59–010 

Calendar No. 373 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–175 

NATIONAL HERITAGE AREAS AND NATIONAL HERITAGE 

CORRIDORS TECHNICAL CORRECTIONS ACT OF 2007 

SEPTEMBER 17, 2007.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 817] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 817) to amend the Omnibus Parks and Public 

Lands Management Act of 1996 to provide additional authorizations for certain National Heritage Areas, and for other purposes, 

having considered the same, reports favorably thereon with an 

amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Heritage Areas and National Heritage 

Corridors Technical Corrections Act of 2007’’. 

SEC. 2. BOUNDARIES OF THE RIVERS OF STEEL NATIONAL HERITAGE AREA. 

Section 403(b) of the Steel Industry American Heritage Area Act of 1996 (16 

U.S.C. 461 note; Public Law 104–333) is amended by inserting ‘‘Butler,’’ before ‘‘Fayette’’. 

SEC. 3. OHIO & ERIE NATIONAL HERITAGE CANALWAY TECHNICAL CORRECTIONS. 

The Ohio & Erie Canal National Heritage Corridor Act of 1996 (16 U.S.C. 461 

note; Public Law 104–333) is amended— 

(1) by striking ‘‘Canal National Heritage Corridor’’ each place it appears and 

inserting ‘‘National Heritage Canalway’’; 

(2) by striking ‘‘the corridor’’ each place it appears and inserting ‘‘the 

Canalway’’; 

(3) in section 803— 

(A) in paragraph (1), by striking ‘‘The term ‘corridor’ ’’ and inserting ‘‘The 

term ‘Canalway’ ’’; 

(B) by striking paragraph (2); 

(C) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs 

(2), (3), (4), (5), and (6), respectively; 

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(D) in paragraph (2) (as redesignated by subparagraph (C)), by striking 

‘‘808’’ and inserting ‘‘806’’; and 

(E) in paragraph (6) (as redesignated by subparagraph (C)), by striking 

‘‘807(a)’’ and inserting ‘‘805(a)’’; 

(4) in section 804—

(A) in the second sentence of subsection (b)(1), by striking ‘‘808’’ and inserting ‘‘806’’; and 

(B) in subsection (c), by striking ‘‘The corridor’’ and inserting ‘‘The 

Canalway’’; 

(5) by striking sections 805 and 806; 

(6) by redesignating sections 807, 808, 809, 810, 811, and 812 as sections 805, 

806, 807, 808, 809, and 810, respectively; 

(7) in section 805(c)(2) (as redesignated by paragraph (6)), by striking ‘‘808’’

and inserting ‘‘806’’; 

(8) in section 806 (as redesignated by paragraph (6))—

(A) in subsection (a)(1)—

(i) in the heading, by striking ‘‘COMMITTEE’’ and inserting ‘‘SECRETARY’’; and 

(ii) by striking ‘‘Committee’’ and inserting ‘‘Secretary’’; 

(B) in subsection (a)(3)—

(i) in subparagraph (A), by striking ‘‘from the Committee.’’ and inserting a comma; and 

(ii) in the first sentence of subparagraph (B), by striking ‘‘Committee’’

and inserting ‘‘management entity’’; 

(C) in subsection (e), by striking ‘‘807(d)(1)’’ and inserting ‘‘805(d)(1)’’; and 

(D) in subsection (f), by striking ‘‘807(d)(1)’’ and inserting ‘‘805(d)(1)’’; 

(9) in section 807(c) (as redesignated by paragraph (6)), by striking ‘‘Cuyahoga 

Valley National Recreation Area’’ and inserting ‘‘Cuyahoga Valley National 

Park’’; 

(10) in section 808 (as redesignated by paragraph (6))—

(A) in subsection (b), by striking ‘‘Committee or’’; and 

(B) in subsection (c), in the matter before paragraph (1), by striking 

‘‘Committee’’ and inserting ‘‘management entity’’; and 

(11) in section 809 (as redesignated by paragraph (6)), by inserting ‘‘financial’’

before ‘‘assistance’’. 

SEC. 4. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR LOCAL COORDINATING ENTITY. 

The Delaware and Lehigh National Heritage Corridor Act of 1988 (16 U.S.C. 461 

note; Public Law 100–692) is amended—

(1) in section 9—

(A) by striking ‘‘The Commission’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Commission’’; and 

(B) by adding at the end the following: 

‘‘(b) CORPORATION AS LOCAL COORDINATING ENTITY.—Beginning on the date of enactment of the National Heritage Areas and National Heritage Corridors Technical 

Corrections Act of 2007, the Corporation shall be the local coordinating entity for 

the Corridor. 

‘‘(c) IMPLEMENTATION OF MANAGEMENT PLAN.—The Corporation shall assume the 

duties of the Commission for the implementation of the Plan. 

‘‘(d) USE OF FUNDS.—The Corporation may use Federal funds made available 

under this Act—

‘‘(1) to make grants to, and enter into cooperative agreements with, the Federal Government, the Commonwealth, political subdivisions of the Commonwealth, nonprofit organizations, and individuals; 

‘‘(2) to hire, train, and compensate staff; and 

‘‘(3) to enter into contracts for goods and services. 

‘‘(e) RESTRICTION ON USE OF FUNDS.—The Corporation may not use Federal funds 

made available under this Act to acquire land or an interest in land.’’; 

(2) in section 10—

(A) in the first sentence of subsection (c), by striking ‘‘shall assist the 

Commission’’ and inserting ‘‘shall, on the request of the Corporation, assist’’; 

(B) in subsection (d)—

(i) by striking ‘‘Commission’’ each place it appears and inserting ‘‘Corporation’’; 

(ii) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary’’; and 

(iii) by adding at the end the following: 

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‘‘(2) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative 

agreements with the Corporation and other public or private entities for the 

purpose of providing technical assistance and grants under paragraph (1). ‘‘(3) PRIORITY.—In providing assistance to the Corporation under paragraph 

(1), the Secretary shall give priority to activities that assist in— ‘‘(A) conserving the significant natural, historic, cultural, and scenic resources of the Corridor; and ‘‘(B) providing educational, interpretive, and recreational opportunities 

consistent with the purposes of the Corridor.’’; and 

(C) by adding at the end the following: ‘‘(e) TRANSITION MEMORANDUM OF UNDERSTANDING.—The Secretary shall enter 

into a memorandum of understanding with the Corporation to ensure— ‘‘(1) appropriate transition of management of the Corridor from the Commission to the Corporation; and ‘‘(2) coordination regarding the implementation of the Plan.’’; 

(3) in section 11, in the matter preceding paragraph (1), by striking ‘‘directly 

affecting’’; 

(4) in section 12— (A) in subsection (a), by striking ‘‘Commission’’ each place it appears and 

inserting ‘‘Corporation’’; 

(B) in subsection (c)(1), by striking ‘‘2007’’ and inserting ‘‘2012’’; and 

(C) by adding at the end the following: ‘‘(d) TERMINATION OF ASSISTANCE.—The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 5 years after the 

date of enactment of this subsection.’’; and 

(5) in section 14— (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), 

and (7), respectively; and 

(B) by inserting after paragraph (3) the following: ‘‘(4) the term ‘Corporation’ means the Delaware & Lehigh National Heritage 

Corridor, Incorporated, an organization described in section 501(c)(3), and exempt from Federal tax under section 501(a), of the Internal Revenue Code of 

1986;’’. 

SEC. 5. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN NATIONAL HERITAGE AREAS AND NATIONAL HERITAGE CORRIDORS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Division II of the Omnibus Parks and 

Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4243) is 

amended in sections 409(a), 508(a), 608(a), and 810(a) (as redesignated by section 

(3)(a)(5)), by striking ‘‘$10,000,000’’ each place it appears and inserting ‘‘$15,000,000’’. (b) EVALUATIONS.— (1) IN GENERAL.—Not later than 3 years before the date on which authority 

for Federal funding terminates for each of the Ohio & Erie Canal National Heritage Corridor, the Rivers Of Steel National Heritage Area, the Essex National 

Heritage Area, and the South Carolina National Heritage Corridor, the Secretary of the Interior shall conduct an evaluation of, and prepare a report on, 

the accomplishments of the applicable national heritage area. 

(2) COMPONENTS.—An evaluation prepared under paragraph (1) shall— (A) assess the progress of the management entity with respect to— (i) accomplishing the purposes of the authorizing legislation for the 

national heritage area; and 

(ii) achieving the goals and objectives of the approved management 

plan or heritage plan for the national heritage area; 

(B) analyze the Federal, State, local, and private investments in the national heritage area to determine the leverage and impact of the investments; and 

(C) review the management structure, partnership relationships, and 

funding of the national heritage area for purposes of identifying the critical 

components for the sustainability of the national heritage area. 

