79–010

Calendar No. 680

106TH CONGRESS REPORT

2d Session " ! SENATE 106–341

WHEELING NATIONAL HERITAGE AREA ACT OF 2000

JULY 12, 2000.—Ordered to be printed

Mr. MURKOWSKI, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

[To accompany S. 2247]

The Committee on Energy and Natural Resources, to which was

referred the bill (S. 2247) to establish the Wheeling National Heritage Area in the State of West Virginia, and for other purposes,

having considered the same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass.

The amendments are as follows:

1. On page 7, line 11, strike ‘‘a’’.

2. On page 8, line 19, strike ‘‘loans or’’.

3. On page 9, line 11, strike ‘‘to’’.

4. On page 10, after line 7, insert the following:

‘‘(f) REVISION OF PLAN.—Within 18 months after the date of enactment, the management entity shall submit to the Secretary a revised plan. Such revision shall include, but not be limited to—

‘‘(1) a review of the implementation agenda for the heritage area;

‘‘(2) projected capital costs; and

‘‘(3) plans for partnership initiatives and expansion of community support.’’.

5. On page 10, line 15 strike ‘‘shall,’’ and insert in lieu thereof ‘‘may,’’.

6. On page 10, line 19, strike ‘‘, LOANS’’.

7. On page 10, line 22, strike ‘‘loans and’’.

8. On page 11, strike lines 21 and 22 and insert the following:

‘‘(a) IN GENERAL.—There is authorized to be appropriated to carry out this Act

$10,000,000, except that not more than $1,000,000 may be appropriated to carry out

this Act for any fiscal year.

‘‘(b) MATCHING FUNDS.—Federal funding provided under this Act shall be matched

at least 25 percent by other funds or in-kind services.

‘‘SEC. 9. SUNSET.

‘‘The Secretary may not make any grant or provide any assistance under this Act

after September 30, 2015.’’.

PURPOSE OF THE MEASURE

The purpose of S. 2247 is to establish the Wheeling National

Heritage Area in the State of West Virginia and designate the

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Wheeling National Heritage Area Corporation as the management

entity. The Secretary of the Interior is authorized to provide interpretive, technical, and financial assistance.

BACKGROUND AND NEED

The area in and around the city of Wheeling, West Virginia possesses important historical, cultural, and natural resources representing major heritage themes of transportation, commerce and

industry, and the Victorian culture in the United States. Wheeling

served as the western terminus of the National Road of the early

1800’s, was one of the few major inland ports during the nineteenth century, and played an important role in the industrial and

commercial heritage of the United States through the development

of industries such as iron and steel, textile manufacturing, and others.

In 1990, the city of Wheeling, the Wheeling Community, and the

State of West Virginia, with assistance from the National Park

Service, formed the Wheeling Heritage Area Task Force to identify

opportunities for conserving and developing the city’s resources.

The Task Force produced the Wheeling Heritage Concept Plan,

which explored Wheeling’s history along with its many natural and

cultural resources. In the spring of 1991, the Task Force commissioned a Development/Action Plan to determine how best to tell

Wheeling’s unique story using the city’s heritage resources. The

plan provides the blueprint for the Heritage Area and recommends

that Wheeling’s significant resources and story be recognized

through the establishment of the Wheeling National Heritage Area.

Once completed, the operation of the Heritage Area is designed to

be locally managed and financially self-sustaining.

LEGISLATIVE HISTORY

S. 2247 was introduced by Senator Byrd on March 9, 2000. Testimony from witnesses on this bill was included in the record of the

hearing held by the Subcommittee on National Parks, Historic

Preservation, and Recreation on May 25, 2000. At its business

meeting on June 7, 2000, the Committee on Energy and Natural

Resources ordered S. 2247, as amended, favorably reported.

COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Committee on Energy and Natural Resources, in open business session on June 7, 2000, by a unanimous vote of a quorum

present, recommends that the Senate pass S. 2247, if amended as

described herein.

COMMITTEE AMENDMENTS

During the consideration of S. 2247, the Committee adopted

amendments which made several technical and clarifying changes.

The amendments also incorporate several other provisions which

have become standard in authorizations for other heritage areas.

The provisions include a requirement that the management entity

submit a management plan to the Secretary, that the heritage area

be subject to standard appropriation ceilings and matching fund requirements, and that the authority for Federal financial assistance

terminate 15 years after the date of enactment.

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SECTION-BY-SECTION ANALYSIS

Section 1 designates the bill’s short title as the ‘‘Wheeling National Heritage Area Act of 2000.’’

Section 2(a) contains congressional findings.

