 gion described in paragraph (1) includes the social

21 history and living cultural traditions of the people of

22 the region;

23 (4) the labor movement of the region played a

24 significant role in the development of the Nation,

25 including—
14

HR 940 RS

1 (A) the formation of many major unions

2 such as the United Mine Workers of America;

3 and

4 (B) crucial struggles to improve wages and

5 working conditions, such as the 1900 and 1902

6 anthracite strikes;

7 (5)(A) the Secretary of the Interior is responsible

8 for protecting the historical and cultural resources of

9 the United States; and

10 (B) there are significant examples of those re11 sources within the region described in paragraph (1)

12 that merit the involvement of the Federal Government

13 to develop, in cooperation with the Lackawanna Her14 itage Valley Authority, the Commonwealth of Penn15 sylvania, and local and governmental entities, pro16 grams and projects to conserve, protect, and interpret

17 this heritage adequately for future generations, while

18 providing opportunities for education and revitaliza19 tion; and

20 (6) the Lackawanna Heritage Valley Authority

21 would be an appropriate management entity for a

22 Heritage Area established in the region described in

23 paragraph (1).

24 (b) PURPOSES.—The purposes of the Lackawanna Val25 ley National Heritage Area are—
15

HR 940 RS

1 (1) to foster a close working relationship among

2 all levels of government, the private sector, and the

3 local communities in the anthracite coal region of

4 northeastern Pennsylvania and enable the commu5 nities to conserve their heritage while continuing to

6 pursue economic opportunities; and

7 (2) to conserve, interpret, and develop the histor8 ical, cultural, natural, and recreational resources re9 lated to the industrial and cultural heritage of the 4-

10 county region described in subsection (a)(1).

11 SEC. 103. DEFINITIONS.

12 (1) HERITAGE AREA.—The term ‘‘Heritage

13 Area’’ means the Lackawanna Valley Historical Her14 itage Area established by section 4.

15 (2) MANAGEMENT ENTITY.—The term ‘‘manage16 ment entity’’ means the management entity for the

17 Heritage Area specified in section 4(c).

18 (3) MANAGEMENT PLAN.—The term ‘‘manage19 ment plan’’ means the management plan for the Her20 itage Area developed under section 6(b).

21 (4) PARTNER.—The term ‘‘partner’’ means—

22 (A) a Federal, State, or local governmental

23 entity; and

24 (B) an organization, private industry, or

25 individual involved in promoting the conserva-
16

HR 940 RS

1 tion and preservation of the cultural and natural

2 resources of the Heritage Area.

3 (5) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Interior.

5 SEC. 104. LACKAWANNA VALLEY NATIONAL HERITAGE

6 AREA.

7 (a) ESTABLISHMENT.—There is established the Lacka8 wanna Valley National Heritage Area.

9 (b) BOUNDARIES.—The Heritage Area shall be com10 prised of all or parts of Lackawanna County, Luzerne

11 County, Wayne County, and Susquehanna County, Penn12 sylvania, determined in accordance with the compact under

13 section 5.

14 (c) MANAGEMENT ENTITY.—The management entity

15 for the Heritage Area shall be the Lackawanna Heritage

16 Valley Authority.

17 SEC. 105. COMPACT.

18 (a) IN GENERAL.—To carry out this Title, the Sec19 retary shall enter into a compact with the management en20 tity.

21 (b) CONTENTS OF COMPACT.—The compact shall in22 clude information relating to the objectives and manage23 ment of the area, including—

24 (1) a delineation of the boundaries of the Herit25 age Area; and
17

HR 940 RS

1 (2) a discussion of the goals and objectives of the

2 Heritage Area, including an explanation of the pro3 posed approach to conservation and interpretation

4 and a general outline of the protection measures com5 mitted to by the partners.