(3) RECOMMENDATIONS.— (A) IN GENERAL.—Based on the evaluation conducted under paragraph 

(1), the Secretary shall include in the report recommendations for what 

role, if any, the National Park Service should have with respect to the national heritage area. 

(B) REQUIRED ANALYSIS.—If the Secretary recommends in the report that 

Federal funding for national heritage area be reauthorized, the report shall 

include an analysis of—

(i) ways in which Federal funding for the national heritage area may 

be reduced or eliminated; and 

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(ii) the appropriate time period necessary to achieve the recommended reduction or elimination. 

(4) SUBMISSION TO CONGRESS.—On completion of a report under this subsection, the Secretary of the Interior shall submit the report to— (A) the Committee on Energy and Natural Resources of the Senate; and 

(B) the Committee on Natural Resources of the House of Representatives. 

SEC. 6. NATIONAL COAL HERITAGE AREA TECHNICAL CORRECTIONS. 

(a) IN GENERAL.—The National Coal Heritage Area Act of 1996 (16 U.S.C. 461 

note; Public Law 104–333) is amended— (1) in section 103(b)— (A) by striking ‘‘shall be shall be comprised’’ and inserting ‘‘shall be comprised’’; and 

(B) by striking ‘‘counties; and’’ and inserting ‘‘counties’’; 

(2) in section 105— (A) in the first sentence— (i) by striking ‘‘The resources’’ and inserting the following: ‘‘(a) IN GENERAL.—The resources’’; 

(ii) by striking ‘‘paragraph (2) of’’; and 

(iii) by striking ‘‘include those set forth in’’ and inserting ‘‘include— ‘‘(1) resources in Lincoln County, West Virginia, and Paint Creek and Cabin 

Creek in Kanawha County, West Virginia, as determined to be appropriate by 

the National Coal Heritage Area Authority; and ‘‘(2) resources described in’’; and 

(B) in the second sentence, by striking ‘‘Priority consideration’’ and inserting the following: ‘‘(b) PRIORITY.—Priority consideration’’; and 

(3) in section 106— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking ‘‘Governor’’ and 

all that follows through ‘‘Parks,’’ and inserting ‘‘National Coal Heritage 

Area Authority’’; and 

(ii) in paragraph (3), by striking ‘‘State of West Virginia’’ and all that 

follows through ‘‘entities, or’’ and inserting ‘‘National Coal Heritage 

Area Authority or the’’; and 

(B) in subsection (b), by inserting ‘‘not’’ before ‘‘meet’’. 

(b) CONTINUATION OF AGREEMENT.—The contractual agreement entered into 

under section 104 of the National Coal Heritage Area Act of 1996 (16 U.S.C. 461 

note; Public Law 104–333), as in effect on the day before the date of enactment of 

this Act, shall continue to be in effect, except that the contractual agreement shall 

be between the Secretary of the Interior and the National Coal Heritage Area Authority rather than the Secretary of the Interior and the Governor of West Virginia. 

PURPOSE

The purpose of S. 817 is to increase the appropriation ceiling for 

four national heritage areas: the Ohio & Erie Canal National Heritage Corridor; the Rivers of Steel National Heritage Area; the 

Essex National Heritage Area; and the South Carolina National 

Heritage Corridor; and to extend the authorization of the Delaware 

and Lehigh National Heritage Corridor, and to designate a new 

management entity for the corridor. 

BACKGROUND AND NEED

The Omnibus Parks and Public Lands Act of 1996 (Public Law 

104–333) created nine new heritage areas, authorized $10 million 

in appropriations for each area, and set a sunset date of September 

30, 2012 for their eligibility for Federal grants and assistance. Four 

of these heritage areas are the subject of this bill and are described 

below. 

RIVERS OF STEEL NATIONAL HERITAGE AREA

The Rivers of Steel National Heritage Area (originally designated 

as the Steel Industry American Heritage Area), includes seven 

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counties in southwestern Pennsylvania, an area shaped by the 

global importance of the U.S. steel industry. Within the 5,065- 

square-mile heritage area, one can find old mills and communities 

founded by mill workers, many of which are linked by hiking trails 

or riverboat tours. The management entity is the Steel Industry 

Heritage Corporation, a non-profit organization. 

ESSEX NATIONAL HERITAGE AREA

The historic seaports, New England town commons, and industrial mills of Essex County, Massachusetts, showcase colonial settlement, the development of the shoe and textile industries, and 

the growth and decline of several northeastern maritime industries. The 501-square-mile Essex National Heritage Area is managed by the non-profit Essex National Heritage Commission. 

SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR

The South Carolina National Heritage Corridor begins in the Up 

Country, or mountainous southwestern corner of the State, follows 

the State line through historic courthouse towns and military sites 

on the piedmont, and eventually tracks the Edisto River and the 

South Carolina Railroad to the Low Country, a coastal plain rich 

with old plantations and African American culture. The South 

Carolina National Heritage Corridor covers 9,336 square miles in 

14 counties and is managed by the Heritage Tourism Development 

Office of the South Carolina Department of Park Recreation and 

Tourism. 

OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR

The Ohio and Erie Canal, completed in 1832, linked the Great 

Lakes with the Mississippi River and the west through the Ohio 

River. The canal originally ran from Portsmouth on the Ohio River 

to Cleveland and Lake Erie. The Ohio and Erie Canal Association, 

in partnership with the Ohio Canal Commission and the Ohio and 

Erie Canal Corridor Coalition, manage the Ohio and Erie Canal 

National Heritage Corridor. The heritage area covers 2,015 square 

miles along the canal route from Cleveland south to Zoar, Ohio. 

All four areas are now nearing their existing appropriation ceiling. S. 817 increases the ceiling for each area from $10 million to 

$15 million, while adding a new requirement that each area be 

evaluated prior to the sunset date for federal funding in 2012 to 

assess its progress in meeting the goals of the authorizing legislation and the area’s management plan. 

S. 817 also extends the authorization for the Delaware & Lehigh 

National Heritage Corridor in Pennsylvania and designates the 

participating non-profit organization as the new management entity, similar to changes made for the Illinois & Michigan Canal National Heritage Corridor in the 109th Congress. 

LEGISLATIVE HISTORY

S. 817 was introduced by Senators Voinovich, Brown, Kennedy, 

Kerry, Specter, Casey, and Graham on March 8, 2007. The Subcommittee on National Parks held a hearing on S. 817 on March 

20, 2007 (S. Hrg. 110–73). 

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At its business meeting on July 25, 2007, the Committee on Energy and Natural Resources ordered S. 817 favorably reported with 

an amendment in the nature of a substitute. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on July 25, 2007, by a voice vote of a quorum present, 

recommends that the Senate pass S. 817, if amended as described 

herein. 

COMMITTEE AMENDMENT

During its consideration of S. 817, the Committee adopted an 

amendment in the nature of a substitute. The amendment makes 

technical and conforming amendments and adds a new section 

making technical corrections to the authorizing legislation for the 

National Coal Heritage Area. The amendment is explained in detail in the section below. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘National Heritage Areas 

and National Heritage Corridors Technical Corrections Act of 

2007.’’

Section 2 amends the authorizing legislation for the Rivers of 

Steel National Heritage Area in Pennsylvania to include Butler 

County within the heritage area. 

Section 3 amends the authorizing legislation for the Ohio and 

Erie Canal National Heritage Corridor in Ohio to make several 

technical and conforming corrections and to redesignate the corridor as the Ohio and Erie National Heritage Canalway. 

Section 4 amends the authorizing legislation for the Delaware 

and Lehigh National Heritage Corridor to extend the authorization 

to receive Federal funding from 2007 until 2012, and to designate 

the Delaware & Lehigh National Heritage Corridor, Inc. as the 

local coordinating entity for the Corridor. 

Section 5(a) amends the authorizing legislation for the Ohio and 

Erie Canal National Heritage Corridor (redesignated as the Ohio 

and Erie National Heritage Canalway in section 3), the Rivers of 

Steel National Heritage Area, the Essex National Heritage Area in 

Massachusetts, and the South Carolina National Heritage Corridor 

to increase the cumulative appropriation ceiling for each area from 

$10 million to $15 million. 

Subsection (b)(1) amends the authorizing legislation for each of 

the heritage areas listed in subsection (a) to require the Secretary 

of the Interior to conduct an evaluation of the accomplishments of 

each national heritage area not later than three years before the 

date Federal funding authority terminates. 

Paragraph (2) provides that the evaluation shall assess the 

progress of the management entity with respect to accomplishing 

the purposes of this Act for the heritage area and whether the 

management entity achieved the goals and objectives of the approved management plan for the heritage area. The evaluation is 

also required to analyze governmental investments in the heritage 

area to determine the leverage and impact of the investments. 

