IIA

103D CONGRESS

2D SESSION H. R. 5044

IN THE SENATE OF THE UNITED STATES

OCTOBER 6 (legislative day, SEPTEMBER 12), 1994

Received

OCTOBER 8 (legislative day, SEPTEMBER 12), 1994

Read twice and referred to the Committee on Energy and Natural Resources

AN ACT

To establish the American Heritage Areas Partnership

Program, and for other purposes.

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘American Heritage Areas Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Definitions.

TITLE I—AMERICAN HERITAGE AREAS PARTNERSHIP PROGRAM

Sec. 101. Short title.

Sec. 102. Congressional findings.

Sec. 103. Statement of purpose.

Sec. 104. Definitions.
2

•HR 5044 RFS

Sec. 105. American Heritage Areas Partnership Program.

Sec. 106. Feasibility studies, compacts, management plans, and early actions.

Sec. 107. Management entities.

Sec. 108. Withdrawal of designation.

Sec. 109. Duties and authorities of Federal agencies.

Sec. 110. Lack of effect on land use regulation.

Sec. 111. Authorization of appropriations.

Sec. 112. Expiration of authorities.

Sec. 113. Report.

Sec. 114. Savings provision.

TITLE II—DESIGNATION OF AMERICAN HERITAGE AREAS

Sec. 201. American Coal Heritage Area.

Sec. 202. Augusta Canal American Heritage Area.

Sec. 203. Cane River American Heritage Area.

Sec. 204. Essex American Heritage Area.

Sec. 205. Hudson River Valley American Heritage Area.

Sec. 206. Ohio & Erie Canal American Heritage Area.

Sec. 207. Shenandoah Valley Battlefields American Heritage Area.

Sec. 208. Steel Industry American Heritage Area.

Sec. 209. Vancouver American Heritage Area.

Sec. 210. Wheeling American Heritage Area.

TITLE III—STUDIES REGARDING POTENTIAL AMERICAN

HERITAGE AREAS

Sec. 301. Ohio River Corridor.

Sec. 302. Fox and Lower Wisconsin River Corridors.

Sec. 303. South Carolina Corridor.

Sec. 304. Northern Frontier.

TITLE IV—BLACKSTONE RIVER VALLEY NATIONAL HERITAGE

CORRIDOR AMENDMENTS

Sec. 401. Boundaries, commission, and revision of plan.

Sec. 402. Implementation of plan.

Sec. 403. Authorization of appropriations.

TITLE V—BRAMWELL NATIONAL HISTORIC DISTRICT

Sec. 501. Bramwell National Historic District.

TITLE VI—SOUTHWESTERN PENNSYLVANIA AMERICAN

HERITAGE AREA AMENDMENTS

Sec. 601. Short title.

Sec. 602. Designation of Southwestern Pennsylvania American Heritage Area.

Sec. 603. Powers of the commission.

Sec. 604. Federal participation.

Sec. 605. Congressional oversight.

Sec. 606. Authorization of appropriations.

Sec. 607. Path of progress.

1 SEC. 2. DEFINITIONS.

2 For purposes of this Act:
3

•HR 5044 RFS

1 (1) The term ‘‘compact’’ means a compact de2 scribed in section 106(a)(2).

3 (2) The term ‘‘Secretary’’ means the Secretary

4 of the Interior.

5 TITLE I—AMERICAN HERITAGE

6 AREAS PARTNERSHIP PROGRAM

7 SEC. 101. SHORT TITLE.

8 This title may be cited as the ‘‘American Heritage

9 Areas Partnership Program Act of 1994’’.

10 SEC. 102. CONGRESSIONAL FINDINGS.

11 The Congress finds that—

12 (1) certain areas of the United States represent

13 the diversity of the national character through the

14 interaction of natural processes, distinctive land15 scapes, cultural traditions, and economic and social

16 forces that have combined to create a particular pat17 tern of human settlement and activity;

18 (2) in these areas, natural, historic, or cultural

19 resources, or some combination thereof, combine to

20 form a cohesive, nationally distinctive landscape aris21 ing from patterns of human activity shaped by geog22 raphy;

23 (3) these areas represent the national experi24 ence through the physical features that remain and

25 the traditions that have evolved in the areas;
4

•HR 5044 RFS

1 (4) continued use and adaptive reuses of the

2 natural and cultural fabric within these areas by

3 people whose traditions helped to shape the land4 scapes enhance the significance of the areas;

5 (5) despite existing Federal programs and exist6 ing efforts by States and localities, the natural, his7 toric, and cultural resources and recreational oppor8 tunities in these areas are often at risk; and

9 (6) the complexity and character of these areas

10 distinguish them and call for a distinctive system of

11 recognition, protection, and partnership manage12 ment.

13 SEC. 103. STATEMENT OF PURPOSE.

14 The purposes of this title are—

15 (1) to recognize that the natural, historic, and

16 cultural resources and recreational opportunities of

17 the United States represent and are important to

18 the great and diverse character of the Nation, and

19 that these resources and opportunities must be

20 guarded, preserved, and wisely managed so they may

21 be passed on to future generations;

22 (2) to recognize that combinations of such re23 sources and opportunities, as they are geographically

24 assembled and thematically related, form areas that

25 provide unique frameworks for understanding the
5

•HR 5044 RFS

1 historical, cultural, and natural development of the

2 community and its surroundings;

3 (3) to preserve such assemblages that are wor4 thy of national recognition, designation, and assist5 ance, and to encourage linking such resources within

6 such areas through greenways, corridors, and trails;

7 (4) to encourage appropriate partnerships

8 among Federal agencies, State and local govern9 ments, nonprofit organizations, and the private sec10 tor, or combinations thereof, to preserve, conserve,

11 and manage those resources and opportunities, ac12 commodate economic viability, and enhance the qual13 ity of life for the present and future generations of

14 the Nation;

15 (5) to authorize Federal financial and technical

16 assistance to State and local governments and pri17 vate nonprofit organizations, or combinations there18 of, to study and promote the potential for conserving

19 and interpreting these areas; and

20 (6) to prescribe the process by which, and the

21 standards according to which, prospective American

22 Heritage Areas may be assessed for eligibility and

23 included in the American Heritage Areas Partner24 ship Program established by this title.
6

•HR 5044 RFS

1 SEC. 104. DEFINITIONS.

2 For purposes of this title:

3 (1) AMERICAN HERITAGE AREA.—The term

4 ‘‘American Heritage Area’’ means an area so des5 ignated under this title.

6 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’

7 means any Indian tribe, band, nation, pueblo, or

8 other organized group or community, including any

9 Alaska Native village or regional corporation as de10 fined in or established pursuant to the Alaska Na11 tive Claims Settlement Act (43 U.S.C. 1601 et seq.),

12 which is recognized as eligible for the special pro13 grams and services provided by the United States to

14 Indians because of their status as Indians.

15 (3) TECHNICAL ASSISTANCE.—The term ‘‘tech16 nical assistance’’ means any guidance, advice, help,

17 or aid, other than financial aid.

18 (4) UNIT OF GOVERNMENT.—The term ‘‘unit of

19 government’’ means the government of a State, a

20 political subdivision of a State, or an Indian tribe.

21 SEC. 105. AMERICAN HERITAGE AREAS PARTNERSHIP PRO22 GRAM.

23 (a) ESTABLISHMENT.—In order to preserve nation24 ally distinctive natural, historic, and cultural resources,

25 and to provide opportunities for conservation, education,

26 and recreation through recognition of and assistance to
7

•HR 5044 RFS

1 areas containing such resources, there is hereby estab2 lished within the Department of the Interior an American

3 Heritage Areas Partnership Program, which shall consist

4 of American Heritage Areas designated under subsection

5 (d).

6 (b) GENERAL AUTHORITY OF SECRETARY.—In ac7 cordance with the purposes of this title, the Secretary is

8 authorized—

9 (1) to evaluate, in accordance with the criteria

10 established in subsection (c), areas nominated under

11 this title for designation as American Heritage

12 Areas;

13 (2) to advise State and local governments, non14 profit organizations, and other appropriate entities

15 regarding suitable methods of recognizing and pre16 serving thematically and geographically linked natu17 ral, historic, and cultural resources and recreational

18 opportunities; and

19 (3) to consider any American Heritage Area,

20 designated under this or any other Act, for nomina21 tion to the World Heritage List if the Secretary de22 termines that such area meets the qualifications for

23 such nomination.
8

•HR 5044 RFS

1 (c) CRITERIA.—To be eligible for designation as an

2 American Heritage Area, an area shall meet each of the

3 following criteria:

4 (1) ASSEMBLAGE OF RESOURCES.—The area

5 shall be an assemblage of natural, historic, or cul6 tural resources that—

7 (A) together represent distinctive aspects

8 of American heritage worthy of recognition,

9 preservation, interpretation, and continuing use;

10 and

11 (B) are best managed as such an assem12 blage, through partnerships among public and

13 private entities, and by combining diverse and

14 sometimes noncontiguous resources and active

15 communities.

16 (2) TRADITIONS, CUSTOMS, BELIEFS, OR

17 FOLKLIFE.—The area shall reflect traditions, cus18 toms, beliefs, or folklife, or some combination there19 of, that are a valuable part of the story of the

20 Nation.

21 (3) CONSERVATION OF NATURAL, CULTURAL,

22 OR HISTORIC FEATURES.—The area shall provide

23 outstanding opportunities to conserve natural, cul24 tural, or historic features, or some combination

25 thereof.
9

•HR 5044 RFS

1 (4) RECREATIONAL AND EDUCATIONAL OPPOR2 TUNITIES.—The area shall provide outstanding rec3 reational and educational opportunities.