6 SEC. 106. AUTHORITIES AND DUTIES OF THE MANAGEMENT

7 ENTITY.

8 (a) AUTHORITIES OF MANAGEMENT ENTITY.—The

9 management entity may, for the purposes of preparing and

10 implementing the management plan, use funds made avail11 able under this Title to hire and compensate staff.

12 (b) MANAGEMENT PLAN.—

13 (1) IN GENERAL.—The management entity shall

14 develop a management plan for the Heritage Area

15 that presents comprehensive recommendations for the

16 conservation, funding, management, and development

17 of the Heritage Area.

18 (2) CONSIDERATION OF OTHER PLANS AND AC19 TIONS.—The management plan shall—

20 (A) take into consideration State, county,

21 and local plans;

22 (B) involve residents, public agencies, and

23 private organizations working in the Heritage

24 Area; and
18

HR 940 RS

1 (C) include actions to be undertaken by

2 units of government and private organizations to

3 protect the resources of the Heritage Area.

4 (3) SPECIFICATION OF FUNDING SOURCES.—The

5 management plan shall specify the existing and po6 tential sources of funding available to protect, man7 age, and develop the Heritage Area.

8 (4) OTHER REQUIRED ELEMENTS.—The manage9 ment plan shall include the following:

10 (A) An inventory of the resources contained

11 in the Heritage Area, including a list of any

12 property in the Heritage Area that is related to

13 the purposes of the Heritage Area and that

14 should be preserved, restored, managed, devel15 oped, or maintained because of its historical, cul16 tural, natural, recreational, or scenic signifi17 cance.

18 (B) A recommendation of policies for re19 source management that considers and details

20 application of appropriate land and water man21 agement techniques, including the development of

22 intergovernmental cooperative agreements to pro23 tect the historical, cultural, natural, and rec24 reational resources of the Heritage Area in a
19

HR 940 RS

1 manner that is consistent with the support of ap2 propriate and compatible economic viability.

3 (C) A program for implementation of the

4 management plan by the management entity,

5 including—

6 (i) plans for restoration and construc7 tion; and

8 (ii) specific commitments of the part9 ners for the first 5 years of operation.

10 (D) An analysis of ways in which local,

11 State, and Federal programs may best be coordi12 nated to promote the purposes of this Act.

13 (E) An interpretation plan for the Heritage

14 Area.

15 (5) SUBMISSION TO SECRETARY FOR AP16 PROVAL.—

17 (A) IN GENERAL.—Not later than the last

18 day of the 3-year period beginning on the date

19 of enactment of this Act, the management entity

20 shall submit the management plan to the Sec21 retary for approval.

22 (B) EFFECT OF FAILURE TO SUBMIT.—If a

23 management plan is not submitted to the Sec24 retary by the day referred to in subparagraph

25 (A), the Secretary shall not, after that day, pro-
20

HR 940 RS

1 vide any grant or other assistance under this

2 Title with respect to the Heritage Area until a

3 management plan for the Heritage Area is sub4 mitted to the Secretary.

5 (c) DUTIES OF MANAGEMENT ENTITY.—The manage6 ment entity shall—

7 (1) give priority to implementing actions speci8 fied in the compact and management plan, including

9 steps to assist units of government and nonprofit or10 ganizations in preserving the Heritage Area;

11 (2) assist units of government and nonprofit or12 ganizations in—

13 (A) establishing and maintaining interpre14 tive exhibits in the Heritage Area;

15 (B) developing recreational resources in the

16 Heritage Area;

17 (C) increasing public awareness of and ap18 preciation for the historical, natural, and archi19 tectural resources and sites in the Heritage Area;

20 and

21 (D) restoring historic buildings that relate

22 to the purposes of the Heritage Area;

23 (3) encourage economic viability in the Heritage

24 Area consistent with the goals of the management

25 plan;
21

HR 940 RS

1 (4) encourage local governments to adopt land

2 use policies consistent with the management of the

3 Heritage Area and the goals of the management plan;

4 (5) assist units of government and nonprofit or5 ganizations to ensure that clear, consistent, and envi6 ronmentally appropriate signs identifying access