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Paragraph (3) requires the Secretary to prepare a report, based 

on the evaluation, that includes recommendations for the future 

role of the National Park Service, if any, for the heritage area. If 

the report recommends that Federal funding for the area be reauthorized, it is required to include an analysis of ways Federal funding may be reduced or eliminated. The report is to be submitted 

to the House and Senate authorizing committees. 

Section 6 makes several technical corrections to the authorizing 

legislation for the National Coal Heritage Area in West Virginia. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

AUGUST 16, 2007. 

Hon. JEFF BINGAMAN, 

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. 817, the National Heritage 

Areas and National Heritage Corridors Technical Corrections Act of 

2007. 

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

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

S. 817—National Heritage Areas and National Heritage Corridors 

Technical Corrections Act of 2007 

Summary: S. 817 would amend the Omnibus Parks and Public 

Lands Management Act of 1996 to authorize additional appropriations of $5 million for each of four national heritage areas (NHAs) 

and similar affiliated areas of the National Park System. NHAs 

and affiliated areas are nonfederal lands and communities managed privately in consultation with the National Park Service 

(NPS). The legislation also would require the NPS to conduct an 

evaluation of each of the four areas. 

Assuming appropriation of the $20 million specifically authorized 

by the bill and an additional $1 million for NPS evaluations, CBO 

estimates that implementing S. 817 would cost $5 million in 2008 

and $21 million over the 2008–2012 period. Enacting this legislation would not affect direct spending or revenues. 

S. 817 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 817 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

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By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................................... 5 4 4 4 4 

Estimated Outlays ......................................................................................... 5 4 4 4 4 

Basis of estimate: S. 817 would increase, by $5 million each (or up to $1 million annually), the total amounts authorized to be appropriated to the NPS for four areas administered by that agency: 

The Ohio & Erie Canal National Heritage Corridor, the Rivers of 

Steel National Heritage Area, the Essex National Heritage Area, 

and the South Carolina National Heritage Corridor. The funds 

would be used to assist NHA management entities, which are usually local nonprofit organizations. The legislation also would direct 

the NPS to evaluate the effectiveness of the management entity at 

each of the areas and recommend future funding levels. 

Based on information provided by the agency and assuming appropriation of the amounts authorized or estimated to be necessary, 

CBO estimates that implementing the legislation would cost $21 

million over the 2008–2012 period, including $1 million in 2008 for 

evaluations required by the bill. 

Intergovernmental and private-sector impact: S. 817 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would not affect the budgets of state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Deborah Reis; Impact on 

State, Local, and Tribal Governments: Leo Lex; Impact of the Private Sector: Craig Cammarata and Patrice Gordon. 

Estimate approved by: Peter H. Fontaine, 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. 817. 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. 817, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior at the 

March 20, 2007 Subcommittee hearing on S. 817 and a subsequent 

letter from the Acting Assistant Secretary for Fish and Wildlife and 

Parks setting forth Department of the Interior views on S. 817 follows: 

STATEMENT OF DANIEL N. WENK, DEPUTY DIRECTOR, 

NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

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ment of the Interior on S. 817, a bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to 

provide additional authorizations for certain National Heritage Areas, and for other purposes. 

S. 817 has four main provisions. First, the bill expands 

the Rivers of Steel National Heritage Area by an additional county. Second, the bill makes several technical corrections to the Ohio & Erie Canal National Heritage Corridor including a name change for the area and the deauthorization of the Ohio & Erie Canal National Heritage 

Corridor Committee, whose duties have already been assumed by a non-profit management entity. Third, the bill 

names a new local coordinating entity for the Delaware 

and Lehigh National Heritage Corridor, it reauthorizes 

federal funding for the area for an additional five years, 

and gives the Secretary of the Interior several new authorities. Fourth, the bill increases the authorization ceiling for four existing national heritage areas by $5 million 

each and requires the Secretary to conduct an evaluation 

of each area three years before the cessation of federal 

funding. 

The Department has no objection to the first three main 

provisions of S. 817, with several recommended amendments described in this testimony. The Department is still 

considering its position with regard to the provisions in the 

bill that increase the authorization ceiling for four existing 

heritage areas and extend Federal funding for Delaware 

and Lehigh National Heritage Corridor. The Department 

will provide the Committee with its views on this issue by 

letter before the Committee’s markup of this bill. 

Less than a year ago, there were 27 heritage areas. 

Today, there are 37. Our understanding is that national 

heritage areas are locally driven grassroots efforts to preserve resources that were intended to operate independent 

of Federal funding at the end of the authorization period. 

While the National Park Service would continue to support 

the heritage areas through technical assistance, the heritage areas were to be largely self-sufficient. This was the 

understanding, particularly for those heritage areas created in 1996 and the more recently designated heritage 

areas. We are disappointed that heritage areas that are 

nearing the end of their authorization period or that are 

approaching their authorization ceiling did not better plan 

for this eventuality. We appreciate that the sponsors of the 

bill recognize this concern by requiring the preparation of 

a report to examine what role federal funding should play 

in the future of these heritage areas. 

Currently, there are 37 National Heritage Areas designated across 27 states with over 61 million people residing within one of these heritage areas. Responding to continued community and congressional interest in studying 

and designating new national heritage areas, the National 

Park System Advisory Board reviewed the program and 

prepared a report on the appropriate role of the National 

Park Service in supporting these areas. The Advisory 

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Board’s 2006 report, Charting a Future for National Heritage Areas, recognized the important role of national heritage areas in expanding conservation stewardship and in 

identifying and preserving significant historic resources. 

The report also recognized that national heritage areas 

need a legislative foundation that establishes a clear process for designation, administration, and evaluation. 

Among the Advisory Board’s specific recommendations 

for program legislation was a provision to address the future of national heritage areas after an area reaches the 

end of its authorized funding level or time limits for funding. Before the publication of the Advisory Board report, 

most of the discussions on program legislation focused on 

the need to establish criteria for designating new areas 

and managing existing areas. The Advisory Board recognized that the National Park Service needed to take a 

more proactive approach by assisting national heritage 

areas in envisioning and planning for a sustainable future. 

For this reason, the report included a recommendation 

that the legislative foundation for the program require 

that ‘‘three years prior to cessation of federal funding authority, a study be conducted to recommend the appropriate level of future National Park Service involvement in 

the National Heritage Area including but not limited to future federal funding’’. 

In July 2006, the Administration transmitted to Congress a legislative proposal for national heritage area program legislation that included many of the recommendations of the Advisory Board’s report. This proposal, which 

was introduced in the 109th Congress as H.R. 6287, incorporated the requirement for a study three years before cessation of funding in a slightly different format stating that 

the areas should ‘‘conduct an evaluation and prepare a report on the accomplishments, sustainability, and recommendations for the future * * * ’’. The National Heritage Area Partnership Act (S. 243) introduced by Senator 

Craig Thomas during the 109th Congress and passed by 

the Senate, and a similar version of the bill (S. 278) recently introduced during the 110th Congress, also contain 

similar language. The Administration is currently working 

on a similar proposal for heritage area program legislation 

to be transmitted to Congress. 

S. 817 provides additional funding authorization for the 

Essex National Heritage Area, the Ohio & Erie Canal National Heritage Corridor, the Rivers of Steel National Heritage Corridor, and the South Carolina National Heritage 

Corridor, four areas that have almost reached their authorized $10,000,000 funding limit. Although the bill 

would not provide the areas with an extension of time beyond their sunset date of 2012 for financial assistance, it 

would authorize an additional $5 million per area. This extension of federal funding would allow for the continued 

operation and management of these national heritage 

areas, while providing the Secretary the necessary time to 

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undertake an evaluation to assess the progress of the area 

in achieving its legislative purpose. 

These four national heritage areas have a commendable 

track record of partnership and project accomplishments 

and have shown signs of becoming self-sufficient. The 

Essex National Heritage Area commemorates 400 years of 

seafaring history and tradition and has enabled the Salem 

Maritime National Historic Site, a National Park Service 

unit that is only 9 acres in size, to play a far more prominent role in the region by harnessing the energy of volunteers in interpretation and fundraising. 

The Ohio & Erie Canal National Heritage Corridor preserves 110 miles of towpath canal, historic communities, 

and what has been described as a ‘‘biological mosaic of forest, marshes, streams, and lakes.’’ Cuyahoga National 

Park, which encompasses 22 miles of the corridor, has 

taken advantage of the heritage area as a framework for 

large-scale regional collaboration to build partnerships and 

conserve a range of resources. 