4 (5) THEMES AND INTEGRITY OF RESOURCES.—

5 The area shall have an identifiable theme or themes,

6 and resources important to the identified theme or

7 themes shall retain integrity capable of supporting

8 interpretation.

9 (6) SUPPORT.—Residents, nonprofit organiza10 tions, other private entities, and governments within

11 the proposed area shall demonstrate support for des12 ignation of the area and for management of the area

13 as appropriate for such designation.

14 (7) AGREEMENTS.—The principal organization

15 and units of government supporting the designation

16 shall be willing to commit to agreements to work in

17 partnership to implement the management plan of

18 the area.

19 (8) CONSISTENCY WITH ECONOMIC VIABIL20 ITY.—The proposal shall be consistent with contin21 ued economic viability in the affected communities.

22 (9) CONSENT OF LOCAL GOVERNMENTS.—No

23 county, city, or town shall be included within the

24 boundaries of the area unless the government of

25 such county, city, or town agrees to be so included
10

•HR 5044 RFS

1 and submits notification of such agreement to the

2 Secretary.

3 (d) CONDITIONS FOR DESIGNATION.—An area may

4 be designated as an American Heritage Area only by an

5 Act of Congress or by the means provided in title II. Ex6 cept as otherwise provided in title II, the Congress may

7 designate an area as an American Heritage Area only

8 after each of the following conditions is met:

9 (1) SUBMISSION OF STUDY AND COMPACT TO

10 SECRETARY.—An entity requesting American Herit11 age Area designation for the area submits to the

12 Secretary a feasibility study and compact meeting

13 the requirements of section 106(a). The comments

14 of the Governor of each State in which the proposed

15 American Heritage Area lies, or a statement by the

16 entity that such Governor has failed to comment

17 within a reasonable time after receiving the study

18 and compact, accompanies such submittal to the

19 Secretary.

20 (2) APPROVAL AND SUBMISSION BY SEC21 RETARY.—The Secretary approves, pursuant to sec22 tion 106(b), the feasibility study and compact re23 ferred to in paragraph (1) and submits the study

24 and compact to the Congress together with any com-
11

•HR 5044 RFS

1 ments that the Secretary deems appropriate regard2 ing a preferred action.

3 (e) RELATION TO NATIONAL REGISTER OF HISTORIC

4 PLACES.—The act of designation of an American Heritage

5 Area shall not be deemed to signify that such American

6 Heritage Area is included on, or eligible for inclusion on,

7 the National Register of Historic Places, as established

8 in accordance with section 101 of the National Historic

9 Preservation Act (16 U.S.C. 470a). Designation of an

10 American Heritage Area shall not preclude the American

11 Heritage Area or any district, site, building, structure, or

12 object located within the American Heritage Area from

13 subsequently being nominated to, or determined eligible

14 for inclusion on, the National Register.

15 SEC. 106. FEASIBILITY STUDIES, COMPACTS, MANAGEMENT

16 PLANS, AND EARLY ACTIONS.

17 (a) CONTENTS AND REQUIREMENTS.—

18 (1) FEASIBILITY STUDIES.—Each feasibility

19 study submitted under this title shall include suffi20 cient information to determine whether an area has

21 the potential to meet the criteria referred to in sec22 tion 105(c). Such information shall include, but need

23 not be limited to, each of the following:

24 (A) A description of the natural, historic,

25 and cultural resources and recreational opportu-
12

•HR 5044 RFS

1 nities presented by the area, including an as2 sessment of the quality and degree of integrity

3 of, the availability of public access to, and the

4 themes represented by such resources and op5 portunities.

6 (B) An assessment of the interest of poten7 tial partners, including units of government,

8 nonprofit organizations, and other private enti9 ties.

10 (C) A description of tentative boundaries

11 for an American Heritage Area proposed to be

12 established in the area.

13 (D) Identification of a possible manage14 ment entity for an American Heritage Area

15 proposed to be established in the area.

16 (E) An inventory of the amount of land in

17 the area owned by public, private, and private

18 nonprofit entities, respectively.

19 (2) COMPACTS.—(A) A compact submitted

20 under this title shall include information relating to

21 the objectives and management of an area proposed

22 for designation as an American Heritage Area. Such

23 information shall include, but need not be limited to,

24 each of the following:
13

•HR 5044 RFS

1 (i) A delineation of the boundaries of the

2 proposed American Heritage Area.

3 (ii) A discussion of the goals and objectives

4 of the proposed American Heritage Area, in5 cluding an explanation of the proposed ap6 proach to conservation and interpretation and a

7 general outline of the protection measures com8 mitted to by the partners referred to in clause

9 (iv).

10 (iii) An identification and description of

11 the management entity that will administer the

12 proposed American Heritage Area.

13 (iv) A list of the initial partners to be in14 volved in developing and implementing the man15 agement plan referred to in paragraph (3) for

16 the proposed American Heritage Area, and a

17 statement of the financial commitment of the

18 partners.

19 (v) A description of the role of the State

20 or States in which the proposed American Her21 itage Area is located.

22 (B)(i) The compact shall be prepared with pub23 lic participation.

24 (ii) Actions called for in the compact shall be

25 likely to be initiated within a reasonable time after
14

•HR 5044 RFS

1 designation of the proposed American Heritage Area

2 and shall ensure effective implementation of the

3 State and local aspects of the compact.

4 (3) MANAGEMENT PLANS.—A management

5 plan submitted under this title for an American Her6 itage Area shall present comprehensive recommenda7 tions for the conservation, funding, management,

8 and development of the area. The plan shall take

9 into consideration existing State, county, and local

10 plans and involve residents, public agencies, and pri11 vate organizations in the area. It shall include a de12 scription of the actions recommended to be taken, to

13 protect the resources of the area, by units of govern14 ment and private organizations. It shall specify ex15 isting and potential sources of funding for the pro16 tection, management, and development of the area.

17 The plan also shall include the following, as appro18 priate:

19 (A) A recommendation of policies for re20 source management that consider and detail the

21 application of appropriate land and water man22 agement techniques, including (but not limited

23 to) the development of intergovernmental coop24 erative agreements to protect the historical, cul25 tural, and natural resources and the rec-
15

•HR 5044 RFS

1 reational opportunities of the area in a manner

2 consistent with the support of appropriate and

3 compatible economic viability.

4 (B) A program, including plans for res5 toration and construction, for implementation

6 of the management plan by the management

7 entity specified in the compact referred to in

8 paragraph (2) and specific commitments, for

9 the first 5 years of operation of the plan, by the

10 partners identified in the compact.

11 (C) An analysis of means by which Fed12 eral, State, and local programs may best be co13 ordinated to promote the purposes of this title.

14 (D) An interpretive plan for the American

15 Heritage Area.

16 (4) EARLY ACTIONS.—After designation of an

17 American Heritage Area but prior to approval of the

18 management plan for that area, the Secretary may

19 provide technical and financial assistance for early

20 actions that are important to the theme of the area

21 and that protect resources that would be in immi22 nent danger of irreversible damage without such

23 early actions.

24 (b) APPROVAL AND DISAPPROVAL OF COMPACTS AND

25 MANAGEMENT PLANS.—
16

•HR 5044 RFS

1 (1) IN GENERAL.—The Secretary, in consulta2 tion with the Governors of each State in which the

3 relevant American Heritage Area, or proposed area,

4 is located, shall approve or disapprove every compact

5 or management plan submitted under this title not

6 later than 90 days after receiving such compact or

7 management plan. Prior to approving the compact

8 or plan, the Secretary shall consult with the Advi9 sory Council on Historic Preservation in accordance

10 with section 106 of the National Historic Preserva11 tion Act (16 U.S.C. 470f).

12 (2) DISAPPROVAL AND REVISIONS.—If the Sec13 retary disapproves a compact or management plan

14 submitted under this title, the Secretary shall advise

15 the submitter, in writing, of the reasons for the dis16 approval and shall make recommendations for revi17 sions of the compact or plan. The Secretary shall ap18 prove or disapprove a proposed revision to such a

19 compact or plan within 90 days after the date on

20 which the revision is submitted to the Secretary.

21 (3) AMENDMENTS TO MANAGEMENT PLANS.—

22 The Secretary shall review substantial amendments

23 to management plans for American Heritage Areas.

24 Funds appropriated pursuant to this title may not
17

•HR 5044 RFS

1 be expended to implement such amendments until

2 the Secretary approves the amendments.

3 (4) NO REQUIREMENT FOR LAND USE REGULA4 TION AS CONDITION FOR APPROVAL.—No provision

5 of this title shall be construed to require any change

6 in land use regulation as a condition of approval of

7 a compact, management plan, or revision of a com8 pact or management plan by the Secretary.

9 SEC. 107. MANAGEMENT ENTITIES.

10 (a) IN GENERAL.—

11 (1) RECEIPT OF FEDERAL FUNDS.—Manage12 ment entities that are designated in compacts ap13 proved under section 106(b) for American Heritage

14 Areas are authorized to receive Federal funds in

15 support of cooperative partnerships to prepare and

16 implement the management plans regarding the

17 American Heritage Areas and to otherwise perform

18 the functions contemplated in this title.