7 points and sites of interest are placed throughout the

8 Heritage Area;

9 (6) consider the interests of diverse governmental,

10 business, and nonprofit groups within the Heritage

11 Area;

12 (7) conduct public meetings not less often than

13 quarterly concerning the implementation of the man14 agement plan;

15 (8) submit substantial amendments (including

16 any increase of more than 20 percent in the cost esti17 mates for implementation) to the management plan

18 to the Secretary for the Secretary’s approval; and

19 (9) for each year in which Federal funds have

20 been received under this Title—

21 (A) submit a report to the Secretary that

22 specifies—

23 (i) the accomplishments of the manage24 ment entity; and
22

HR 940 RS

1 (ii) the expenses and income of the

2 management entity;

3 (B) make available to the Secretary for

4 audit all records relating to the expenditure of

5 such funds and any matching funds; and

6 (C) require, with respect to all agreements

7 authorizing expenditure of Federal funds by

8 other organizations, that the receiving organiza9 tions make available to the Secretary for audit

10 all records concerning the expenditure of such

11 funds.

12 (d) USE OF FEDERAL FUNDS.—

13 (1) FUNDS MADE AVAILABLE UNDER THIS

14 TITLE.—The management entity shall not use Federal

15 funds received under this Title to acquire real prop16 erty or any interest in real property.

17 (2) FUNDS FROM OTHER SOURCES.—Nothing in

18 this Title precludes the management entity from

19 using Federal funds obtained through law other than

20 this Title for any purpose for which the funds are au21 thorized to be used.

22 SEC. 107. DUTIES AND AUTHORITIES OF FEDERAL AGEN23 CIES.

24 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—
23

HR 940 RS

1 (1) PROVISION OF ASSISTANCE.—The Secretary

2 may, at the request of the management entity, provide

3 technical and financial assistance to the management

4 entity to develop and implement the management

5 plan.

6 (2) PRIORITY IN ASSISTANCE.—In assisting the

7 management entity, the Secretary shall give priority

8 to actions that assist in—

9 (A) conserving the significant historical,

10 cultural, and natural resources that support the

11 purpose of the Heritage Area; and

12 (B) providing educational, interpretive, and

13 recreational opportunities consistent with the re14 sources and associated values of the Heritage

15 Area.

16 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

17 PLANS.—

18 (1) IN GENERAL.—The Secretary, in consultation

19 with the Governor of the Commonwealth of Pennsyl20 vania, shall approve or disapprove a management

21 plan submitted under this Title not later than 90

22 days after receipt of the management plan.

23 (2) ACTION FOLLOWING DISAPPROVAL.—

24 (A) IN GENERAL.—If the Secretary dis25 approves a management plan, the Secretary
24

HR 940 RS

1 shall advise the management entity in writing of

2 the reasons for the disapproval and shall make

3 recommendations for revisions to the manage4 ment plan.

5 (B) DEADLINE FOR APPROVAL OF REVI6 SION.—The Secretary shall approve or dis7 approve a proposed revision within 90 days after

8 the date on which the revision is submitted to the

9 Secretary.

10 (c) APPROVAL OF AMENDMENTS.—

11 (1) REVIEW.—The Secretary shall review sub12 stantial amendments (as determined under section

13 6(c)(8)) to the management plan for the Heritage

14 Area.

15 (2) REQUIREMENT OF APPROVAL.—Funds made

16 available under this Title shall not be expended to im17 plement the amendments described in paragraph (1)

18 until the Secretary approves the amendments.

19 SEC. 108. SUNSET PROVISION.

20 The Secretary shall not provide any grant or other as21 sistance under this Title after September 30, 2012.

22 SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

23 (a) IN GENERAL.—There is authorized to be appro24 priated to carry out this Title $10,000,000, except that not
25

HR 940 RS

1 more than $1,000,000 may be appropriated to carry out

2 this Title for any fiscal year.