The Rivers of Steel National Heritage Area celebrates 

the region’s industrial legacy through its rich folklife traditions, opening doors to the past with driving tours, audio 

CDs, a local radio series, exhibits, and publications. This 

area celebrates a portrait of people working in one of the 

most important industries at the turn of the century, 

which helped form the economy of this country and continues to preserve this regional culture for the next generation. 

The South Carolina National Heritage Corridor helps 

rural communities thrive by promoting their place-based 

resources. For example, a new Heritage Corridor Farmers 

Association supports the agricultural heritage of the area 

by sponsoring regular promotions, tours and preservation 

initiatives. 

The proposed evaluation process would document these 

and other accomplishments and would give the areas the 

opportunity to develop a long-term plan for reducing or 

eliminating the future financial role of the National Park 

Service. 

S. 817 has several other provisions. It would provide for 

a new local management entity for the Delaware and Lehigh National Heritage Corridor, replacing the existing 

Federal commission that has served as the local coordinating entity with a nonprofit corporation, the Delaware & 

Lehigh National Heritage Corridor, Incorporated. It also 

authorizes the new corporation to receive an additional 

five years of financial assistance. This recommendation 

comes in part from a 2006 National Park Service technical 

assistance study entitled Connecting Stories, Landscapes 

and People: Exploring the Delaware & Lehigh National 

Heritage Corridor Partnership, which analyzed the 

strengths and challenges of the heritage area including 

critical ingredients for sustained success in the corridor. It 

identified options for the future including alternatives for 

a new management entity, the involvement of state, counmstockstill on PROD1PC66 with HEARING

12 

ty and municipal governments, and the involvement of the 

National Park Service. 

The Delaware and Lehigh National Heritage Corridor 

has a strong record of accomplishments including the development of the 165-mile D&L Trail that forms the spine 

of the corridor, the innovative Corridor Market Towns program, the Two Rivers Landing project, which is a model of 

sustainable economic development, and the award-winning 

Lehigh Gap Wildlife Refuge reclamation project. We believe that the legislative language for the Delaware and 

Lehigh National Heritage Corridor should be amended to 

parallel that of the other four areas reauthorized in S. 817. 

We also believe that the area should build on the existing 

study to develop recommendations on the role the National 

Park Service should play in the future including the reduction and elimination of federal funding. 

The Department has no objection to the other provisions 

in the bill relating to a name change for the Ohio and Erie 

National Heritage Corridor and the deauthorization of the 

Ohio & Erie Canal National Heritage Corridor Committee, 

the addition of a county to the Rivers of Steel National 

Heritage Area, and other technical corrections to existing 

national heritage areas laws. 

The Department would welcome the opportunity to work 

with the committee to make some technical corrections to 

section 4 of the bill relating to the Delaware and Lehigh 

National Heritage Corridor. In addition, the Department 

would like to work with the committee on amending this 

bill to include a new section to make some conforming 

amendments to the National Coal Heritage Area that were 

inadvertently left out last Congress when S. 203 was enacted. 

In conclusion, the Department notes the critical need for 

program legislation to establish a framework for the designation of national heritage areas and a process to evaluate the success of heritage areas in carrying out their approved management plan while also planning for their future as they approach the limits of their funding authorizations. 

Mr. Chairman, that concludes my testimony and I am 

prepared to answer any questions that you or other members of the committee might have at this time. 

DEPARTMENT OF THE INTERIOR, 

OFFICE OF THE SECRETARY, 

Washington, DC, April 17, 2007. 

Hon. JEFF BINGAMAN, U.S. Senate, 

Washington, DC. 

DEAR MR. CHAIRMAN: We are writing this letter as a follow-up 

to the Department of the Interior’s testimony, delivered on March 

20, 2007, at a hearing before the Senate Subcommittee on National 

Parks, Committee on Energy and Natural Resources. At the time 

of our testimony, the Department was still considering its position 

with regard to certain provisions in S. 817, a bill to amend the Ommstockstill on PROD1PC66 with HEARING

13 

nibus Parks and Public Lands Management Act of 1996 to provide 

for additional authorizations for certain national heritage areas, 

and for other purposes. We appreciate the opportunity to further 

evaluate the bill and are pleased to provide to you, at this time, 

our views on each of the various components of the bill. 

S. 817 expands the Rivers of Steel National Heritage Area by an 

additional county and makes several technical corrections to the 

Ohio & Erie Canal National Heritage Corridor including a name 

change for the area and the deauthorization of the Ohio & Erie 

Canal National Heritage Corridor Committee, whose duties have 

already been assumed by a non-profit management entity. The Department supports these provisions in S. 817. 

The bill also names a new local coordinating entity for the Delaware and Lehigh National Heritage Corridor (Corridor), provides 

the Secretary of the Interior several new authorities, and reauthorizes federal funding for the area for an additional five years. The 

Department supports the provision that names a new local coordinating entity for the Corridor and the provisions providing other 

authorities to the Secretary, but recommends deferring action on 

the provision authorizing federal funding for the area for an additional five years for the reasons discussed below. 

The National Park Service, in conjunction with the Corridor, has 

completed an evaluation of the accomplishments of the area, the investments that have been made at all levels, the management 

structure, and partner relationships. This evaluation, Connecting 

Stories, Landscapes, and People: Exploring the Delaware & Lehigh 

National Heritage Corridor Partnership, was finalized in 2006. The 

National Park Service has not completed a report based on the 

evaluation, which includes recommendations on what the future 

role of the National Park Service should be in the area. It is important to note that, prior to 1996, there were no standard models by 

which national heritage areas were established, resulting in various management and funding structures. The Delaware and Lehigh National Heritage Corridor was only the third area to be designated as a national heritage area, it originally had NPS employees who both sat on the commission and staffed it, and the management plan contemplated a long-term relationship with the National Park Service. 

Finally, the bill increases the authorization ceiling for four existing national heritage areas by $5 million each and requires the 

Secretary to conduct an evaluation of each area three years before 

the authorization of federal funding terminates. We oppose the provisions in the bill that increase the authorization ceiling for four 

existing national heritage areas, but we support the requirement 

that the Secretary conduct an evaluation and prepare a report with 

recommendations on the future role of the National Park Service 

in each area. Appropriated funds would be necessary to carry out 

this requirement. 

We oppose the increases in the authorization ceilings because, as 

we mentioned in our testimony, our understanding is that national 

heritage areas are locally driven grassroots efforts to preserve resources and were intended to operate independent of federal funding at the end of the authorization period. While the National Park 

Service would continue to support national heritage areas through 

technical assistance, the national heritage areas were to be largely 

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self-sufficient. This was the understanding, particularly for those 

national heritage areas created in 1996 and the more recently designated national heritage areas. We are disappointed that national 

heritage areas that are nearing the end of their authorization period or that are approaching their authorization ceiling did not better plan for this eventuality. 

At the same time, we appreciate that the sponsors of S. 817 require the preparation of a report to assess the progress of the management entity in accomplishing the purposes of the area, analyze 

the Federal, State, local, and private investments in the area to determine the leverage and impact of the investments, review the 

management structure, partnership relationships, and funding of 

the area, and what future role, if any, the National Park Service 

should have with respect to these national heritage areas. The Department supports this provision in the bill. Such a reporting requirement was identified by the National Park System Advisory 

Board in their 2006 report, Charting a Future for National Heritage Areas, which recommended a legislative framework for the program. The reporting requirement also was included in the Administration’s legislative proposal to formally establish a national heritage area program, which was transmitted to Congress during the 

109th Congress. 

With regard to other aspects of the bill relating to the Corridor, 

the Department would welcome the opportunity to work with the 

committee to make some technical corrections. We also would like 

to work with the committee on amending this bill to include a new 

section to make some conforming amendments to the National Coal 

Heritage Area. 

Below is a summary of the Department’s views on various provisions of S. 817: 

Section number Provision Department position 

Section 2 .............................. Adds a county to the Rivers of Steel National 

Heritage Area.

Supports. 

Section 3 .............................. Changes the name for the Ohio and Erie National Heritage Corridor.Supports with technical amendments. 

Deauthorizes the Ohio & Erie Canal National 

Heritage Corridor Committee, and other 

technical changes.

Supports with technical amendments. 

Section 4(1), (2), (3) ............ Provides for a new local coordinating entity 

for Delaware and Lehigh National Heritage Corridor and transition provisions.

Supports with technical amendments. 

Section 4(2) .......................... Authorizes the Secretary to enter into cooperative agreements with the Delaware and 

Lehigh National Heritage Corridor and 

provides other standard authorities.

Supports with technical amendments. 

Section 4(3) .......................... Authorizes the Delaware and Lehigh National 

Heritage Corridor to a five year extension 

for federal assistance.