Subsection (b) describes the purposes of the Act. The purposes

are as follows: (1) to recognize the importance to the Nation of the

history and development of the Wheeling area; (2) to provide a

framework to assist the city of Wheeling and other entities to preserve, enhance, and interpret the area’s resources; (3) to provide

limited Federal, State, and local financial assistance for planning

and infrastructure; and (4) to provide for an economically self-sustaining National Heritage Area that is not dependent on Federal

funding beyond its initial years.

Section 3 defines key terms used in the Act.

Section 4(a) establishes the Wheeling National Heritage Area.

Subsection (b) designates the management entity for the heritage

area as the Wheeling National Heritage Area Corporation.

Section 5(a) describes the primary mission of the management

entity in implementing and coordinating the recommendations of

the 1992 Plan for the Wheeling National Heritage Area, and in directing and coordinating the interpretation, conservation, and development of the heritage area’s resources.

Subsection (b) directs the management entity to work with the

State and local governments to ensure that the plan is formally

adopted by the city of Wheeling and recognized by the State.

Subsection (c) describes the specific responsibilities of the management entity with respect to implementing the plan.

Subsection (d) describes the authority of the management entity

with respect to the use of Federal funds made available under the

Act. The management entity may make grants, enter into cooperative agreements, and provide technical assistance to Federal agencies and State, city, or other public or private organizations, and

may hire and compensate staff. The management entity may also

obtain money from any source under any program or law requiring

them to make a contribution in order to receive the money, and

may spend funds on promotion and marketing and to contract for

goods and services.

Subsection (e) prohibits the management entity from acquiring

and real property or interest therein, other than leasing of facilities, except by gift or devise, or with money that is made available

to the management entity on the condition that it be used to purchase real property or interest therein within the heritage area.

Any property so acquired must be conveyed by the management entity, as soon as practicable, to an appropriate public or private entity on the condition that it will be used for public purposes.

Subsection (f) requires the management entity to submit a revised management plan for the Heritage Area to the Secretary

within 18 months after the date of enactment of this Act.

Section 6 authorizes the Secretary of the Interior to assist the

management entity by providing interpretive, planning, educational, and staffing support, and exhibits and other material support. The Secretary is also authorized to provide technical assistance, make grants, and enter into cooperative agreements with the

management entity, the State, city, non-profit organizations or any

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person. No amendments to the management plan may be made

without the Secretary’s approval.

Section 7 requires all Federal agencies conducting or supporting

activities that directly affect the heritage area to consult, cooperate,

and coordinate with the Secretary and the management entity to

the extent practicable, and to conduct their activities in a manner

that will not have an adverse effect on the heritage area.

Section 8 authorizes the appropriation of $10 million, with a $1

million limit for any fiscal year, subject to a 25 percent match of

funds or in-kind services.

Section 9 terminates the authority of the Secretary to make any

grant or provide any assistance under this Act after September 30,

2015.

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided

by the Congressional Budget Office:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, June 16, 2000.

Hon. FRANK H. MURKOWSKI,

Chairman, Committee on Energy and Natural Resources,

U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2247, the Wheeling National

Heritage Area Act of 2000.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contacts are Deborah Reis (for federal costs), and Jean Wooster (for the private-sector impact).

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

S. 2247—Wheeling National Heritage Area Act of 2000

S. 2247 would establish the Wheeling National Heritage Area in

Wheeling, West Virginia. The bill would designate the Wheeling

National Heritage Corporation as the management entity for the

area and direct this nonprofit organization to implement a previously developed management plan. The corporation would provide financial and technical assistance to state and local agencies

and other entities. The Secretary of the Interior would provide

technical assistance to the corporation and approve or disapprove

any amendments to the management plan. For these purposes, the

bill would authorize the appropriation of $10 million, not to exceed

$1 million annually over the next 15 years.

Assuming appropriation of the authorized amounts, CBO estimates that implementing S. 2247 would cost $10 million over the

next 10 to 15 years. The bill would not affect direct spending or receipts; therefore, pay-as-you-go procedures would not apply. S. 2247

contains no intergovernmental mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs

on state, local, or tribal governments.

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S. 2247 would impose private-sector mandates, as defined by

UMRA, on the Wheeling National Heritage Area Corporation. The

costs of the mandates would fall well below the annual threshold

established by UMRA for private-sector mandates ($109 million in

2000, adjusted annually for inflation). The bill would require the

corporation, as the management entity for the Heritage Area, to

implement the current management plan for the area and to submit a revised management plan to the Secretary of the Interior for

approval. The bill also would require that the management entity

assist local governments and other organizations in activities related to purposes of the area. S. 2247 also would impose specific

prohibitions on the management entity in the manner in which

they may acquired real property. According to the corporation, it

currently complies with most of the requirements in the bill. Further, based on information from the corporation and government

sources, the restrictions related to acquiring property would not

prevent the corporation from pursuing any planned purchases or

activities for the area. Thus, CBO estimates that the costs of the

mandates would fall well below the annual threshold established

by UMRA for private-sector mandates.