3 (b) 50 PERCENT MATCH.—The Federal share of the

4 cost of activities carried out using any assistance or grant

5 under this Title shall not exceed 50 percent.

6 TITLE II—SCHUYLKILL RIVER

7 VALLEY NATIONAL HERITAGE

8 AREA

9 SEC. 201. SHORT TITLE.

10 This title may be cited as the ‘‘Schuylkill River Valley

11 National Heritage Area Act.’’

12 SEC. 202. FINDINGS AND PURPOSE.

13 (a) FINDINGS.—Congress finds that—

14 (1) the Schuylkill River Valley made a unique

15 contribution to the cultural, political, and industrial

16 development of the United States;

17 (2) the Schuylkill River is distinctive as the first

18 spine of modern industrial development in Pennsyl19 vania and 1 of the first in the United States;

20 (3) the Schuylkill River Valley played a signifi21 cant role in the struggle for nationhood;

22 (4) the Schuylkill River Valley developed a pros23 perous and productive agricultural economy that sur24 vives today;
26

HR 940 RS

1 (5) the Schuylkill River Valley developed a char2 coal iron industry that made Pennsylvania the center

3 of the iron industry within the North American colo4 nies;

5 (6) the Schuylkill River Valley developed into a

6 significant anthracite mining region that continues to

7 thrive today;

8 (7) the Schuylkill River Valley developed early

9 transportation systems, including the Schuylkill

10 Canal and the Reading Railroad;

11 (8) the Schuylkill River Valley developed a sig12 nificant industrial base, including textile mills and

13 iron works;

14 (9) there is a longstanding commitment to—

15 (A) repairing the environmental damage to

16 the river and its surrounding caused by the

17 largely unregulated industrial activity; and

18 (B) completing the Schuylkill River Trail

19 along the 128-mile corridor of the Schuylkill Val20 ley;

21 (10) there is a need to provide assistance for the

22 preservation and promotion of the significance of the

23 Schuylkill River as a system for transportation, agri24 culture, industry, commerce, and immigration; and
27

HR 940 RS

1 (11)(A) the Department of the Interior is respon2 sible for protecting the Nation’s cultural and histor3 ical resources; and

4 (B) there are significant examples of such re5 sources within the Schuylkill River Valley to merit

6 the involvement of the Federal Government in the de7 velopment of programs and projects, in cooperation

8 with the Schuylkill River Greenway Association, the

9 State of Pennsylvania, and other local and govern10 mental bodies, to adequately conserve, protect, and in11 terpret this heritage for future generations, while pro12 viding opportunities for education and revitalization.

13 (b) PURPOSES.—The purposes of this title are—

14 (1) to foster a close working relationship with all

15 levels of government, the private sector, and the local

16 communities in the Schuylkill River Valley of south17 eastern Pennsylvania and enable the communities to

18 conserve their heritage while continuing to pursue

19 economic opportunities; and

20 (2) to conserve, interpret, and develop the histor21 ical, cultural, natural, and recreational resources re22 lated to the industrial and cultural heritage of the

23 Schuylkill River Valley of southeastern Pennsylvania.

24 SEC. 203. DEFINITIONS.

25 In this title:
28

HR 940 RS

1 (1) COOPERATIVE AGREEMENT.—The term ‘‘co2 operative agreement’’ means the cooperative agree3 ment entered into under section 204(d).

4 (2) HERITAGE AREA.—The term ‘‘Heritage

5 Area’’ means the Schuylkill River Valley National

6 Heritage Area established by section 204.

7 (3) MANAGEMENT ENTITY.—The term ‘‘manage8 ment entity’’ means the management entity of the

9 Heritage Area appointed under section 204(c).

10 (4) MANAGEMENT PLAN.—The term ‘‘manage11 ment plan’’ means the management plan for the Her12 itage Area developed under section 205.

