I

106TH CONGRESS

1ST SESSION H. R. 940

To establish the Lackawanna Heritage Valley American Heritage Area.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1999

Mr. SHERWOOD introduced the following bill; which was referred to the

Committee on Resources

A BILL

To establish the Lackawanna Heritage Valley American

Heritage Area.

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 Heritage Area Act of 1999’’.

6 SEC. 2. FINDINGS AND PURPOSE.

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

8 (1) The industrial and cultural heritage of

9 northeastern Pennsylvania inclusive of Lackawanna,

10 Luzerne, Wayne, and Susquehanna counties, related

11 directly to anthracite and anthracite-related indus-
2

•HR 940 IH

1 tries, is nationally significant, as documented in the

2 United States Department of the Interior-National

3 Parks Service, National Register of Historic Places,

4 Multiple Property Documentation submittal of the

5 Pennsylvania Historic and Museum Commission

6 (1996).

7 (2) These industries include anthracite mining,

8 ironmaking, textiles, and rail transportation.

9 (3) The industrial and cultural heritage of the

10 anthracite and related industries in this region in11 cludes the social history and living cultural tradi12 tions of the people of the region.

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

14 significant role in the development of the Nation in15 cluding the formation of many key unions such as

16 the United Mine Workers of America, and crucial

17 struggles to improve wages and working conditions,

18 such as the 1900 and 1902 anthracite strikes.

19 (5) The Department of the Interior is respon20 sible for protecting the Nation’s cultural and historic

21 resources, and there are significant examples of

22 these resources within this 4-county region to merit

23 the involvement of the Federal Government to de24 velop programs and projects, in cooperation with the

25 Lackawanna Heritage Valley Authority, the Com-
3

•HR 940 IH

1 monwealth of Pennsylvania, and other local and gov2 ernmental bodies, to adequately conserve, protect,

3 and interpret this heritage for future generations,

4 while providing opportunities for education and revi5 talization.

6 (6) The Lackawanna Heritage Valley Authority

7 would be an appropriate management entity for a

8 Heritage Area established in the region.

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

10 Heritage Valley American Heritage Area are as follows:

11 (1) To foster a close working relationship with

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

13 local communities in the anthracite coal region of

14 northeastern Pennsylvania and empower the commu15 nities to conserve their heritage while continuing to

16 pursue economic opportunities.

17 (2) To conserve, interpret, and develop the his18 torical, cultural, natural, and recreational resources

19 related to the industrial and cultural heritage of the

20 4-county region of northeastern Pennsylvania.

21 SEC. 3. LACKAWANNA HERITAGE VALLEY AMERICAN HER22 ITAGE AREA.

23 (a) ESTABLISHMENT.—There is hereby established

24 the Lackawanna Heritage Valley American Heritage Area

25 (in this Act referred to as the ‘‘Heritage Area’’).
4

•HR 940 IH

1 (b) BOUNDARIES.—The Heritage Area shall be com2 prised of all or parts of the counties of Lackawanna,

3 Luzerne, Wayne, and Susquehanna in Pennsylvania, de4 termined pursuant to the compact under section 4.

5 (c) MANAGEMENT ENTITY.—The management entity

6 for the Heritage Area shall be the Lackawanna Heritage

7 Valley Authority.

8 SEC. 4. COMPACT.

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

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

11 shall enter into a compact with the management entity.

12 The compact shall include information relating to the ob13 jectives and management of the area, including each of

14 the following:

15 (1) A delineation of the boundaries of the Her16 itage Area.

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

18 the Heritage Area, including an explanation of the

19 proposed approach to conservation and interpreta20 tion and a general outline of the protection measures

21 committed to by the partners.

22 SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT EN23 TITY.

24 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.—

25 The management entity may, for purposes of preparing
5

•HR 940 IH

1 and implementing the management plan developed under

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

3 for the following:

4 (1) To make loans and grants to, and enter

5 into cooperative agreements with States and their

6 political subdivisions, private organizations, or any

7 person.

8 (2) To hire and compensate staff.

9 (b) MANAGEMENT PLAN.—The management entity

10 shall develop a management plan for the Heritage Area

11 that presents comprehensive recommendations for the

12 Heritage Area’s conservation, funding, management, and

13 development. Such plan shall take into consideration exist14 ing State, county, and local plans and involve residents,

15 public agencies, and private organizations working in the

16 Heritage Area. It shall include actions to be undertaken

17 by units of government and private organizations to pro18 tect the resources of the Heritage Area. It shall specify

19 the existing and potential sources of funding to protect,

20 manage, and develop the Heritage Area. Such plan shall

21 include, as appropriate, the following:

22 (1) An inventory of the resources contained in

23 the Heritage Area, including a list of any property

24 in the Heritage Area that is related to the themes

25 of the Heritage Area and that should be preserved,
6

•HR 940 IH

1 restored, managed, developed, or maintained because

2 of its natural, cultural, historic, recreational, or sce3 nic significance.

4 (2) A recommendation of policies for resource

5 management which considers and details application

6 of appropriate land and water management tech7 niques, including, but not limited to, the develop8 ment of intergovernmental cooperative agreements to

9 protect the Heritage Area’s historical, cultural, rec10 reational, and natural resources in a manner consist11 ent with supporting appropriate and compatible eco12 nomic viability.