19 (2) ELIGIBILITY.—To be eligible for designa20 tion as the management entity of an American Her21 itage Area, a unit of government or private nonprofit

22 organization must possess the legal ability to—

23 (A) receive Federal funds for use in pre24 paring and implementing the management plan

25 for the area;
18

•HR 5044 RFS

1 (B) disburse Federal funds to other units

2 of government or other organizations for use in

3 preparing and implementing the management

4 plan;

5 (C) account for all Federal funds so re6 ceived or disbursed; and

7 (D) sign agreements with the Federal Gov8 ernment.

9 (3) MEMBERSHIP.—A management entity for

10 an American Heritage Area should, to the fullest ex11 tent possible, consist of diverse governmental, busi12 ness, and nonprofit groups within the geographic

13 area of the American Heritage Area.

14 (b) AUTHORITIES OF MANAGEMENT ENTITY.—The

15 management entity of an American Heritage Area may,

16 for purposes of preparing and implementing the manage17 ment plan for the area, use Federal funds made available

18 under this title—

19 (1) to make grants and loans to States, political

20 subdivisions thereof, private organizations, and other

21 persons;

22 (2) to enter into cooperative agreements with

23 Federal agencies; and

24 (3) to hire and compensate staff.
19

•HR 5044 RFS

1 (c) DUTIES OF MANAGEMENT ENTITY.—The man2 agement entity for an American Heritage Area shall do

3 each of the following:

4 (1) MANAGEMENT PLAN.—The management

5 entity shall develop, and submit to the Secretary for

6 approval, a management plan described in section

7 106(a)(3) within 3 years after the date of the des8 ignation of the area as an American Heritage Area.

9 (2) PRIORITIES.—The management entity shall

10 give priority to the implementation of actions, goals,

11 and policies set forth in the compact and manage12 ment plan referred to in section 106(a), including—

13 (A) assisting units of government, regional

14 planning organizations, and nonprofit organiza15 tions—

16 (i) in preserving the American Herit17 age Area;

18 (ii) in establishing and maintaining

19 interpretive exhibits in the area;

20 (iii) in developing recreational oppor21 tunities in the area;

22 (iv) in increasing public awareness of

23 and appreciation for the natural, historical,

24 and cultural resources of the area;
20

•HR 5044 RFS

1 (v) in the restoration of historic build2 ings that are located within the boundaries

3 of the area and relate to the themes of the

4 area; and

5 (vi) in ensuring that clear, consistent,

6 and environmentally appropriate signs

7 identifying access points and sites of inter8 est are put in place throughout the area;

9 and

10 (B) consistent with the goals of the man11 agement plan referred to in section 106(a)(3),

12 encouraging economic viability in the affected

13 communities by appropriate means.

14 (3) CONSIDERATION OF INTERESTS OF LOCAL

15 GROUPS.—The management entity shall, in develop16 ing and implementing the management plan referred

17 to in section 106(a)(3), consider the interests of di18 verse governmental, business, and nonprofit groups

19 within the geographic area.

20 (4) PUBLIC MEETINGS.—The management en21 tity shall conduct public meetings at least quarterly

22 regarding the implementation of the management

23 plan referred to in section 106(a)(3).

24 (5) SUBMISSION OF CHANGES IN PLAN.—The

25 management entity shall submit any substantial
21

•HR 5044 RFS

1 changes to the management plan referred to in sec2 tion 106(a)(3) (including any increase of more than

3 20 percent in the cost estimates for implementation

4 of the management plan) to the Secretary for the

5 approval of the Secretary.

6 (6) ANNUAL REPORT.—The management entity

7 shall, for any fiscal year in which it receives Federal

8 funds under this title or in which a loan made by

9 the entity with Federal funds under section

10 107(b)(1) is outstanding, submit an annual report to

11 the Secretary setting forth its accomplishments, its

12 expenses and income, and the entities to which it

13 made any loans and grants during the year for

14 which the report is made.

15 (7) COOPERATION WITH AUDITS.—The manage16 ment entity shall, for any fiscal year in which it re17 ceives Federal funds under this title or in which a

18 loan made by the entity with Federal funds under

19 section 107(b)(1) is outstanding, make available for

20 audit by the Congress, the Secretary, and appro21 priate units of government all records and other in22 formation pertaining to the expenditure of such

23 funds and any matching funds, and require, for all

24 agreements authorizing expenditure of Federal funds

25 by other organizations, that the receiving organiza-
22

•HR 5044 RFS

1 tions make available for such audit all records and

2 other information pertaining to the expenditure of

3 such funds.

4 (8) LIABILITY FOR LOANS.—The management

5 entity shall be liable to the Federal Government for

6 any loans that the management entity makes under

7 section 107(b)(1).

8 (d) DISQUALIFICATION FOR FEDERAL FUNDING.—If

9 a management plan regarding an American Heritage Area

10 is not submitted to the Secretary as required under sub11 section (c)(1) within the time specified in such subsection,

12 the American Heritage Area shall cease to be eligible for

13 Federal funding under this title until such a plan regard14 ing the American Heritage Area is submitted to the Sec15 retary.

16 (e) PROHIBITION OF ACQUISITION OF REAL PROP17 ERTY.—A management entity for an American Heritage

18 Area may not use Federal funds received under this title

19 to acquire real property or interest in real property. No

20 provision of this title shall prohibit any management entity

21 from using Federal funds from other sources for their per22 mitted purposes.

23 (f) DURATION OF ELIGIBILITY FOR FINANCIAL AS24 SISTANCE.—
23

•HR 5044 RFS

1 (1) IN GENERAL.—A management entity for an

2 American Heritage Area shall be eligible to receive

3 funds appropriated pursuant to this title for a 10-

4 year period beginning on the day on which the

5 American Heritage Area is designated, except as

6 provided in paragraph (2).

7 (2) EXTENSION OF ELIGIBILITY.—The eligi8 bility of a management entity for funding under this

9 title may be extended, by the Secretary, for a period

10 of not more than a 5 years after the 10-year period

11 referred to in paragraph (1), if—

12 (A) the management entity determines

13 that the extension is necessary in order to carry

14 out the purposes of this title and notifies the

15 Secretary of such determination not later than

16 180 days prior to the end of the 10-year period

17 referred to in paragraph (1);

18 (B) the management entity, not later than

19 180 days prior to the end of the 10-year period

20 referred to in paragraph (1), presents to the

21 Secretary a plan of its activities for the period

22 of the extension, including provisions for becom23 ing independent of the funds made available

24 pursuant to this title; and
24

•HR 5044 RFS

1 (C) the Secretary, after consulting with the

2 Governor of each State in which the American

3 Heritage Area is located, approves such exten4 sion of eligibility.

5 (3) LACK OF EFFECT OF EXTENSION ON FUND6 ING LIMITATIONS.—An extension provided under

7 this subsection shall not be construed as waiving any

8 limitation on funds provided pursuant to this title.

9 (g) PROTECTION OF PRIVATE PROPERTY.—The

10 management entity for an American Heritage Area shall

11 publish procedures to ensure that the rights of owners of

12 private property are protected. Such procedures shall in13 clude a process to provide information to the owners of

14 private property with respect to obtaining just compensa15 tion due as a result of a taking of private property under

16 the Fifth Amendment of the Constitution of the United

17 States.

18 SEC. 108. WITHDRAWAL OF DESIGNATION.

19 (a) IN GENERAL.—The American Heritage Area des20 ignation of an area shall continue unless—

21 (1) the Secretary determines that—

22 (A) the American Heritage Area no longer

23 meets the criteria referred to in section 105(c);

24 (B) the parties to the compact approved in

25 relation to the area under section 106(b) are
25

•HR 5044 RFS

1 not in compliance with the terms of the com2 pact;

3 (C) the management entity of the area has

4 not made reasonable and appropriate progress

5 in developing or implementing the management

6 plan approved for the area under section

7 106(b); or

8 (D) the use, condition, or development of

9 the area is incompatible with the criteria re10 ferred to in section 105(c) or with the compact

11 approved in relation to the area under section

12 106(b); and

13 (2) after making a determination referred to in

14 paragraph (1), the Secretary submits to the Con15 gress notification that the American Heritage Area

16 designation of the area should be withdrawn.

17 (b) PUBLIC HEARING.—Before the Secretary makes

18 a determination referred to in subsection (a)(1) regarding

19 an American Heritage Area, the Secretary or a designee

20 shall hold a public hearing within the area.

21 (c) TIME OF WITHDRAWAL OF DESIGNATION.—

22 (1) IN GENERAL.—The withdrawal of the

23 American Heritage Area designation of an area shall

24 become final 90 legislative days after the Secretary
26

•HR 5044 RFS

1 submits to the Congress the notification referred to

2 in subsection (a)(2) regarding the area.

3 (2) LEGISLATIVE DAY.—For purposes of this

4 subsection, the term ‘‘legislative day’’ means any

5 calendar day on which both Houses of the Congress

6 are in session.

7 SEC. 109. DUTIES AND AUTHORITIES OF FEDERAL AGEN8 CIES.

9 (a) DUTIES AND AUTHORITIES OF SECRETARY.—

10 (1) GRANTS.—(A) The Secretary may make

11 matching grants to provide assistance regarding fea12 sibility studies and compacts described in section

13 106(a) and, upon request of the management entity

14 for the relevant American Heritage Area, regarding

15 management plans and early actions described in

16 section 106(a) and capital projects and improve17 ments undertaken pursuant to such management

18 plans. The Secretary may make grants under this

19 section to units of government, and, in consultation

20 with affected units of government, to private non21 profit organizations. In awarding grants under this

22 section, the Secretary shall be guided by the criteria

23 for eligibility for designation referred to in section

24 105(c).
27

•HR 5044 RFS

1 (B) The Secretary may not, as a condition of

2 the award of a grant under this section, require any

3 recipient of such a grant to enact or modify land use

4 restrictions.