13 (5) SECRETARY.—The term ‘‘Secretary’’ means

14 the Secretary of the Interior.

15 (6) STATE.—The term ‘‘State’’ means the State

16 of Pennsylvania.

17 SEC. 204. ESTABLISHMENT.

18 (a) IN GENERAL.—For the purpose of preserving and

19 interpreting for the educational and inspirational benefit

20 of present and future generations certain land and struc21 tures with unique and significant historical and cultural

22 value associated with the early development of the Schuyl23 kill River Valley, there is established the Schuylkill River

24 Valley National Heritage Area.
29

HR 940 RS

1 (b) BOUNDARIES.—The Heritage Area shall be com2 prised of the Schuylkill River watershed within the counties

3 of Schuylkill, Berks, Montgomery, Chester, and Philadel4 phia, Pennsylvania, as delineated by the Secretary.

5 (c) MANAGEMENT ENTITY.—The management entity

6 for the Heritage Area shall be the Schuylkill River Green7 way Association.

8 (d) COOPERATIVE AGREEMENT.—

9 (1) IN GENERAL.—To carry out this title, the

10 Secretary shall enter into a cooperative agreement

11 with the management entity.

12 (2) CONTENTS.—The cooperative agreement shall

13 include information relating to the objectives and

14 management of the Heritage Area, including—

15 (A) a description of the goals and objectives

16 of the Heritage Area, including a description of

17 the approach to conservation and interpretation

18 of the Heritage Area;

19 (B) an identification and description of the

20 management entity that will administer the

21 Heritage Area; and

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

23 SEC. 205. MANAGEMENT PLAN.

24 (a) IN GENERAL.—Not later than 3 years after the

25 date of enactment of this title, the management entity shall
30

HR 940 RS

1 submit to the Secretary for approval a management plan

2 for the Heritage Area that presents comprehensive rec3 ommendations for the conservation, funding, management,

4 and development of the Heritage Area.

5 (b) REQUIREMENTS.—The management plan shall—

6 (1) take into consideration State, county, and

7 local plans;

8 (2) involve residents, public agencies, and pri9 vate organizations working in the Heritage Area;

10 (3) specify, as of the date of the plan, existing

11 and potential sources of funding to protect, manage,

12 and develop the Heritage Area; and

13 (4) include—

14 (A) actions to be undertaken by units of

15 government and private organizations to protect

16 the resources of the Heritage Area;

17 (B) an inventory of the resources contained

18 in the Heritage Area, including a list of any

19 property in the Heritage Area that is related to

20 the themes of the Heritage Area and that should

21 be preserved, restored, managed, developed, or

22 maintained because of its natural, cultural, his23 torical, recreational, or scenic significance;

24 (C) a recommendation of policies for re25 source management that considers and details
31

HR 940 RS

1 application of appropriate land and water man2 agement techniques, including the development of

3 intergovernmental cooperative agreements to pro4 tect the historical, cultural, recreational, and

5 natural resources of the Heritage Area in a man6 ner consistent with supporting appropriate and

7 compatible economic viability;

8 (D) a program for implementation of the

9 management plan by the management entity;

10 (E) an analysis of ways in which local,

11 State, and Federal programs may best be coordi12 nated to promote the purposes of this title; and

13 (F) an interpretation plan for the Heritage

14 Area.

15 (c) DISQUALIFICATION FROM FUNDING.—If a manage16 ment plan is not submitted to the Secretary on or before

17 the date that is 3 years after the date of enactment of this

18 title, the Heritage Area shall be ineligible to receive Federal

19 funding under this title until the date on which the Sec20 retary receives the management plan.