Recommends deferring action until NPS has 

an opportunity to prepare a report on the 

Corridor’s evaluation of the future of this 

area. 

Section 5(a) .......................... Authorizes an increase in the authorization 

ceiling for four existing national heritage 

areas by $5 million each.

Opposes. 

Section 5(b) .......................... Requires the Secretary to conduct an evaluation of each of the four areas three 

years before the authorization for federal 

funding terminates.

Supports evaluation and report and funding 

to complete them. 

New Section .......................... ......................................................................... Supports adding a section to make conforming amendments to the National Coal 

Heritage Area. 

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The first national heritage area was designated over 20 years 

ago, and since that time, Congress has authorized a total of 37 national heritage areas across the country. We realize that our position on S. 817 is complicated, but our interest in creating a sensible 

and consistent program outweighs the interest in simplicity. The 

complexity of this and past bills illustrates a long-overdue need to 

enact legislation to formally establish a national heritage area program. As it has in the past, the Administration plans transmit to 

Congress a legislative proposal to meet this need, and we look forward to continuing our work with Congress on this very important 

issue. 

Thank you for the opportunity to share the Department’s views 

on S. 817 and the national heritage area program. 

Sincerely, 

TODD WILLENS, Acting Assistant Secretary 

Fish and Wildlife and Parks. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 817, as ordered reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

italic, existing law in which no change is proposed is shown in 

roman): 

PUBLIC LAW 100–692 

(Approved November 18, 1988; 102 Stat. 4552) 

AN ACT To establish the Delaware and Lehigh Navigation Canal National Heritage 

Corridor in the Commonwealth of Pennsylvania 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Delaware and Lehigh Navigation 

Canal National Heritage Corridor Act of 1988’’. 

* * * * * * * 

SEC. 9. TERMINATION OF COMMISSION. 

øThe Commission¿ (a) IN GENERAL.—The Commission shall terminate on November 18, 2007. 

(b) CORPORATION AS LOCAL COORDINATING ENTITY.—Beginning 

on the date of enactment of the National Heritage Areas and National Heritage Corridors Technical Corrections Act of 2007, the 

Corporation shall be the local coordinating entity for the Corridor. 

(c) IMPLEMENTATION OF MANAGEMENT PLAN.—The Corporation 

shall assume the duties of the Commission for the implementation 

of the Plan. 

(d) USE OF FUNDS.—The Corporation may use Federal funds 

made available under this Act—

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

with, the Federal Government, the Commonwealth, political 

subdivisions of the Commonwealth, nonprofit organizations, 

and individuals; 

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(2) to hire, train, and compensate staff; and 

(3) to enter into contracts for goods and services. 

(e) RESTRICTION ON USE OF FUNDS.—The Corporation may not 

use Federal funds made available under this Act to acquire land or 

an interest in land. 

SEC. 10. DUTIES OF THE SECRETARY. 

* * * * * * * 

(c) INTERPRETIVE MATERIALS.—Following approval of the Plan as 

provided under subsection (a), the Secretary øshall assist the Commission¿ shall, on the request of the Corporation, assist in designing and producing interpretive materials based on the Plan. Such 

materials may include— (1) guide brochures for exploring the Corridor by automobile, 

train, bicycle, boat, or foot; 

(2) indoor and outdoor visitor displays, which may include 

video presentations, at several locations along the Corridor; 

and 

(3) a mobile display describing the history of the Corridor, to 

be used in the Corridor, public buildings, libraries, and schools. 

(d) TECHNICAL ASSISTANCE.—øThe Secretary¿ (1) IN GENERAL.— The Secretary of the Interior shall, upon request of the øCommission¿ Corporation, provide technical assistance to the øCommission¿ Corporation in the preparation and implementation of the 

Plan. 

(2) COOPERATIVE AGREEMENTS.—The Secretary may enter 

into cooperative agreements with the Corporation and other 

public or private entities for the purpose of providing technical 

assistance and grants under paragraph (1). 

(3) PRIORITY.—In providing assistance to the Corporation 

under paragraph (1), the Secretary shall give priority to activities that assist in—

(A) conserving the significant natural, historic, cultural, 

and scenic resources of the Corridor; and 

(B) providing educational, interpretive, and recreational 

opportunities consistent with the purposes of the Corridor. 

(e) TRANSITION MEMORANDUM OF UNDERSTANDING.—The Secretary shall enter into a memorandum of understanding with the 

Corporation to ensure—

(1) appropriate transition of management of the Corridor 

from the Commission to the Corporation; 

(2) coordination regarding implementation of the Plan. 

SEC. 11. DUTIES OF OTHER FEDERAL ENTITIES. 

Any Federal entity conducting or supporting activities ødirectly 

affecting¿ directly affecting the purposes of the Corridor resources 

of the Corridor shall—

(1) consult with the Secretary and the Commission with respect to such activities; 

(2) cooperate with the Secretary and the Commission in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying 

out of such duties; and 

(3) to the maximum extent practicable, conduct or support 

such activities in a manner consistent with the Plan and the 

provisions of this Act. 

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SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

(a) øCOMMISSION¿ CORPORATION.—There is authorized to be appropriated annually to the øCommission¿ Corporation to carry out 

its duties under this Act $1,000,000, except that the Federal contribution to the øCommission¿ Corporation shall not exceed 50 percent of the annual costs to the øCommission¿ Corporation in carrying out those duties. 

(b) SECRETARY.—There are authorized to be appropriated annually to the Secretary such sums as may be necessary to carry out 

his duties under the Act. 

(c) MANAGEMENT ACTION PLAN.—

(1) IN GENERAL.—To implement the management action plan 

created by the Commission, there is authorized to be appropriated $1,000,000 for each of fiscal years 2000 through ø2007¿ 

2012. 

(2) LIMITATION ON EXPENDITURES.—Amounts made available 

under paragraph (1) shall not exceed 50 percent of the costs of 

implementing the management action plan. 

(d) TERMINATION OF ASSISTANCE.—The authority of the Secretary 

to provide financial assistance under this Act terminates on the date 

that is 5 years after the date of enactment of this subsection. 

* * * * * * * 

SEC. 14. DEFINITIONS. 

For purposes of this Act—

(1) the term ‘‘Canal’’ means the Delaware and Lehigh Navigation Canal; 

(2) the term ‘‘Commission’’ means the Delaware and Lehigh 

Navigation Canal National Heritage Corridor Commission established under section 5(a). 

(3) the term ‘‘Commonwealth’’ means the Commonwealth of 

Pennsylvania; 

(4) the term ‘‘Corporation’’ means the Delaware & Lehigh National Heritage Corridor, Incorporated, an organization described in section 501(c)(3), and exempt from Federal tax under 

section 501(a), of the Internal Revenue Code of 1986; 

ø(4)¿ (5) the term ‘‘Corridor’’ means the Delaware and Lehigh Navigation Canal National Heritage Corridor established 

under section 3(a). 

ø(5)¿ (6) the term ‘‘Plan’’ means the Cultural Heritage and 

Corridor Management Plan to be prepared by the Commission 

pursuant to section 8(a); and 

ø(6)¿ (7) the term ‘‘Secretary’’ means the Secretary of the Interior. 

PUBLIC LAW 104–333 

(Approved November 12, 1996; 110 Stat. 4093) 

AN ACT To provide for the administration of certain Presidio properties at minimal 

cost to the Federal taxpayer, and for other purposes 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

This Act may be cited as the ‘‘Omnibus Parks and Public Lands 

Management Act of 1996’’. 

* * * * * * * 

DIVISION II 

TITLE I—NATIONAL COAL HERITAGE AREA 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘National Coal Heritage Area Act 

of 1996’’. 

* * * * * * * 

SEC. 103. ESTABLISHMENT. 

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

for the educational and inspirational benefit of present and future 

generations certain lands and structures with unique and significant historic and cultural value associated with the coal mining 

heritage of the State of West Virginia and the Nation, there is 

hereby established the National Coal Heritage Area (hereafter in 

this title referred to as the ‘‘Area’’). 

(b) BOUNDARIES.—The Area øshall be shall be comprised¿ shall 

be comprised of the following: 

(1) The counties in the State of West Virginia that are the 

subject of the study by the National Park Service, dated 1993, 

entitled ‘‘A Coal Mining Heritage Study: Southern West Virginia’’ conducted pursuant to title VI of Public Law 100–699. 

(2) Lincoln County, West Virginia. 

(3) Paint Creek and Cabin Creek within Kanawha County, 

West Virginia. 

* * * * * * * 

SEC. 105. ELIGIBLE RESOURCES. 