5 (2) TECHNICAL ASSISTANCE.—(A) The Sec6 retary may provide technical assistance to units of

7 government and private nonprofit organizations re8 garding feasibility studies and compacts described in

9 section 106(a) and, upon request of the management

10 entity for the relevant American Heritage Area, re11 garding management plans and early actions de12 scribed in section 106(a) and capital projects and

13 improvements undertaken pursuant to such manage14 ment plans. In providing the technical assistance,

15 the Secretary shall be guided by the criteria for eli16 gibility for designation referred to in section 105(c).

17 (B) The Secretary may elect to provide all or

18 part of the technical assistance authorized by this

19 subsection through cooperative agreements with

20 units of government and private nonprofit organiza21 tions whose missions and resources can contribute

22 substantially to the purposes of this title.

23 (3) OTHER ASSISTANCE.—Nothing in this title

24 shall be deemed to prohibit the Secretary or units of
28

•HR 5044 RFS

1 government from providing technical or financial as2 sistance under any other provision of law.

3 (4) PRIORITIES FOR ASSISTANCE.—In assisting

4 an American Heritage Area, the Secretary shall give

5 priority to actions that assist in—

6 (A) conserving the significant natural, his7 toric, and cultural resources which support the

8 themes of the American Heritage Area; and

9 (B) providing educational, interpretive, and

10 recreational opportunities consistent with the

11 resources and associated values of the American

12 Heritage Area.

13 (5) DETERMINATIONS REGARDING ASSIST14 ANCE.—The Secretary shall decide which American

15 Heritage Areas shall be awarded technical and fi16 nancial assistance and the amount of the assistance.

17 Such decisions shall be based on the relative degree

18 to which each American Heritage Area effectively

19 fulfills the objectives contained in the management

20 plan for the area, achieves the purposes of this title,

21 and fulfills the criteria referred to in section 105(c)

22 and shall give consideration to projects which pro23 vide a greater leverage of Federal funds.

24 (6) NON-FEDERALLY OWNED PROPERTY.—The

25 Secretary is authorized to spend Federal funds di-
29

•HR 5044 RFS

1 rectly on nonfederally owned property to further the

2 purposes of this title, giving priority to assisting

3 units of government in appropriate treatment of dis4 tricts, sites, buildings, structures, and objects listed

5 or eligible for listing on the National Register of

6 Historic Places.

7 (7) ANNUAL REPORT.—The Secretary shall

8 submit an annual report to the Congress regarding

9 the American Heritage Areas Partnership Program.

10 Each report shall include—

11 (A) the number, amount, and recipients of

12 any grants provided by the Secretary under this

13 title and the nature of any technical assistance

14 or early action provided under this title;

15 (B) a description of the status and condi16 tion of, and Federal funding provided under

17 this Act to, each American Heritage Area;

18 (C) a description of the areas nominated

19 for the American Heritage Partnership Pro20 gram;

21 (D) the recommendations of the Secretary

22 regarding areas to be designated by the Con23 gress as American Heritage Areas; and
30

•HR 5044 RFS

1 (E) the status of the implementation of all

2 contractual agreements entered into by the Sec3 retary under this title.

4 (8) OVERSIGHT OF HERITAGE AREAS WITH EX5 PIRED ELIGIBILITY.—The Secretary shall inves6 tigate, study, and continually monitor the welfare of

7 all American Heritage Areas whose eligibility for

8 Federal funding under this title has expired and

9 shall report to the Congress periodically regarding

10 the condition of such American Heritage Areas.

11 (9) PROVISION OF INFORMATION.—In coopera12 tion with other Federal agencies, the Secretary shall

13 provide the general public with information regard14 ing the location and character of components of the

15 American Heritage Areas Partnership Program.

16 (10) PROMULGATION OF REGULATIONS.—The

17 Secretary shall promulgate such regulations as are

18 necessary to carry out the purposes of this title.

19 (b) DUTIES OF FEDERAL ENTITIES.—Any Federal

20 entity conducting or supporting activities within an Amer21 ican Heritage Area, and any unit of government acting

22 pursuant to a grant of Federal funds or a Federal permit

23 or agreement and conducting or supporting such activities,

24 shall, to the maximum extent practicable—
31

•HR 5044 RFS

1 (1) consult with the Secretary and the manage2 ment entity for the American Heritage Area with re3 spect to such activities; and

4 (2) cooperate with the Secretary and the man5 agement entity in the carrying out of the duties of

6 the Secretary and the management entity under this

7 title, and coordinate such activities to minimize any

8 real or potential adverse impact on an American

9 Heritage Area.

10 SEC. 110. LACK OF EFFECT ON LAND USE REGULATION.

11 (a) LACK OF EFFECT ON AUTHORITY OF GOVERN12 MENTS.—Nothing in this title shall be construed to mod13 ify, enlarge, or diminish any authority of Federal, State,

14 and local governments to regulate any use of land as pro15 vided for by current law or regulation.

16 (b) LACK OF ZONING OR LAND USE POWERS OF EN17 TITY.—Nothing in this title shall be construed to grant

18 powers of zoning or land use to any management entity

19 for an American Heritage Area.

20 (c) MANAGEMENT PLAN AVAILABILITY TO LOCAL

21 GOVERNMENTS.—Any management plan referred to in

22 section 106(a) and submitted to the Secretary by the man23 agement entity for an American Heritage Area shall be

24 made available to the local governments having jurisdic25 tion over land use regulations affecting the American Her-
32

•HR 5044 RFS

1 itage Area for the use of the local governments in updating

2 their growth management plans and in the event that such

3 governments desire to amend current land use legislation

4 as they may deem appropriate and in accordance with

5 their legal authority.

6 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

7 (a) FEASIBILITY STUDIES, COMPACTS, MANAGE8 MENT PLANS, AND EARLY ACTIONS.—From the amounts

9 made available to carry out the National Historic Preser10 vation Act (16 U.S.C. 470 et seq.), there is authorized

11 to be appropriated to the Secretary, for grants and tech12 nical assistance pursuant to section 109(a) and the admin13 istration of such grants and assistance, annually not more

14 than $8,000,000, to remain available until expended, with

15 the following conditions:

16 (1) PERCENT OF COST.—No grant under this

17 title for a feasibility study, compact, management

18 plan, or early action may exceed 75 percent of the

19 cost, to the grantee, for such study, compact, plan,

20 or early action.

21 (2) STUDIES.—The total amount of Federal

22 funding under this title for feasibility studies for a

23 proposed American Heritage Area may not exceed

24 $100,000.
33

•HR 5044 RFS

1 (3) COMPACTS.—The total amount of Federal

2 funding under this title for compacts for a proposed

3 American Heritage Area may not exceed $150,000.

4 (4) EARLY ACTION GRANTS.—The total amount

5 of Federal funding under this title for early action

6 grants for an American Heritage Area may not ex7 ceed $250,000.

8 (5) MANAGEMENT PLANS.—The total amount

9 of Federal funding under this title for management

10 plans for an American Heritage Area may not ex11 ceed $150,000.

12 (b) MANAGEMENT ENTITY OPERATIONS.—

13 (1) OPERATING COSTS.—From the amounts

14 made available to carry out the National Historic

15 Preservation Act (16 U.S.C. 470 et seq.), there is

16 authorized to be appropriated to the Secretary, for

17 each management entity of an American Heritage

18 Area, not more than $250,000 annually for the oper19 ating costs of such management entity pursuant to

20 section 107.

21 (2) COST SHARE.—The Federal contribution

22 under this title to the operations of any management

23 entity of an American Heritage Area shall not ex24 ceed 50 percent of the annual operating costs of the

25 entity.
34

•HR 5044 RFS

1 (c) PLAN IMPLEMENTATION.—From the amounts

2 made available to carry out the National Historic Preser3 vation Act (16 U.S.C. 470 et seq.), there is authorized

4 to be appropriated to the Secretary, for grants and tech5 nical assistance for the implementation of management

6 plans for designated American Heritage Areas and the ad7 ministration of such grants and assistance, not more than

8 $14,500,000 annually, to remain available until expended,

9 with the following conditions:

10 (1) PERCENT OF COST.—No grant under this

11 title for implementation of a management plan may

12 exceed 50 percent of the cost to the grantee of the

13 implementation.

14 (2) PERCENT OF FUNDING FOR EACH AREA.—

15 Not more than 10 percent of the annual appropria16 tion for this subsection shall be made available, in

17 any 1 year, to each American Heritage Area.

18 (3) TOTAL FUNDING FOR EACH AREA.—Not

19 more than a total of $10,000,000 may be made

20 available under this subsection to each American

21 Heritage Area.

22 (4) AGREEMENTS.—Any payment made under

23 this subsection shall be subject to an agreement that

24 conversion, use, or disposal of the project so assisted

25 for purposes contrary to the purposes of this title,
35

•HR 5044 RFS

1 as determined by the Secretary, shall result in a

2 right of the United States to the greater of—

3 (A) reimbursement of all funds made avail4 able for such project; and

5 (B) the proportion of the increased value

6 of the project attributable to such funds, as de7 termined at the time of such conversion, use, or

8 disposal.