21 (d) UPDATE OF PLAN.—In lieu of developing an origi22 nal management plan, the management entity may update

23 and submit to the Secretary the Schuylkill Heritage Cor24 ridor Management Action Plan that was approved by the
32

HR 940 RS

1 State in March, 1995, to meet the requirements of this sec2 tion.

3 SEC. 206. AUTHORITIES AND DUTIES OF THE MANAGEMENT

4 ENTITY.

5 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.—

6 For purposes of preparing and implementing the manage7 ment plan, the management entity may—

8 (1) make grants to, and enter into cooperative

9 agreements with, the State and political subdivisions

10 of the State, private organizations, or any person;

11 and

12 (2) hire and compensate staff.

13 (b) DUTIES OF THE MANAGEMENT ENTITY.—The

14 management entity shall—

15 (1) develop and submit the management plan

16 under section 205;

17 (2) give priority to implementing actions set

18 forth in the cooperative agreement and the manage19 ment plan, including taking steps to—

20 (A) assist units of government, regional

21 planning organizations, and nonprofit organiza22 tions in—

23 (i) preserving the Heritage Area;

24 (ii) establishing and maintaining in25 terpretive exhibits in the Heritage Area;
33

HR 940 RS

1 (iii) developing recreational resources

2 in the Heritage Area;

3 (iv) increasing public awareness of

4 and, appreciation for, the natural, histor5 ical, and architectural resources and sites

6 in the Heritage Area;

7 (v) restoring historic buildings relating

8 to the themes of the Heritage Area; and

9 (vi) ensuring that clear, consistent,

10 and environmentally appropriate signs

11 identifying access points and sites of inter12 est are installed throughout the Heritage

13 Area;

14 (B) encourage economic viability in the

15 Heritage Area consistent with the goals of the

16 management plan; and

17 (C) encourage local governments to adopt

18 land use policies consistent with the management

19 of the Heritage Area and the goals of the man20 agement plan;

21 (3) consider the interests of diverse governmental,

22 business, and nonprofit groups within the Heritage

23 Area;

24 (4) conduct public meetings at least quarterly re25 garding the implementation of the management plan;
34

HR 940 RS

1 (5) submit substantial changes (including any

2 increase of more than 20 percent in the cost estimates

3 for implementation) to the management plan to the

4 Secretary for the approval of the Secretary; and

5 (6) for any fiscal year in which Federal funds

6 are received under this title—

7 (A) submit to the Secretary a report

8 describing—

9 (i) the accomplishments of the manage10 ment entity;

11 (ii) the expenses and income of the

12 management entity; and

13 (iii) each entity to which the manage14 ment entity made any grant during the fis15 cal year;

16 (B) make available for audit all records

17 pertaining to the expenditure of Federal funds

18 and any matching funds, and require, for all

19 agreements authorizing expenditure of Federal

20 funds by organizations other than the manage21 ment entity, that the receiving organizations

22 make available for audit all records pertaining

23 to the expenditure of such funds; and

24 (C) require, for all agreements authorizing

25 expenditure of Federal funds by organizations
35

HR 940 RS

1 other than the management entity, that the re2 ceiving organizations make available for audit

3 all records pertaining to the expenditure of Fed4 eral funds.

5 (c) USE OF FEDERAL FUNDS.—

6 (1) IN GENERAL.—The management entity shall

7 not use Federal funds received under this title to ac8 quire real property or an interest in real property.

9 (2) OTHER SOURCES.—Nothing in this title pre10 cludes the management entity from using Federal

11 funds from other sources for their permittee purposes.