øThe resources¿ (a) IN GENERAL.—The resources eligible for the 

assistance under øparagraph (2) of¿ section 104 shall øinclude 

those set forth in¿ include—

(1) resources in Lincoln County, West Virginia, and Paint 

Creek and Cabin Creek in Kanawha County, West Virginia, as 

determined to be appropriate by the National Coal Heritage 

Area Authority; and 

(2) resources described in appendix D of the study by the National Park Service, dated 1993, entitled ‘‘A Coal Mining Heritage Study: Southern West Virginia’’, conducted pursuant to 

title VI of Public Law 100–699. øPriority consideration¿ 

(b) PRIORITY.—Priority consideration shall be given to those sites 

listed as ‘‘Conservation Priorities’’ and ‘‘Important Historic Resources’’ as depicted on the map entitled ‘‘Study Area: Historic Resources’’ in such study. 

SEC. 106. COAL HERITAGE MANAGEMENT PLAN. 

(a) IN GENERAL.—Pursuant to the contractual agreement referred to in section 104, within three years after the date of enactment of this title, the øGovernor of the State of West Virginia, acting through the Division of Culture and History and the Division 

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of Tourism and Parks,¿ National Coal Heritage Area Authority 

shall submit to the Secretary a Coal Heritage Management Plan 

for the Area. The plan shall at a minimum—

(1) set forth the integrated cultural, historical, and land resource management policies and programs referred to in section 104; 

(2) describe the guidelines and standards for projects referred to in section 104; and 

(3) set forth the responsibilities of the øState of West Virginia, units of local government, nonprofit entities, or¿ National Coal Heritage Authority or the Secretary to administer 

any properties acquired pursuant to section 104. 

(b) PLAN APPROVAL.—The Secretary shall approve the plan 

submitted under subsection (a) unless he determines that it would 

not meet the objectives of this title. 

* * * * * * * 

TITLE IV—STEEL INDUSTRY HERITAGE 

PROJECT 

øNote: Public Law 106–113, Appendix C, sec. 116, provides: ‘‘Notwithstanding any other provision of law, the Steel Industry American Heritage Area, authorized by Public Law 104–333, is hereby 

renamed the Rivers of Steel National Heritage Area.’’¿ 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Steel Industry American Heritage 

Area Act of 1996’’. 

* * * * * * * 

SEC. 403. STEEL INDUSTRY AMERICAN HERITAGE AREA. 

(a) ESTABLISHMENT.—There is hereby established the Steel Industry American Heritage Area (in this title referred to as the 

‘‘Heritage Area’’). 

(b) BOUNDARIES.—The Heritage Area shall be comprised of the 

counties of Allegheny, Armstrong, Beaver, Butler, Fayette, Greene, 

Washington, and Westmoreland in Pennsylvania. 

* * * * * * * 

SEC. 409. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated under 

this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

the Heritage Area under this title. 

(b) 50 PERCENT MATCH.—Federal funding provided under this 

title, after the designation of this Heritage Area, may not exceed 

50 percent of the total cost of any assistance or grant provided or 

authorized under this title. 

TITLE V—ESSEX NATIONAL HERITAGE AREA 

* * * * * * * 

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SEC. 503. DESIGNATION OF NATIONAL HERITAGE AREA. 

(a) DESIGNATION.—For the purpose of preserving and interpreting, for the educational and inspirational benefit of present and 

future generations, the unique and significant contributions to our 

national heritage of certain historic and cultural lands, natural waterways, and structures within the County of Essex in the Commonwealth of Massachusetts, there is hereby established the Essex 

National Heritage Area. 

* * * * * * * 

SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated under 

this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

the Area under this title. 

(b) 50 PERCENT MATCH.—Federal funding provided under this 

title, after the designation of the Area, may not exceed 50 percent 

of the total cost of any assistance or grant provided or authorized 

under this title. 

TITLE VI—SOUTH CAROLINA NATIONAL 

HERITAGE CORRIDOR 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘South Carolina National Heritage 

Corridor Act of 1996’’. 

* * * * * * * 

SEC. 608. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated under this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

the Corridor under this title. 

(b) 50 PERCENT MATCH.—Federal funding provided under this 

title, after the designation of this Corridor, may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this title. 

* * * * * * * 

TITLE VIII—OHIO & ERIE CANAL NATIONAL 

HERITAGE CORRIDOR 

SEC. 801. SHORT TITLE. 

This title may be cited as the ‘‘Ohio & Erie Canal National Heritage Corridor Act of 1996’’. 

SEC. 802. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress finds the following: 

(1) The Ohio & Erie Canal, which opened for commercial 

navigation in 1832, was the first inland waterway to connect 

the Great Lakes at Lake Erie with the Gulf of Mexico via the 

Ohio and Mississippi Rivers and a part of a canal network in 

Ohio that was one of America’s most extensive and successful 

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systems during a period in history when canals were essential 

to the Nation’s growth. 

(2) The Ohio & Erie Canal spurred economic growth in the 

State of Ohio that took the State from near bankruptcy to the 

third most economically prosperous State in the Union in just 

20 years. 

(3) A 4-mile section of the Ohio & Erie Canal was designated 

a National Historic Landmark in 1966 and other portions of 

the Ohio & Erie Canal and many associated structures were 

placed on the National Register of Historic Places. 

(4) In 1974, 19 miles of the Ohio & Erie Canal were declared 

nationally significant under National Park Service new area 

criteria with the designation of Cuyahoga Valley National 

Recreation Area. 

(5) The National Park Service found the Ohio & Erie Canal 

nationally significant in a 1975 study entitled ‘‘Suitability/Feasibility Study, Proposed Ohio & Erie Canal’’. (6) A 1993 Special Resources Study of the Ohio & Erie Canal 

Corridor conducted by the National Park Service entitled ‘‘A 

Route to Prosperity’’ has concluded that øthe corridor¿ the 

Canalway is eligible as a National Heritage Corridor. 

(7) Local governments, the State of Ohio, and private sector 

interests have embraced the heritage corridor concept and desire to enter into partnership with the Federal Government to 

preserve, protect, and develop øthe corridor¿ the Canalway for 

public benefit. 

(b) PURPOSES.—The purposes of this title are— (1) to preserve and interpret for the educational and inspirational benefit of present and future generations the unique and 

significant contributions to our national heritage of certain historic and cultural lands, waterways, and structures within the 

87-mile Ohio & Erie Canal Corridor between Cleveland and 

Zoar; 

(2) to encourage within øthe corridor¿ the Canalway a broad 

range of economic opportunities enhancing the quality of life 

for present and future generations; 

(3) to provide a management framework to assist the State 

of Ohio, its political subdivisions, and nonprofit organizations, 

or combinations thereof, in preparing and implementing an integrated Corridor Management Plan and in developing policies 

and programs that will preserve, enhance, and interpret the 

cultural, historical, natural, recreation, and scenic resources of 

øthe corridor¿ the Canalway; and 

(4) to authorize the Secretary to provide financial and technical assistance to the State of Ohio, its political subdivisions, 

and nonprofit organizations, or combinations thereof, in preparing and implementing a Corridor Management Plan. 

SEC. 803. DEFINITIONS. 

For the purposes of this title: 

(1) The term ‘‘øcorridor¿ Canalway’’ means the Ohio & Erie 

øCanal National Heritage Corridor¿ National Heritage 

Canalway established by section 804. 

ø(2) The term ‘‘Committee’’ means the Ohio & Erie Canal 

National Heritage Area Committee established by section 

805.¿ 

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ø(3)¿ (2) The term ‘‘Corridor Management Plan’’ means the 

management plan developed under section ø808¿ 806. 

ø(4)¿ (3) The term ‘‘Secretary’’ means the Secretary of the Interior. 

ø(5)¿ (4) The term ‘‘technical assistance’’ means any guidance, advice, help, or aid, other than financial assistance, provided by the Secretary of the Interior. 

ø(6)¿ (5) The term ‘‘financial assistance’’ means funds appropriated by Congress and made available to the management 

entity for the purposes of preparing and implementing a Corridor Management Plan. 

ø(7)¿ (6) The term ‘‘management entity’’ means the entity 

recognized by the Secretary pursuant to section ø807(a)¿ 

805(a) to receive, distribute, and account for Federal funds appropriated for the purposes of this title. 

SEC. 804. OHIO & ERIE øCANAL NATIONAL HERITAGE CORRIDOR¿ NATIONAL HERITAGE CANALWAY. 

(a) ESTABLISHMENT.—There is established in the State of Ohio 

the Ohio & Erie øCanal National Heritage Corridor¿ National Heritage Canalway. 