9 (d) LIMITATION ON AMOUNTS FOR TECHNICAL AS10 SISTANCE.—The amount of Federal funding made avail11 able under this section for technical assistance for an

12 American Heritage Area for a fiscal year may not exceed

13 $150,000.

14 SEC. 112. EXPIRATION OF AUTHORITIES.

15 The authorities contained in this title shall expire on

16 September 30 of the 25th fiscal year beginning after the

17 date of the enactment of this title.

18 SEC. 113. REPORT.

19 The Secretary shall submit to the Congress, every 5

20 years while the authorities contained in this title remain

21 in force, a report on the status and accomplishments of

22 the American Heritage Areas Partnership Program as a

23 whole.
36

•HR 5044 RFS

1 SEC. 114. SAVINGS PROVISION.

2 Nothing in this title shall be construed to expand or

3 diminish any authorities contained in any law designating

4 an individual National Heritage Area or Corridor before

5 the date of the enactment of this title.

6 SEC. 115. FISHING AND HUNTING SAVINGS CLAUSE.

7 (a) NO DIMINISHMENT OF STATE AUTHORITY.—The

8 designation of an American Heritage Area shall not dimin9 ish the authority of the affected State or States to manage

10 fish and wildlife, including the regulation of fishing and

11 hunting within such Area.

12 (b) NO CONDITIONING OF APPROVAL AND ASSIST13 ANCE.—Limitations on fishing, hunting, or trapping may

14 not be made a condition for the approval of a compact

15 or management plan, the provision of assistance for early

16 actions pursuant to section 106(a)(4), the determination

17 of eligibility for Federal funds, or the receipt, in connec18 tion with the American Heritage Area status of an area,

19 of any other form of assistance from the Secretary or

20 other Federal agencies.

21 TITLE II—DESIGNATION OF

22 AMERICAN HERITAGE AREAS

23 SEC. 201. AMERICAN COAL HERITAGE AREA.

24 (a) CONGRESSIONAL FINDINGS.—The Congress finds

25 that—
37

•HR 5044 RFS

1 (1) the rise of American industry in the late

2 19th and 20th centuries led to tremendous growth

3 in the Appalachian coal fields, creating an area of

4 national historic significance in terms of its con5 tributions to the industrial revolution, architecture,

6 culture, and diversity;

7 (2) within the Appalachian coal belt, the coal

8 mined in southern West Virginia and in southwest9 ern Virginia produced some of the purest and most

10 sought-after coal in the Nation, and the region asso11 ciated with this coal contains a rich cultural herit12 age;

13 (3) the influx of labor needed to mine coal in

14 this region created a diverse community of African

15 Americans from the south, recent immigrants from

16 southern and southeastern Europe, Americans from

17 northern mining areas, and native Appalachians;

18 (4) it is in the national interest to preserve and

19 protect physical remnants of the late 19th and early

20 20th century rise of American industry for the edu21 cation and benefit of present and future generations;

22 and

23 (5) there is a need to provide assistance to the

24 preservation and promotion of the vestiges of the
38

•HR 5044 RFS

1 coal heritage of Appalachia that have outstanding

2 cultural, historic, and architectural value.

3 (b) STATEMENT OF PURPOSE.—The purposes of this

4 section are to preserve and interpret, for the educational

5 and inspirational benefit of present and future genera6 tions, certain lands and structures with unique and signifi7 cant historical and cultural values associated with the coal

8 mining heritage of southern West Virginia and southwest9 ern Virginia.

10 (c) DESIGNATION.—

11 (1) IN GENERAL.—Upon publication by the

12 Secretary in the Federal Register of notice that a

13 compact meeting the requirements for a compact

14 under section 106(a)(2) has been approved by the

15 Secretary under the procedures referred to in section

16 106(b), there is hereby designated the American

17 Coal Heritage Area (hereinafter in this section re18 ferred to as the ‘‘Heritage Area’’).

19 (2) COMPACT.—The Secretary may not require,

20 as a condition of approving a compact submitted

21 pursuant to this section regarding the Heritage

22 Area, that both the State of West Virginia and the

23 Commonwealth of Virginia sign the compact.

24 (d) BOUNDARIES.—The Heritage Area shall be com25 posed of the lands generally depicted on the map entitled
39

•HR 5044 RFS

1 ‘‘Coal Industry National Heritage Area’’, numbered

2 CMNHA–80,008, and dated August 1994. The map shall

3 be on file and available for public inspection in the office

4 of the Director of the National Park Service.

5 (e) ADMINISTRATION.—The Heritage Area shall be

6 considered to be part of the American Heritage Areas

7 Partnership Program and shall be considered for all pur8 poses, including but not limited to the management plan

9 submission requirement of section 107(c)(1) and the pro10 visions of section 108, to have been designated an Amer11 ican Heritage Area under section 105(d) on the date on

12 which the Heritage Area is designated under subsection

13 (c) of this section.

14 SEC. 202. AUGUSTA CANAL AMERICAN HERITAGE AREA.

15 (a) CONGRESSIONAL FINDINGS.—The Congress finds

16 that—

17 (1) the Augusta Canal National Historic Land18 mark in the State of Georgia, listed on the National

19 Register of Historic Places, is one of the last un20 spoiled and undeveloped areas in the State of Geor21 gia, has remained largely intact, and has excellent

22 water quality, beautiful rural landscapes,

23 architecturally significant mill structures and mill

24 villages, and large acreage in open space;
40

•HR 5044 RFS

1 (2) the beautiful rural landscapes, scenic vistas

2 and excellent water quality of the Augusta Canal

3 contain significant undeveloped recreational opportu4 nities for people throughout the United States;

5 (3) the existing mill sites and other structures

6 throughout the Augusta Canal were instrumental in

7 the development of the cotton textile industry in the

8 south;

9 (4) several significant sites associated with Na10 tive Americans, the American Revolution, and Afri11 can-Americans are located within the area; and

12 (5) the Augusta Canal Authority would be an

13 appropriate management entity for an American

14 Heritage Area established in the area of the Augusta

15 Canal.

16 (b) STATEMENT OF PURPOSE.—The purposes of this

17 section are to—

18 (1) designate the Augusta Canal as an Amer19 ican Heritage Area; and

20 (2) provide a management framework to assist

21 the State of Georgia, its units of local and regional

22 government, and citizens in the development and im23 plementation of integrated cultural, historical, and

24 recreational land resource management programs in

25 order to retain, enhance, and interpret significant
41

•HR 5044 RFS

1 features of the lands, waters, historic structures, and

2 heritage of the Augusta Canal.

3 (c) DESIGNATION.—Upon publication in the Federal

4 Register of notice that a compact meeting the require5 ments for a compact under section 106(a)(2) has been ap6 proved by the Secretary under the procedures referred to

7 in section 106(b), there is hereby designated the Augusta

8 Canal American Heritage Area (hereinafter in this section

9 referred to as the ‘‘Heritage Area’’).

10 (d) BOUNDARIES.—The Heritage Area shall be com11 prised of the lands generally depicted on the map entitled

12 ‘‘The Augusta Canal’’, numbered AUCA–80,000, and

13 dated August 1994. The map shall be on file and available

14 for public inspection in the office of the Director of the

15 National Park Service.

16 (e) ADMINISTRATION.—The Heritage Area shall be

17 considered to be part of the American Heritage Areas

18 Partnership Program and shall be considered for all pur19 poses, including but not limited to the management plan

20 submission requirement of section 107(c)(1) and the pro21 visions of section 108, to have been designated an Amer22 ican Heritage Area under section 105(d) on the date on

23 which the Heritage Area is designated under subsection

24 (c) of this section.
42

•HR 5044 RFS

1 SEC. 203. CANE RIVER AMERICAN HERITAGE AREA.

2 (a) CONGRESSIONAL FINDINGS.—The Congress finds

3 that—

4 (1) the settlement in the Natchitoches area

5 along Cane River, established in 1714, is the oldest

6 settlement in the Louisiana Purchase Territory;

7 (2) the Cane River area is the locale of the de8 velopment of Creole culture, from the French-Span9 ish interactions of the early 18th century to the liv10 ing communities of today;

11 (3) the Cane River, historically a segment of

12 the Red River, provided the focal point for early set13 tlement in the area, serving as a transportation

14 route upon which commerce and communication

15 reached all parts of the colony;

16 (4) although a number of Creole structures,

17 sites, and landscapes exist in Louisiana and else18 where, most, unlike the Cane River area, are isolated

19 examples and lack original outbuilding complexes or

20 integrity;

21 (5) the Cane River area includes a great variety

22 of historical features, with original elements, in both

23 rural and urban settings and a cultural landscape

24 that represents various aspects of Creole culture,

25 providing the base for a holistic approach to under-
43

•HR 5044 RFS

1 standing the broad continuum of history within the

2 region;

3 (6) the Cane River region includes the

4 Natchitoches National Historic Landmark District,

5 composed of approximately 300 publicly and pri6 vately owned properties, 4 other national historic

7 landmarks, and other structures and sites that may

8 meet criteria for landmark significance following fur9 ther study;

10 (7) historic preservation within the Cane River

11 area has greatly benefited from individuals and or12 ganizations that have strived to protect their herit13 age and educate others about their rich history; and

14 (8) because of the complexity and magnitude of

15 preservation needs in the Cane River area, and the

16 vital need for a culturally sensitive approach, a part17 nership approach is desirable for addressing the

18 many preservation and educational needs of the

19 area.