The CBO staff contacts for this estimate are Deborah Reis and

Ali Aslam (for federal costs), and Jean Wooster (for the private-sector impact). The estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing

Rules of the Senate, the Committee makes the following evaluation

of the regulatory impact which would be incurred in carrying out

S. 2247. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses.

No personal information would be collected in administering the

program. Therefore, there would be no impact on personal privacy.

Little, if any, additional paperwork would result from the enactment of S. 2247, as ordered reported.

EXECUTIVE COMMUNICATIONS

On, May 23, 2000, the Committee on Energy and Natural Resources requested legislative reports from the Department of the

Interior and the Office of Management and Budget setting forth

Executive agency recommendations on S. 2247. These reports had

not been received at the time the report on S. 2247 was filed. When

the reports become available, the Chairman will request that they

be printed in the Congressional Record for the advice of the Senate.

The testimony provided by the National Park Service at the Subcommittee hearing follows:

STATEMENT OF KATHERINE STEVENSON, ASSOCIATE DIRECTOR FOR CULTURAL RESOURCES STEWARDSHIP AND PARTNERSHIPS, NATIONAL PARK SERVICE, DEPARTMENT OF

THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear

before your committee today to present the views of the

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Department of the Interior on S. 2247, to establish the

Wheeling National Heritage Area in Wheeling, West Virginia.

The Department supports S. 2247, if amended as recommended by this testimony. The Administration objects

to the bill’s loan authority, which is not consistent with the

letter or the spirit of the Federal Credit Reform Act of

1990.

S. 2247 would provide the formal legislative charter for

a heritage area which is already established and has received support from Congress for the last decade through

annual appropriations. This legislation would establish the

Wheeling National Heritage Area and designate the

Wheeling National Heritage Area Corporation (WNHAC),

a non-profit corporation chartered in the State of West Virginia, as the management entity for the heritage area. It

would require WNHAC to implement and coordinate the

recommendations contained in the August 1992 Plan for

the Wheeling National Heritage Area, ensure integrated

operation of the heritage area, and conserve and interpret

the historic and cultural resources of the heritage area.

The legislation would authorize funding appropriated by

Congress to be used by the WNHAC for such purposes as

making loans or grants, paying staff, and doing promotion

and marketing.

As is the case with other areas that have been designated as national heritage areas by Congress, the city of

Wheeling is a place where natural, cultural, historic, and

scenic resources combine to form a cohesive, nationally distinctive landscape arising from patterns of human activity

that are shaped by geography. Through the development

and maintenance of many industries crucial to the nation’s

expansion, including iron and steel, textile manufacturing,

boat building, glass manufacturing, and tobacco manufacturing, Wheeling has played an important role in the industrial and commercial heritage of the United States.

Today, a mix of nationally, regionally, and locally significant sites illustrate an important chapter in United States

history.

Federal support for the effort to identify and conserve

cultural resources in Wheeling began with the development of the 1990 Concept Plan for the Wheeling Area,

with which the National Park Service assisted. That document, which included a statement of national significance

for the area, encouraged Congress to appropriate funds for

the development of a management action plan and other

early initiatives. The Wheeling National Heritage Area

was one of our nation’s first heritage areas to complete a

management plan and receive ongoing technical assistance

from the National Park Service.

The Wheeling National Heritage Area plan, completed in

1992, provided an inventory of the area’s resources, recommended policies for resource management and interpretation, and set forth a program for plan implementation.

For the past eight years, this plan, which was approved by

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the National Park Service, has guided WNHAC in its pursuit of appropriations and the expenditure of those funds

to implement projects.

The Wheeling National Heritage Area Corporation has

been successful in completing a number of large projects

that were described in their plan, including: • the renovation of an historic warehouse into a restaurant/museum/retail area; • the construction of a five-story intermodal transportation center that includes a visitor center with interpretive exhibits; • the design and implementation of the first phase

of the Wheeling Heritage Port—a new focal point for

the city and an attempt to reestablish river traffic

back to downtown Wheeling; • the renovation and lighting of the Wheeling Suspension bridge, a national historic landmark; • the development of interpretive exhibits in West

Virginia Independence Hall, also a national historic

landmark;

and many more smaller community-based and historic

preservation projects.