(b) BOUNDARIES.—

(1) IN GENERAL.—The boundaries of øthe corridor¿ the 

Canalway shall be composed of the lands that are generally 

the route of the Ohio & Erie Canal from Cleveland to Zoar, 

Ohio, as depicted in the 1993 National Park Service Special 

Resources Study, ‘‘A Route to Prosperity’’, subject to paragraph 

(2). The specific boundaries shall be those specified in the management plan submitted under section ø808¿ 806. The Secretary shall prepare a map of øthe corridor¿ the Canalway 

which shall be on file and available for public inspection in the 

office of the Director of the National Park Service. 

(2) CONSENT OF LOCAL GOVERNMENTS.—No privately owned 

property shall be included within the boundaries of øthe corridor¿ the Canalway unless the municipality in which the 

property is located agrees to be so included and submits notification of such agreement to the Secretary. 

(c) ADMINISTRATION.—øThe corridor¿ The Canalway shall be administered in accordance with the provisions of this title. 

øSEC. 805. THE OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR 

COMMITTEE. 

ø(a) ESTABLISHMENT.—There is hereby established a Committee 

to be known as the ‘‘Ohio & Erie Canal National Heritage Corridor 

Committee’’, whose purpose shall be to assist Federal, State, and 

local authorities and the private sector in the preparation and implementation of an integrated Corridor Management Plan. 

ø(b) MEMBERSHIP.—The Committee shall be comprised of 21 

members, as follows: 

ø(1) Four individuals, appointed by the Secretary after consideration of recommendations submitted by the Greater Cleveland Growth Association, the Akron Regional Development 

Board, the Stark Development Board, and the Tuscarawas 

County Chamber of Commerce, who shall include one representative of business and industry from each of Ohio counties of Cuyahoga, Summit, Stark, and Tuscarawas. 

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ø(2) One individual, appointed by the Secretary after consideration of recommendations submitted by the Director of the 

Ohio Department of Travel and Tourism, who is a director of 

a convention and tourism bureau within øthe corridor¿ the 

Canalway. 

ø(3) One individual, appointed by the Secretary after consideration of recommendations submitted by the Ohio Historic 

Preservation Officer, with knowledge and experience in the 

field of historic preservation. 

ø(4) One individual, appointed by the Secretary after consideration of recommendations submitted by the Director of the 

National Park Service, with knowledge and experience in the 

field of historic preservation. 

ø(5) Three individuals appointed by the Secretary after consideration of recommendations submitted by the county or metropolitan park boards in the Ohio counties of Cuyahoga, Summit, and Stark. 

ø(6) Eight individuals appointed by the Secretary after consideration of recommendations submitted by the county commissioners or county chief executive of the Ohio counties of 

Cuyahoga, Summit, Stark and Tuscarawas, including—

ø(A) from each county, one representative of the planning offices of the county; and 

ø(B) from each county, one representative of a municipality in the county. 

ø(7) Two individuals appointed by the Secretary after consideration of recommendations submitted by the Governor of 

Ohio, who shall be representatives of the Directors of the Ohio 

Department of Natural Resources and the Ohio Department of 

Transportation. 

ø(8) The Superintendent of the Cuyahoga Valley National 

Recreation Area, ex officio. 

ø(c) APPOINTMENTS.—

ø(1) IN GENERAL.—Except as provided in paragraph (2), 

members of the Committee shall be appointed for terms of 

three years and may be reappointed. 

ø(2) INITIAL APPOINTMENTS.—The Secretary shall appoint the 

initial members of the Committee within 30 days after the date 

on which the Secretary has received all recommendations pursuant to subsection (b). Of the members first appointed—

ø(A) the members appointed pursuant to subsection 

(b)(6)(B) shall be appointed to a term of two years and may 

not be reappointed to a consecutive term; and 

ø(B) the member appointed pursuant to subsection (b)(2) 

shall be appointed to a term of two years and may not be 

reappointed to a consecutive term. 

ø(d) CHAIR AND VICE CHAIR.—The chair and vice chair of the 

Committee shall be elected by the members of the Committee. The 

terms of the chair and vice chair shall be two years. 

ø(e) VACANCY.—A vacancy in the Committee shall be filled in the 

manner in which the original appointment was made. Any member 

appointed to fill a vacancy occurring before the expiration of the 

term for which their predecessor was appointed shall be appointed 

only for the remainder of such term. Any member of the Committee 

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appointed for a definite term may serve after the expiration of their 

term until their successor has taken office. 

ø(f) COMPENSATION AND EXPENSES.—Members of the Committee 

shall serve without compensation for their service on the Committee. 

ø(g) QUORUM.—Eleven members of the Committee shall constitute a quorum. 

ø(h) MEETINGS.—The Committee shall meet at least quarterly at 

the call of the chairperson or 11 of its members. Meetings of the 

Committee shall be subject to section 552b of title 5, United States 

Code (relating to open meetings). 

ø(i) NOT TREATED AS ADVISORY COMMITTEE.—The Committee 

shall not be treated as an Advisory Committee for purposes of the 

Federal Advisory Committee Act (5 U.S.C. App.).¿ 

øSEC. 806. POWERS AND DUTIES OF THE NATIONAL HERITAGE CORRIDOR COMMITTEE. 

ø(a) HEARINGS.—The Committee may, for the purpose of carrying 

out this title, hold such hearings, sit and act at such times and 

places, take such testimony, and receive such evidence, as the Committee considers appropriate. The Committee may not issue subpoenas or exercise any subpoena authority. 

ø(b) BYLAWS.—The Committee may make such bylaws and rules, 

consistent with this title, as it considers necessary to carry out its 

functions under this title. 

ø(c) POWERS OF MEMBERS AND AGENTS.—Any member or agent 

of the Committee, if so authorized by the Committee, may take any 

action which the Committee is authorized to take by this title. 

ø(d) CORRIDOR MANAGEMENT PLAN.—Upon submission of a draft 

Corridor Management Plan to the Committee from the management entity, the Committee shall, within 60 days, review such plan 

for consistency with the purposes of this title and endorse the plan 

or return it to the management entity for revision. Upon endorsement of the Corridor Management Plan, the Committee shall submit such plan to the Secretary for approval pursuant to section 

808. 

ø(e) REVIEW OF BUDGET.—The Committee shall review on an annual basis the proposed expenditures of Federal funds by the management entity for consistency with the purpose of this title and 

the Corridor Management Plan.¿ 

SEC. ø807¿ 805. MANAGEMENT ENTITY. 

(a) ENTITY.—Upon petition, the Secretary is authorized to recognize the Ohio & Erie Canal Association as the management entity 

for the Heritage Corridor. 

(b) ELIGIBILITY.—To be eligible for designation as the management entity of øthe corridor¿ the Canalway, an entity must possess 

the legal ability to—

(1) receive Federal funds for use in preparing and implementing the management plan for øthe corridor¿ the 

Canalway; 

(2) disburse Federal funds to other units of government or 

other organizations for use in preparing and implementing the 

management plan for øthe corridor¿ the Canalway; 

(3) account for all Federal funds received or disbursed; and 

(4) sign agreements with the Federal Government. 

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(c) FEDERAL FUNDING.—

(1) AUTHORIZATION TO RECEIVE.—The management entity is 

authorized to receive appropriated Federal funds. 

(2) DISQUALIFICATION.—If a management plan for øthe corridor¿ the Canalway is not submitted to the Secretary as required under section ø808¿ 806 within the time specified herein, the management entity shall cease to be eligible for Federal 

funding under this title until such a plan regarding øthe corridor¿ the Canalway is submitted to the Secretary. 

(d) AUTHORITIES OF MANAGEMENT ENTITY.—The management entity of øthe corridor¿ the Canalway may, for purposes of preparing 

and implementing the management plan for øthe corridor¿ the 

Canalway, use Federal funds made available under this title—

(1) to make grants and loans to the State of Ohio, its political subdivisions, nonprofit organizations, and other persons; 

(2) to enter into cooperative agreements with, or provide 

technical assistance to, Federal agencies, the State of Ohio, its 

political subdivision, nonprofit organizations, and other persons; 

(3) to hire and compensate staff; 

(4) to obtain money from any source under any program or 

law requiring the recipient of such money to make a contribution in order to receive such money; and 

(5) to contract for goods and services. 

(e) PROHIBITION OF ACQUISITION OF REAL PROPERTY.—The management entity for øthe corridor¿ the Canalway may not use Federal funds received under this title to acquire real property or any 

interest in real property. 

SEC. ø808¿ 806. DUTIES OF THE MANAGEMENT ENTITY. 