20 (b) STATEMENT OF PURPOSE.—The purposes of this

21 section are—

22 (1) to recognize the importance of the Cane

23 River Creole culture as a significant element of the

24 cultural heritage of the United States; and
44

•HR 5044 RFS

1 (2) to establish a Cane River American Herit2 age Area to be undertaken in partnership with the

3 State of Louisiana, the city of Natchitoches, local

4 communities and settlements of the Cane River area,

5 preservation organizations, and private landowners,

6 with full recognition that programs must fully in7 volve the local communities and landowners.

8 (c) DESIGNATION.—In furtherance of the need to rec9 ognize the value and importance of the Cane River region,

10 upon publication by the Secretary in the Federal Register

11 of notice that a compact meeting the requirements for a

12 compact under section 106(a)(2) has been approved by the

13 Secretary under the procedures referred to in section

14 106(b), there is hereby designated the Cane River Amer15 ican Heritage Area (hereinafter in this section referred to

16 as the ‘‘Heritage Area’’).

17 (d) BOUNDARIES.—

18 (1) IN GENERAL.—The Heritage Area shall be

19 composed of the lands encompassing—

20 (A) an acre approximately 1 mile on both

21 sides of the Cane River, as depicted on the map

22 numbered ‘‘CARI–80,000’’, and dated January

23 1994;

24 (B) the Natchitoches National Historical

25 Landmark District;
45

•HR 5044 RFS

1 (C) the Los Adaes State Commemorative

2 Area;

3 (D) the Fort Jesup State Commemorative

4 Area;

5 (E) the Fort St. Jean Baptiste State Com6 memorative Area; and

7 (F) the Kate Chopin House.

8 (2) MAP.—The Secretary shall prepare a map

9 of the Cane River American Heritage Area, which

10 shall be on file and available for public inspection in

11 the office of the Director of the National Park

12 Service.

13 (e) ADMINISTRATION.—The Heritage Area shall be

14 considered to be part of the American Heritage Areas

15 Partnership Program and shall be considered for all pur16 poses, including but not limited to the management plan

17 submission requirement of section 107(c)(1) and the pro18 visions of section 108, to have been designated an Amer19 ican Heritage Area under section 105(d) on the date on

20 which the Heritage Area is designated under subsection

21 (c) of this section.

22 (f) MANAGEMENT ENTITY.—Upon petition, the Sec23 retary is authorized to recognize a coalition consisting of

24 the following persons as the management entity, for pur-
46

•HR 5044 RFS

1 poses of title I, for the Cane River American Heritage

2 Area:

3 (1) 1 member submitted by the mayor of

4 Natchitoches.

5 (2) 1 member submitted by the Association for

6 the Preservation of Historic Natchitoches.

7 (3) 1 member submitted by the Natchitoches

8 Historic Foundation, Inc.

9 (4) 2 members, with experience in and knowl10 edge of tourism in the area of the Cane River Amer11 ican Heritage Area, submitted by local business and

12 tourism organizations.

13 (5) 1 member submitted by the Governor of the

14 State of Louisiana.

15 (6) 1 member submitted by the Police Jury of

16 Natchitoches Parish in Louisiana.

17 (7) 1 member submitted by the Concerned Citi18 zens of Cloutierville.

19 (8) 1 member submitted by the St. Augustine

20 Historical Society.

21 (9) 1 member submitted by the Black Heritage

22 Committee.

23 (10) 1 member submitted by the Los Adaes/

24 Robeline Community.
47

•HR 5044 RFS

1 (11) 1 member submitted by the Natchitoches

2 Historic District Commission.

3 (12) 1 member submitted by the Cane River

4 Waterway Commission.

5 (13) 2 members who are landowners in and

6 residents of the Cane River American Heritage

7 Area.

8 (14) 1 member, with experience and knowledge

9 of historic preservation, submitted by Museum Con10 tents, Inc.

11 (15) 1 member, with experience and knowledge

12 of historic preservation, submitted by the President

13 of Northwestern State University of Louisiana.

14 (16) 1 member, with experience in and knowl15 edge of environmental, recreational, and conserva16 tion matters affecting the Cane River American Her17 itage Area, submitted by the Natchitoches Sports18 mans Association and other local recreational and

19 environmental organizations.

20 (17) The superintendent of the Jean Lafitte

21 National Historic Park and Preserve, or a designee.

22 SEC. 204. ESSEX AMERICAN HERITAGE AREA.

23 (a) CONGRESSIONAL FINDINGS.—The Congress finds

24 that—
48

•HR 5044 RFS

1 (1) Essex County, Massachusetts, was host to

2 a series of historic events that influenced the course

3 of the early settlement of the United States, its

4 emergence as a maritime power, and its subsequent

5 industrial development;

6 (2) the North Shore of Essex County and

7 Merrimack River valley contain examples of signifi8 cant early American architecture and significant

9 Federal-period architecture, many sites and build10 ings associated with the establishment of the mari11 time trade in the United States, the site of the

12 witchcraft trials of 1692, the birthplace of successful

13 iron manufacture, and the establishment of the tex14 tile and leather industries in and around the cities

15 of Peabody, Beverly, Lynn, Lawrence, and Haver16 hill;

17 (3) Salem, Massachusetts, has a rich heritage

18 as one of the earliest landing sites of the English

19 colonists, the first major world harbor for the Unit20 ed States, and an early thriving hub of American

21 industries;

22 (4) the Saugus Iron Works National Historic

23 Site is the site of the first sustained, integrated iron

24 works in Colonial America, and the technology em25 ployed at the Iron Works was dispersed throughout
49

•HR 5044 RFS

1 the Colonies and was critical to the development of

2 industry and technology in America;

3 (5) the Salem Maritime National Historic Site

4 contains nationally significant resources that explain

5 the manner in which the Nation was settled, its evo6 lution into a maritime power, and its development as

7 a major industrial force, and the story told at the

8 Salem Maritime and Saugus Iron Works National

9 Historic Sites would be greatly enhanced through

10 the interpretation of significant theme-related re11 sources in Salem and Saugus and throughout Essex

12 County;

13 (6) partnerships between the private and public

14 sectors have been created and additional partner15 ships will be encouraged to preserve the rich cultural

16 heritage of the region, which will stimulate cultural

17 awareness and preservation and economic develop18 ment through tourism; and

19 (7) the resident and business communities of

20 the region have formed the Essex Heritage Ad Hoc

21 Commission for the preservation, interpretation, pro22 motion, and development of the historic, cultural,

23 and natural resources of the area and are investing

24 significant private funds and energy to develop a
50

•HR 5044 RFS

1 plan to preserve the nationally significant resources

2 of Essex County.

3 (b) PURPOSES.—The purposes of this section are—

4 (1) to designate the Essex American Heritage

5 Area in order to recognize, preserve, promote, inter6 pret, and make available for the benefit of the public

7 the historic, cultural, and natural resources of the

8 North Shore and lower Merrimack River valley in

9 Essex County, Massachusetts, which encompass the

10 3 primary themes of the Salem Maritime National

11 Historic site and Saugus Iron Works National His12 toric site (the histories of early settlement and in13 dustry, maritime trade, and textile and leather man14 ufacturing); and

15 (2) to provide a management framework to as16 sist the Commonwealth of Massachusetts and its

17 units of local government in the development and

18 implementation of an integrated cultural, historical,

19 and land resource management program in order to

20 retain, enhance, and interpret the significant values

21 of the lands, waters, and structures located in the

22 district.

23 (c) DESIGNATION.—Upon publication by the Sec24 retary in the Federal Register of notice that a compact

25 regarding the Heritage Area and meeting the require-
51

•HR 5044 RFS

1 ments for a compact under section 106(a)(2) has been ap2 proved by the Secretary under the procedures referred to

3 in section 106(b), there is hereby designated the Essex

4 American Heritage Area (hereinafter in this section re5 ferred to as the ‘‘Heritage Area’’), within the county of

6 Essex in the Commonwealth of Massachusetts.

7 (d) BOUNDARIES.—The Heritage Area shall be com8 prised of the lands generally depicted on the map num9 bered NAR–51–80,000 and dated August 1994. The map

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

11 office of the Director of the National Park Service.

12 (e) ADMINISTRATION.—The Heritage Area shall be

13 considered to be part of the American Heritage Areas

14 Partnership Program and shall be considered for all pur15 poses, including but not limited to the management plan

16 submission requirement of section 107(c)(1) and the pro17 visions of section 108, to have been designated an Amer18 ican Heritage Area under section 105(d) on the date on

19 which the Heritage Area is designated under subsection

20 (c) of this section.