Wheeling has been fortunate to have superb local leadership, community support, and ongoing technical assistance

from the National Park Service. In addition, the funds appropriated by Congress have encouraged investment by the

private sector as well as matching funds from the city and

the state. In a relatively short amount of time, the work

that has been done as a result of having a national heritage area plan and a commission to implement it has made

a real impact on the preservation of the city’s cultural resources and in the quality of life that Wheeling-area residents enjoy.

While we support enacting legislation to authorize the

Wheeling National Heritage Area, we recommend six

changes to S. 2247 as introduced.

First, we object to the authority in section 5(d)(1) for the

management entity to use Federal funds to make loans to

various entities. No criteria or administrative guidelines

have been developed for heritage areas to ensure that the

taxpayers’ funds are being used properly. For management

entities with limited administrative resources, it would be

an administrative burden to set up payment schedules, underwriting, and loan servicing sufficient to provide confidence that a loan program is using Federal funds in an

accountable manner. We believe there are more effective

ways for management entities to use limited Federal funds

than creating loan programs.

Second, we strongly object to the authority in section

6(c) for the Secretary to make loans to the management

entity. Such loans would be subject to the Federal Credit

Reform Act of 1990, so it would require a significant investment to administer the loans, estimate subsidy costs,

and track loan payments. This would impose a new burden

on the National Park Service, which does not have this caVerDate 11-MAY-2000 07:08 Jul 14, 2000 Jkt 079010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6969 E:\HR\OC\SR341.XXX pfrm11 PsN: SR341
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pability, and would not be cost-effective for such a small

program. Establishing such a loan program without reference to the Federal Credit Reform Act or the capacity to

implement those procedures is not consistent with recent

credit reform efforts.

Third, we recommend requiring that the Wheeling National Heritage Area plan be updated and submitted to the

Secretary of the Interior within 18 months of enactment of

the bill. Under a requirement to update the plan, WNHAC

would review their original implementation agenda and

projected capital costs, and consider proposals for new

partnership initiatives that may not have been considered

in the original document. Updating the plan would give

the WNHAC a formal opportunity to take stock of what

has been accomplished, how the priorities of the community have evolved, and how community support for the heritage area can be broadened.

Fourth, we recommend that section 6(b) be revised so

that the Secretary may, not shall, provide technical assistance. There may be instances, such as the unavailability

of appropriated funds, where we cannot provide all of the

technical assistance requested by the management entity.

Fifth, we recommend changing the authorization of

funding for the Wheeling National Heritage Area to make

it consistent with the funding provisions that Congress

typically has used in establishing other national heritage

areas. The bill as introduced provides for the authorization

of ‘‘such sums as may be necessary’’ for the heritage area.

We recommend that the bill authorize not more than

$1,000,000 for any fiscal year, and not more than a total

of $10,000,000 over 15 years. We also recommend a 50 percent non-Federal match requirement.

Finally, we recommend that the Secretary’s authority to

provide assistance terminate in 2015. Adding this sunset

provision, like the authorization provisions suggested

above, would make this legislation consistent with other

legislation Congress has passed in recent years.

Amendments reflecting these proposed changes are attached to this statement.

Mr. Chairman, that concludes my statement. I would be

pleased to answer any questions you or other members of

the Subcommittee may have.

AMENDMENTS TO S. 2247, WHEELING NATIONAL HERITAGE

AREA, PROPOSED BY THE NATIONAL PARK SERVICE

Page 6, line 3, insert ‘‘Area’’ after ‘‘Heritage’’. [technical

amendment]

Page 8, line 19, strike ‘‘loans or’’.

Page 10, after line 7, insert the following:

‘‘(f) REVISION OF PLAN.—Within 18 months after the date

of enactment, the management entity shall submit to the

Secretary a revised plan. Such plan shall include, but not

be limited to—

‘‘(1) Review of the implementation agenda for the

heritage area;

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‘‘(2) Projected capital costs; and

‘‘(3) Plans for partnership initiatives and expansion

of community support.’’.

Page 10, line 15, strike ‘‘shall,’’ and insert in lieu thereof

‘‘may,’’.

Page 10, line 19, strike ‘‘, LOANS’’.

Page 10, line 22, strike ‘‘loans and’’.

Page 11, strike lines 21 and 22 and insert the following:

‘‘(a) IN GENERAL.—There is authorized to be appro- priated to carry out this Act $10,000,000, except that not

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

this Act for any fiscal year.

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

of activities carried out using any assistance or grant

under this Act shall not exceed 50 percent.’’.

Page 11, at end of bill, add the following:

‘‘SEC. 9. SUNSET.

‘‘The Secretary may not make any grant or provide any

assistance under this Act after September 30, 2015.’’.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 2247, as ordered reported.

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