(a) CORRIDOR MANAGEMENT PLAN.—

(1) SUBMISSION FOR REVIEW BY øCOMMITTEE¿ SECRETARY.—

Within 3 years after the date on which the Secretary has recognized the management entity for øthe corridor¿ the 

Canalway, the management entity shall develop and submit 

for review to the øCommittee¿ Secretary a management plan 

for øthe corridor¿ the Canalway. 

(2) PLAN REQUIREMENTS.—A management plan submitted 

under this title shall present comprehensive recommendations 

for the conservation, funding, management, and development 

of øthe corridor¿ the Canalway. The plan shall be prepared 

with public participation. The plan shall take into consideration existing Federal, State, county, and local plans and involve residents, public agencies, and private organizations in 

øthe corridor¿ the Canalway. The plan shall include a description of actions that units of government and private organizations are recommended to take to protect the resources of øthe 

corridor¿ the Canalway. The plan shall specify existing and potential sources of funding for the conservation, management, 

and development of øthe corridor¿ the Canalway. The plan also 

shall include the following, as appropriate: 

(A) An inventory of the resources contained in øthe corridor¿ the Canalway, including a list of property in øthe 

corridor¿ the Canalway that should be conserved, restored, 

managed, developed, or maintained because of the natural, 

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cultural, or historic significance of the property as it relates to the themes of øthe corridor¿ the Canalway. 

(B) A recommendation of policies for resource management that consider and detail the application of appropriate land and water management techniques, including 

(but not limited to) the development of intergovernmental 

cooperative agreements to manage the historical, cultural, 

and natural resources and recreational opportunities of 

øthe corridor¿ the Canalway in a manner consistent with 

the support of appropriate and compatible economic viability. 

(C) A program, including plans for restoration and construction, for implementation of the management plan by 

the management entity and specific commitments, for the 

first six years of operation of the plan by the partners 

identified in said plan. 

(D) An analysis of means by which Federal, State, and 

local programs may best be coordinated to promote the 

purposes of this title. 

(E) An interpretive plan for øthe corridor¿ the 

Canalway. 

(3) APPROVAL AND DISAPPROVAL OF øTHE CORRIDOR¿ THE

CANALWAY MANAGEMENT PLAN.— (A) IN GENERAL.—Upon submission of øthe Corridor¿ the 

Canalway Management Plan øfrom the Committee.¿, the 

Secretary shall approve or disapprove said plan not later 

than 60 days after receipt of the plan. If the Secretary has 

taken no action after 60 days upon receipt, the plan shall 

be considered approved. 

(B) DISAPPROVAL AND REVISIONS.—If the Secretary disapproves øthe Corridor¿ the Canalway Management Plan, 

the Secretary shall advise the øCommittee¿ management 

entity, in writing, of the reasons for the disapproval and 

shall make recommendations for revision of the plan. The 

Secretary shall approve or disapprove proposed revisions 

to the plan not later than 60 days after receipt of such revision. If the Secretary has taken no action for 60 days 

after receipt, the plan shall be considered approved. 

(b) PRIORITIES.—The management entity shall give priority to the 

implementation of actions, goals, and policies set forth in the management plan for øthe corridor¿ the Canalway, including— (1) assisting units of government, regional planning organizations, and nonprofit organizations— (A) in conserving øthe corridor¿ the Canalway; 

(B) in establishing and maintaining interpretive exhibits 

in øthe corridor¿ the Canalway; 

(C) in developing recreational opportunities in øthe corridor¿ the Canalway; 

(D) in increasing public awareness of and appreciation 

for the natural, historical, and cultural resources of øthe 

corridor¿ the Canalway; 

(E) in the restoration of historic buildings that are located within the boundaries of øthe corridor¿ the 

Canalway and relate to the themes of øthe corridor¿ the 

Canalway; and 

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(F) in ensuring that clear, consistent, and environmentally appropriate signs identifying access points and 

sites of interest are put in place throughout øthe corridor¿ 

the Canalway; and 

(2) consistent with the goals of the management plan, encouraging economic viability in the affected communities by appropriate means. 

(c) CONSIDERATION OF INTERESTS OF LOCAL GROUPS.—The management entity shall, in preparing and implementing the management plan for øthe corridor¿ the Canalway, consider the interest of 

diverse units of government, businesses, private property owners, 

and nonprofit groups within the geographic area. 

(d) PUBLIC MEETINGS.—The management entity shall conduct 

public meetings at least quarterly regarding the implementation of 

øthe Corridor¿ the Canalway Management Plan. 

(e) ANNUAL REPORTS.—The management entity shall, for any fiscal year in which it receives Federal funds under this title or in 

which a loan made by the entity with Federal funds under section 

ø807(d)(1)¿805(d)(1) is outstanding, submit an annual report to the 

Secretary setting forth its accomplishments, its expenses and income, and the entities to which it made any loans and grants during the year for which the report is made. 

(f) COOPERATION WITH AUDITS.—The management entity shall, 

for any fiscal year in which it receives Federal funds under this 

title or in which a loan made by the entity with Federal funds 

under section ø807(d)(1)¿ 805(d)(1) is outstanding, make available 

for audit by the Congress, the Secretary, and appropriate units of 

government all records and other information pertaining to the expenditure of such funds and any matching funds, and require, for 

all agreements authorizing expenditure of Federal funds by other 

organizations, that the receiving organizations make available for 

such audit all records and other information pertaining to the expenditure of such funds. 

SEC. ø809¿ 807. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. 

(a) TECHNICAL ASSISTANCE AND GRANTS.— (1) IN GENERAL.—The Secretary may provide technical assistance and grants to units of government, nonprofit organizations, and other persons, upon request of the management entity of øthe corridor¿ the Canalway, and to the management 

entity, regarding the management plan and its implementation. 

(2) PROHIBITION OF CERTAIN REQUIREMENTS.—The Secretary 

may not, as a condition of the award of technical assistance or 

grants under this section, require any recipient of such technical assistance or grant to enact or modify land use restrictions. 

(3) DETERMINATIONS REGARDING ASSISTANCE.—The Secretary 

shall decide if øthe corridor¿ the Canalway shall be awarded 

technical assistance or grants and the amount of that assistance. Such decisions shall be based on the relative degree to 

which øthe corridor¿ the Canalway effectively fulfills the objectives contained in øthe Corridor¿ the Canalway Management 

Plan and achieves the purposes of this title. Such decisions 

shall give consideration to projects which provide a greater leverage of Federal funds. 

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(b) PROVISION OF INFORMATION.—In cooperation with other Federal agencies, the Secretary shall provide the general public with 

information regarding the location and character of øthe corridor¿ 

the Canalway. 

(c) OTHER ASSISTANCE.—Upon request, the Superintendent of 

øCuyahoga Valley National Recreation Area¿ Cuyahoga Valley National Park may provide to public and private organizations within 

øthe corridor¿ the Canalway (including the management entity for 

øthe corridor¿ the Canalway) such operational assistance as appropriate to support the implementation of øthe Corridor¿ the 

Canalway Management Plan, subject to the availability of appropriated funds. The Secretary is authorized to enter into cooperative 

agreements with public and private organizations for the purposes 

of implementing this subsection. 

(d) DUTIES OF OTHER FEDERAL AGENCIES.—Any Federal entity 

conducting any activity directly affecting øthe corridor¿ the 

Canalway shall consider the potential effect of the activity on øthe 

Corridor¿ the Canalway Management Plan and shall consult with 

the management entity of øthe corridor¿ the Canalway with respect to the activity to minimize the adverse effects of the activity 

on øthe corridor¿ the Canalway. 

SEC. ø810¿ 808. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY. 

(a) LACK OF EFFECT ON AUTHORITY OF GOVERNMENTS.—Nothing 

in this title shall be construed to modify, enlarge, or diminish any 

authority of Federal, State, or local governments to regulate any 

use of land as provided for by law or regulation. 

(b) LACK OF ZONING OR LAND USE POWERS.—Nothing in this title 

shall be construed to grant powers of zoning or land use control to 

the øCommittee or¿ management entity of øthe corridor¿ the 

Canalway. 

(c) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT AFFECTED.—

Nothing in this title shall be construed to affect or to authorize the 

[Committee] management entity to interfere with—

(1) the rights of any person with respect to private property; 

or 

(2) any local zoning ordinance or land use plan of the State 

of Ohio or a political subdivision thereof. 

SEC. ø811¿ 809. SUNSET. 

The Secretary may not make any grant or provide any financial 

assistance under this title after September 30, 2012. 

SEC. ø812¿ 810. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated under 

this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

øthe corridor¿ the Canalway under this title. 

(b) 50 PERCENT MATCH.—Federal funding provided under this 

title, after the designation of øthe corridor¿ the Canalway, may not 

exceed 50 percent of the total cost of any assistance or grant provided or authorized under this title. 

Æ 

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