21 SEC. 205. HUDSON RIVER VALLEY AMERICAN HERITAGE

22 AREA.

23 (a) CONGRESSIONAL FINDINGS.—The Congress finds

24 that—
52

•HR 5044 RFS

1 (1) the Hudson River Valley between Yonkers,

2 New York, and Troy, New York, possesses impor3 tant historical, cultural, and natural resources, rep4 resenting themes of settlement and migration, trans5 portation, and commerce;

6 (2) the Hudson River Valley played an impor7 tant role in the military history of the American

8 Revolution;

9 (3) the Hudson River Valley gave birth to im10 portant movements in American art and architecture

11 through the works of Andrew Jackson Downing, Al12 exander Jackson Davis, Thomas Cole, and their as13 sociates, and played a central role in the recognition

14 of the esthetic values of landscape and the develop15 ment of an American esthetic ideal;

16 (4) the Hudson River Valley played an impor17 tant role in the development of the iron, textile, and

18 collar and cuff industries in the 19th century, exem19 plified in surviving structures such as the Harmony

20 Mills complex at Cohoes, and in the development of

21 early men’s and women’s labor and cooperative orga22 nizations, and is home of the first women’s labor

23 union in the United States and the first women’s

24 secondary school in the United States;
53

•HR 5044 RFS

1 (5) the Hudson River Valley, in its cities and

2 towns and its rural landscapes—

3 (A) displays exceptional surviving physical

4 resources illustrating these themes and the so5 cial, industrial, and cultural history of the 19th

6 and early 20th centuries; and

7 (B) includes numerous national historic

8 sites and landmarks;

9 (6) the Hudson River Valley is the home of the

10 traditions associated with Dutch and Huguenot set11 tlements dating to the 17th and 18th centuries, was

12 the locus of characteristic American stories such as

13 ‘‘Rip Van Winkle’’ and the ‘‘Legend of Sleepy Hol14 low’’, and retains physical, social, and cultural evi15 dence of these traditions and the traditions of other

16 more recent ethnic and social groups;

17 (7) the State of New York has established a

18 structure, in the Hudson River Greenway Commu19 nities Council and the Greenway Conservancy, for

20 the Hudson River Valley communities to join to21 gether to preserve, conserve, and manage these re22 sources and to link them through trails and other

23 means; and

24 (8) the Heritage Area Committee jointly estab25 lished by the Hudson River Valley Greenway Com-
54

•HR 5044 RFS

1 munities Council and the Greenway Conservancy

2 (agencies established by the State of New York in its

3 Hudson River Greenway Act of 1991) is expected to

4 be the management entity for an American Heritage

5 Area established in the Hudson River Valley.

6 (b) STATEMENT OF PURPOSE.—The purposes of this

7 section are—

8 (1) to recognize the importance of the history

9 and resources of the Hudson River Valley to the

10 Nation;

11 (2) to assist the State of New York and the

12 communities of the Hudson River Valley in preserv13 ing and interpreting these resources for the benefit

14 of the Nation;

15 (3) to maintain agricultural viability and pro16 ductivity in the region; and

17 (4) to authorize Federal financial and technical

18 assistance to serve these purposes.

19 (c) DESIGNATION.—Upon publication by the Sec20 retary in the Federal Register of notice that a compact

21 regarding the Heritage Area and meeting the require22 ments for a compact under section 106(a)(2) has been ap23 proved by the Secretary under the procedures referred to

24 in section 106(b), there is hereby designated the Hudson
55

•HR 5044 RFS

1 River Valley American Heritage Area (hereinafter in this

2 section referred to as the ‘‘Heritage Area’’).

3 (d) BOUNDARIES.—

4 (1) IN GENERAL.—Except as otherwise pro5 vided in paragraph (2), the Heritage Area shall be

6 comprised of the lands generally depicted on the

7 map entitled ‘‘Hudson River Valley National Herit8 age Area’’, numbered P50–8002, and dated August

9 1994. The map shall be on file and available for

10 public inspection in the office of the Director of the

11 National Park Service.

12 (2) LOCAL AGREEMENT TO INCLUSION.—Each

13 of the following counties, cities, and towns in the

14 State of New York shall not be included within the

15 boundaries of the Heritage Area unless the govern16 ment of such county, city, or town agrees to be so

17 included and submits notification of such agreement

18 to the Secretary:

19 (A) The counties of Greene and Columbia.

20 (B) Any city or town within the county of

21 Greene or Columbia.

22 (C) The counties of Rensselaer and

23 Dutchess.

24 (D) Any city or town (except the town of

25 Hyde Park) within the county of Rensselaer or
56

•HR 5044 RFS

1 Dutchess and located entirely within the 22d

2 Congressional District of New York.

3 (e) ADMINISTRATION.—The Heritage Area shall be

4 considered to be part of the American Heritage Areas

5 Partnership Program and shall be considered for all pur6 poses, including but not limited to the management plan

7 submission requirement of section 107(c)(1) and the pro8 visions of section 108, to have been designated an Amer9 ican Heritage Area under section 105(d) on the date on

10 which the Heritage Area is designated under subsection

11 (c) of this section.

12 SEC. 206. OHIO & ERIE CANAL AMERICAN HERITAGE AREA.

13 (a) CONGRESSIONAL FINDINGS.—The Congress finds

14 that—

15 (1) the Ohio & Erie Canal, which opened for

16 commercial navigation in 1832, was the first inland

17 waterway to connect the Great Lakes at Lake Erie

18 with the Gulf of Mexico via the Ohio and Mississippi

19 Rivers and was a part of a canal network in Ohio

20 that was one of the most extensive and successful

21 systems in America during a period in history when

22 canals were essential to the growth of the Nation;

23 (2) the Ohio & Erie Canal spurred economic

24 growth in the State of Ohio that took the State from

25 near bankruptcy to a position as the third most eco-
57

•HR 5044 RFS

1 nomically prosperous State in the Union in just 20

2 years;

3 (3) a 4-mile section of the Ohio & Erie Canal

4 was designated a National Historic Landmark in

5 1966 and other portions of the Ohio & Erie Canal

6 and many associated structures have been placed on

7 the National Register of Historic Places;

8 (4) in 1974, 19 miles of the Ohio & Erie Canal

9 were declared nationally significant, under National

10 Park Service new area criteria, in the designation of

11 the Cuyahoga Valley National Recreation Area;

12 (5) the National Park Service found the Ohio

13 & Erie Canal nationally significant in a 1975 study

14 entitled ‘‘Suitability/Feasibility Study, Proposed

15 Ohio & Erie Canal’’; and

16 (6) a 1993 Special Resource Study of the Ohio

17 & Erie Canal Corridor, conducted by the National

18 Park Service and entitled ‘‘A Route to Prosperity’’,

19 has concluded that the corridor is eligible to become

20 a National Heritage Corridor, an affiliated unit of

21 the National Park System.

22 (b) STATEMENT OF PURPOSE.—The purposes of this

23 section are—

24 (1) to preserve and interpret for the educational

25 and inspirational benefit of present and future gen-
58

•HR 5044 RFS

1 erations the unique and significant contributions to

2 the national heritage of certain historic and cultural

3 lands, waterways, and structures within the 87-mile

4 Ohio & Erie Canal Corridor between Cleveland and

5 Zoar; and

6 (2) to provide a management framework to as7 sist the State of Ohio and its political subdivisions

8 in developing and implementing a management plan

9 for the area and developing policies and programs

10 that will preserve, enhance, and interpret the cul11 tural, historical, natural, recreational, and scenic re12 sources of the corridor.

13 (c) DESIGNATION.—Upon publication by the Sec14 retary in the Federal Register of notice that a compact

15 regarding the Heritage Area and meeting the require16 ments for a compact under section 106(a)(2) has been ap17 proved by the Secretary under the procedures referred to

18 in section 106(b), there is hereby designated the Ohio &

19 Erie Canal American Heritage Area (hereinafter in this

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

21 (d) BOUNDARIES.—The Heritage Area shall be com22 posed of the lands that are generally the route of the Ohio

23 & Erie Canal from Cleveland to Zoar, Ohio, as depicted

24 in the 1993 National Park Service Special Resources

25 Study, ‘‘A Route to Prosperity’’. The specific boundaries
59

•HR 5044 RFS

1 shall be those specified in the management plan submitted

2 under subsection (e). The Secretary shall prepare a map

3 of the area which shall be on file and available for public

4 inspection in the office of the Director of the National

5 Park Service.

6 (e) ADMINISTRATION.—The Heritage Area shall be

7 considered to be part of the American Heritage Areas

8 Partnership Program and shall be considered for all pur9 poses, including but not limited to the management plan

10 submission requirement of section 107(c)(1) and the pro11 visions of section 108, to have been designated an Amer12 ican Heritage Area under section 105(d) on the date on

13 which the Heritage Area is designated under subsection

14 (c) of this section.

15 (f) MANAGEMENT ENTITY.—Upon petition, the Sec16 retary is authorized to recognize a coalition consisting of

17 the following persons as the management entity, for pur18 poses of title I, for the Ohio & Erie Canal American Herit19 age Area:

20 (1) The Superintendent of the Cuyahoga Valley

21 National Recreational Area.

22 (2) 2 individuals submitted by the Governor of

23 Ohio, who shall be representatives of the Directors

24 of the Ohio Department of Natural Resources and

25 the Ohio Historical Society.
60

•HR 5044 RFS

1 (3) 8 individuals submitted by the county com2 missioners or county chief executive of the Ohio

3 counties of Cuyahoga, Summit, Stark, and

4 Tuscarawas, including—

5 (A) from each county, 1 representative of

6 the planning offices of the county; and

7 (B) from each county, 1 representative of

8 a municipality in the county.

9 (4) 3 individuals submitted by the county or

10 metropolitan park boards of the Ohio counties of

11 Cuyahoga, Summit, and Stark.

12 (5) 1 individual with knowledge and experience

13 in the field of historic preservation, submitted by the

14 Director of the National Park Service.

15 (6) 1 individual with knowledge and experience

16 in the field of historic preservation, submitted by the

17 Ohio Historic Preservation Officer.

18 (7) 1 individual who is a director of a conven19 tion and tourism bureau within the area, submitted

20 by the Director of the Ohio Department of Travel

21 and Tourism.

