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
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(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.
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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
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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.
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(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.
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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
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(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.
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(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;
H. R. 940—9

(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.
H. R. 940—10

(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.
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(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.