13 (3) A program for implementation of the man14 agement plan by the management entity, including

15 plans for restoration and construction, and specific

16 commitments of the identified partners for the first

17 5 years of operation.

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

19 and Federal programs may best be coordinated to

20 promote the purposes of this Act.

21 (5) An interpretation plan for the Heritage

22 Area.

23 The management entity shall submit the management

24 plan to the Secretary for approval within 3 years after

25 the date of enactment of this Act. If a management plan
7

•HR 940 IH

1 is not submitted to the Secretary as required within the

2 specified time, the Heritage Area shall no longer qualify

3 for Federal funding.

4 (c) DUTIES OF MANAGEMENT ENTITY.—The man5 agement entity shall—

6 (1) give priority to implementing actions set

7 forth in the compact and management plan, includ8 ing steps to assist units of government, regional

9 planning organizations, and nonprofit organizations

10 in preserving the Heritage Area;

11 (2) assist units of government, regional plan12 ning organizations, and nonprofit organizations in

13 establishing and maintaining interpretive exhibits in

14 the Heritage Area; assist units of government, re15 gional planning organizations, and nonprofit organi16 zations in developing recreational resources in the

17 Heritage Area;

18 (3) assist units of government, regional plan19 ning organizations, and nonprofit organizations in

20 increasing public awareness of and appreciation for

21 the natural, historical, and architectural resources

22 and sites in the Heritage Area; assist units of gov23 ernment, regional planning organizations and non24 profit organizations in the restoration of any historic

25 building relating to the themes of the Heritage Area;
8

•HR 940 IH

1 (4) encourage by appropriate means economic

2 viability in the Heritage Area consistent with the

3 goals of the plan; encourage local governments to

4 adopt land use policies consistent with the manage5 ment of the Heritage Area and the goals of the plan;

6 (5) assist units of government, regional plan7 ning organizations, and nonprofit organizations to

8 ensure that clear, consistent, and environmentally

9 appropriate signs identifying access points and sites

10 of interest are put in place throughout the Heritage

11 Area;

12 (6) consider the interests of diverse govern13 mental, business, and nonprofit groups within the

14 Heritage Area;

15 (7) conduct public meetings at least quarterly

16 regarding the implementation of the management

17 plan;

18 (8) submit substantial changes (including any

19 increase of more than 20 percent in the cost esti20 mates for implementation) to the management plan

21 to the Secretary for the Secretary’s approval; for

22 any year in which Federal funds have been received

23 under this Act, submit an annual report to the Sec24 retary setting forth its accomplishments, its ex25 penses and income, and the entity to which any
9

•HR 940 IH

1 loans and grants were made during the year for

2 which the report is made; and

3 (9) for any year in which Federal funds have

4 been received under this Act, make available for

5 audit all records pertaining to the expenditure of

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

7 all agreements authorizing expenditure of Federal

8 funds by other organizations, that the receiving or9 ganizations make available for audit all records per10 taining to the expenditure of such funds.

11 (d) PROHIBITION ON THE ACQUISITION OF REAL

12 PROPERTY.—The management entity may not use Fed13 eral funds received under this Act to acquire real property

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

15 preclude any management entity from using Federal funds

16 from other sources for their permitted purposes.

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

18 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

19 (1) IN GENERAL.—The Secretary may, upon re20 quest of the management entity, provide technical

21 and financial assistance to the management entity to

22 develop and implement the management plan. In as23 sisting the management entity, the Secretary shall

24 give priority to actions that in general assist in—
10

•HR 940 IH

1 (A) conserving the significant natural, his2 toric, and cultural resources which support its

3 themes; and

4 (B) providing educational, interpretive, and

5 recreational opportunities consistent with its re6 sources and associated values.

7 (2) SPENDING FOR NON-FEDERALLY OWNED

8 PROPERTY.—The Secretary may spend Federal

9 funds directly on non-federally owned property to

10 further the purposes of this Act, especially in assist11 ing units of government in appropriate treatment of

12 districts, sites, buildings, structures, and objects list13 ed or eligible for listing on the National Register of

14 Historic Places. The Historic American Building

15 Survey/Historic American Engineering Record shall

16 conduct those studies necessary to document the in17 dustrial, engineering, building, and architectural his18 tory of the region.

19 (b) APPROVAL AND DISAPPROVAL OF COMPACTS AND

20 MANAGEMENT PLANS.—The Secretary, in consultation

21 with the Governor of Pennsylvania, shall approve or dis22 approve a compact or management plan submitted under

23 this Act not later than 90 days after receiving such com24 pact or management plan.
11

•HR 940 IH

1 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec2 retary disapproves a submitted compact or management

3 plan, the Secretary shall advise the management entity in

4 writing of the reasons therefor and shall make rec5 ommendations for revisions in the compact or plan. The

6 Secretary shall approve or disapprove a proposed revision

7 within 90 days after the date it is submitted.

8 (d) APPROVING AMENDMENTS.—The Secretary shall

9 review substantial amendments to the management plan

10 for the Heritage Area. Funds appropriated pursuant to

11 this Act may not be expended to implement the changes

12 made by such amendments until the Secretary approves

13 the amendments.

14 SEC. 7. SUNSET.

15 The Secretary may not make any grant or provide

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

17 SEC. 8. 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. Not more than a total of $10,000,000 may

21 be appropriated for the Heritage Area under this Act.

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

23 under this Act, after the designation of the Heritage Area,
12

•HR 940 IH

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

Æ