12 (d) SPENDING FOR NON-FEDERALLY OWNED PROP13 ERTY.—The management entity may spend Federal funds

14 directly on non-federally owned property to further the pur15 poses of this title, especially in assisting units of govern16 ment in appropriate treatment of districts, sites, buildings,

17 structures, and objects listed or eligible for listing on the

18 National Register of Historic Places.

19 SEC. 207. DUTIES AND AUTHORITIES OF FEDERAL AGEN20 CIES.

21 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

22 (1) IN GENERAL.—At the request of the manage23 ment entity, the Secretary may provide technical and

24 financial assistance to the Heritage Area to develop

25 and implement the management plan.
36

HR 940 RS

1 (2) PRIORITIES.—In assisting the management

2 entity, the Secretary shall give priority to actions

3 that assist in—

4 (A) conserving the significant natural, his5 torical, and cultural resources that support the

6 themes of the Heritage Area; and

7 (B) providing educational, interpretive, and

8 recreational opportunities consistent with the re9 sources and associated values of the Heritage

10 Area.

11 (b) APPROVAL AND DISAPPROVAL OF COOPERATIVE

12 AGREEMENTS AND MANAGEMENT PLANS.—

13 (1) IN GENERAL.—Not later than 90 days after

14 receiving a cooperative agreement or management

15 plan submitted under this title, the Secretary, in con16 sultation with the Governor of the State, shall ap17 prove or disapprove the cooperative agreement or

18 management plan.

19 (2) MANAGEMENT PLAN CONTENTS.—In reviewing

20 the plan, the Secretary shall consider whether the

21 composition of the management entity and the plan

22 adequately reflect diverse interest of the region, in23 cluding those of—

24 (A) local elected officials,

25 (B) the State,
37

HR 940 RS

1 (C) business and industry groups,

2 (D) organizations interested in the protection

3 of natural and cultural resources, and

4 (E) other community organizations and indi5 vidual stakeholders.

6 (3) ACTION FOLLOWING DISAPPROVAL.—

7 (A) IN GENERAL.—If the Secretary dis8 approves a cooperative agreement or manage9 ment plan, the Secretary shall—

10 (i) advise the management entity in writ11 ing of the reasons for the disapproval; and

12 (ii) make recommendations for revisions

13 in the cooperative agreement of plan.

14 (B) TIME PERIOD FOR DISAPPROVAL.—Not

15 later than 90 days after the date on which a re16 vision described under subparagraph (A)(ii) is

17 submitted, the Secretary shall approve or dis18 approve the proposed revision.

19 (c) APPROVAL OF AMENDMENTS.—

20 (1) IN GENERAL.—The Secretary shall review

21 and approve substantial amendments to the manage22 ment plan.

23 (2) FUNDING EXPENDITURE LIMITATION.—Funds

24 appropriated under this title may not be expended to
38

HR 940 RS

1 implement any substantial amendment until the Sec2 retary approves the amendment.

3 SEC. 208. CULTURE AND HERITAGE OF ANTHRACITE COAL

4 REGION.

5 (a) IN GENERAL.—The management entities of heritage

6 areas (other than the Heritage Area) in the anthracite coal

7 region in the State shall cooperate in the management of

8 the Heritage Area.

9 (b) FUNDING.—Management entities described in sub10 section (a) may use funds appropriated for management

11 of the Heritage Area to carry out this section.

12 SEC. 209. SUNSET.

13 The Secretary may not make any grant or provide any

14 assistance under this title after the date that is 15 years

15 after the date of enactment of this title.

16 SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

17 (a) IN GENERAL.—There are authorized to be appro18 priated to carry out this title not more than $10,000,000,

19 of which not more than $1,000,000 is authorized to be ap20 propriated for any 1 fiscal year.

21 (b) FEDERAL SHARE.—Federal funding provided

22 under this title may not exceed 50 percent of the total cost

23 of any project or activity funded under this title.
39

HR 940 RS

Amend the title so as to read: ‘‘To designate the

Lackawanna Valley and the Schuylkill River National

Heritage Areas, and for other purposes.’’.

Passed the House of Representatives September 13,

1999.

Attest: JEFF TRANDAHL,

Clerk.
Calendar No. 681

106TH CONGRESS

2D SESSION H. R. 940

[Report No. 106–342]

AN ACT

To designate the Lackawanna Valley National

Heritage Area, and for other purposes.

JULY 12, 2000

Reported with an amendment and an amendment to the

title