22 (8) 4 individuals, who shall include 1 represent23 ative of business and industry from each of the

24 counties of Cuyahoga, Summit, Stark, and

25 Tuscarawas, submitted by the Greater Cleveland
61

•HR 5044 RFS

1 Growth Association, the Akron Regional Develop2 ment Board, the Stark Development Board, and the

3 Tuscarawas County Chamber of Commerce.

4 (g) ASSISTANCE.—The Secretary may provide to pub5 lic and private entities within the Heritage Area (including

6 the management entity for the Heritage Area) technical,

7 financial, development, and operational assistance. Assist8 ance provided under this subsection shall be provided on

9 a reimbursable basis through the Cuyahoga Valley Na10 tional Recreation Area.

11 SEC. 207. SHENANDOAH VALLEY BATTLEFIELDS AMERICAN

12 HERITAGE AREA.

13 (a) CONGRESSIONAL FINDINGS.—The Congress finds

14 that—

15 (1) there are situated in the Shenandoah Valley

16 in the Commonwealth of Virginia the sites of several

17 key Civil War battles;

18 (2) certain sites, battlefields, structures, and

19 districts in the Shenandoah Valley are collectively of

20 national significance in the history of the Civil War;

21 (3) in 1990 the Congress enacted legislation di22 recting the Secretary of the Interior to prepare a

23 comprehensive study of significant sites and struc24 tures associated with Civil War battles in the Shen25 andoah Valley;
62

•HR 5044 RFS

1 (4) the study, which was completed in 1992,

2 found that many of the sites within the Shenandoah

3 Valley possess national significance and retain a

4 high degree of historical integrity;

5 (5) the preservation and interpretation of these

6 sites will make an important contribution to the un7 derstanding of the heritage of the United States;

8 (6) the preservation of Civil War sites within a

9 regional framework requires cooperation among local

10 property owners and Federal, State, and local gov11 ernment entities; and

12 (7) partnerships between Federal, State, and

13 local governments and their regional entities, and

14 the private sector, offer the most effective opportuni15 ties for the enhancement and management of the

16 Civil War battlefields and related sites in the Shen17 andoah Valley.

18 (b) STATEMENT OF PURPOSE.—The purposes of this

19 section are—

20 (1) to preserve, conserve, and interpret the leg21 acy of the Civil War in the Shenandoah Valley;

22 (2) to recognize and interpret important events

23 and geographic locations representing key Civil War

24 battles in the Shenandoah Valley, including those

25 battlefields associated with the Thomas J. (Stone-
63

•HR 5044 RFS

1 wall) Jackson campaign of 1862 and the decisive

2 campaigns of 1864;

3 (3) to recognize and interpret the effect of the

4 Civil War on the civilian population of the Shen5 andoah Valley during the war and postwar recon6 struction period; and

7 (4) to create partnerships among Federal,

8 State, and local governments and their regional enti9 ties, and the private sector, to preserve, conserve,

10 enhance, and interpret the nationally significant bat11 tlefields and related sites associated with the Civil

12 War in the Shenandoah Valley.

13 (c) DESIGNATION.—Upon publication by the Sec14 retary in the Federal Register of notice that a compact

15 regarding the Heritage Area and meeting the require16 ments for a compact under section 106(a)(2) has been ap17 proved by the Secretary under the procedures referred to

18 in section 106(b), there is hereby designated the Shen19 andoah Valley Battlefield American Heritage Area (here20 inafter in this section referred to as the ‘‘Heritage Area’’).

21 (d) BOUNDARIES.—The Heritage Area shall be com22 posed of the areas of the Commonwealth of Virginia gen23 erally depicted on the map entitled ‘‘Shenandoah Valley

24 National Heritage Area’’, numbered SVNHA–80,006, and

25 dated August 1994. The map shall be on file and available
64

•HR 5044 RFS

1 for public inspection in the office of the Director of the

2 National Park Service

3 (e) ADMINISTRATION.—The Heritage Area shall be

4 considered to be part of the American Heritage Areas

5 Partnership Program and shall be considered for all pur6 poses, including but not limited to the management plan

7 submission requirement of section 107(c)(1) and the pro8 visions of section 108, to have been designated an Amer9 ican Heritage Area under section 105(d) on the date on

10 which the Heritage Area is designated under subsection

11 (c) of this section.

12 SEC. 208. STEEL INDUSTRY AMERICAN HERITAGE AREA.

13 (a) CONGRESSIONAL FINDINGS.—The Congress finds

14 that—

15 (1) the industrial and cultural heritage of

16 southwestern Pennsylvania, including the city of

17 Pittsburgh and the counties of Allegheny, Beaver,

18 Fayette, Greene, Washington, and Westmoreland,

19 related directly to steel and steel-related industries,

20 is nationally significant;

21 (2) these industries include steel-making, iron22 making, aluminum, specialty metals, glass, coal min23 ing, coke production, machining and foundries,

24 transportation, and electrical industries;
65

•HR 5044 RFS

1 (3) the industrial and cultural heritage of the

2 steel and related industries in this region includes

3 the social history and living cultural traditions of the

4 people of the region;

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

6 significant role in the development of the Nation, in7 cluding both the formation of many key unions, such

8 as the Congress of Industrial Organizations (CIO)

9 and the United Steel Workers of America (USWA),

10 and crucial struggles to improve wages and working

11 conditions, such as the Rail Strike of 1877, the

12 Homestead Strike of 1892, and the Great Steel

13 Strike of 1919;

14 (5) there are significant examples of cultural

15 and historic resources within this 6-county region

16 that merit the involvement of the Federal Govern17 ment to develop programs and projects, in coopera18 tion with the Steel Industry Heritage Task Force,

19 the Commonwealth of Pennsylvania, and other local

20 and governmental bodies, to adequately conserve,

21 protect, and interpret this heritage for future gen22 erations while providing opportunities for education

23 and revitalization; and
66

•HR 5044 RFS

1 (6) the Steel Industry Heritage Task Force

2 would be an appropriate management entity for a

3 Heritage Area established in the region.

4 (b) STATEMENT OF PURPOSE.—The purposes of this

5 section are—

6 (1) to foster a close working relationship be7 tween all levels of government, the private sector,

8 and the local communities in the steel industry re9 gion of southwestern Pennsylvania and empower the

10 communities to conserve their heritage while con11 tinuing to pursue economic opportunities; and

12 (2) to conserve, interpret, and develop the his13 torical, cultural, natural, and recreational resources

14 related to the industrial and cultural heritage of the

15 6-county steel industry region of southwestern Penn16 sylvania.

17 (c) DESIGNATION.—Upon publication by the Sec18 retary in the Federal Register of notice that a compact

19 regarding the Heritage Area and meeting the require20 ments for a compact under section 106(a)(2) has been ap21 proved by the Secretary under the procedures referred to

22 in section 106(b), there is hereby designated the Steel In23 dustry American Heritage Area (hereinafter in this section

24 referred to as the ‘‘Heritage Area’’).
67

•HR 5044 RFS

1 (d) BOUNDARIES.—The Heritage Area shall be com2 posed of the lands generally depicted on the map entitled

3 ‘‘The Steel Industry American Heritage Area’’, numbered

4 SINHA–80,007, and dated August 1994. The map shall

5 be on file and available for public inspection in the office

6 of the Director of the National Park Service.

7 (e) ADMINISTRATION.—The Heritage Area shall be

8 considered to be part of the American Heritage Areas

9 Partnership Program and shall be considered for all pur10 poses, including but not limited to the management plan

11 submission requirement of section 107(c)(1) and the pro12 visions of section 108, to have been designated an Amer13 ican Heritage Area under section 105(d) on the date on

14 which the Heritage Area is designated under subsection

15 (c) of this section.

16 SEC. 209. VANCOUVER AMERICAN HERITAGE AREA.

17 (a) CONGRESSIONAL FINDINGS.—The Congress finds

18 that—

19 (1) the lower Columbia River basin and Van20 couver, Washington, have been the focal point of a

21 number of important periods, themes, and events in

22 American history and prehistory, including native

23 settlements, westward expansion of the British colo24 nies and the United States from 1763 to 1898, po-
68

•HR 5044 RFS

1 litical and military affairs from 1865 to 1939, and

2 military affairs from 1914 to 1941;

3 (2) the Columbia River is the central feature

4 around which the history of the proposed Vancouver

5 National Heritage Area and the entire Pacific

6 Northwest revolves;

7 (3) the proposed Vancouver National Heritage

8 Area is located on the shores of the Columbia River,

9 78 miles from the Pacific Ocean, and the Columbia

10 River has been an artery for communication and

11 trade since prehistoric times;

12 (4) Fort Vancouver National Historic Site, a

13 unit of the National Park System, was founded in

14 1825 by the Hudson Bay Company and its develop15 ment from 1825 to 1860 was seminal to Euro-Amer16 ican settlement of the Northwest;

17 (5) the Vancouver barracks served as the prin18 cipal administrative outpost of the United States

19 Army in the Pacific Northwest from 1849 until

20 World War I, served as a command post during the

21 Native American Wars of the mid- to late-19th cen22 tury, and provided major facilities for support of

23 United States military ventures throughout the Pa24 cific during the Spanish American War and the 2

25 World Wars;
69

•HR 5044 RFS

1 (6) Pearson Airfield was the site of significant

2 events in the history of aviation in the Pacific

3 Northwest, was particularly prominent during the

4 interwar period between 1923 and 1941, and today

5 continues to be an important home to historic air6 craft and historic aviation;

7 (7) the proposed Vancouver American Heritage

8 Area contains a number of discovered and unre9 covered archaeological sites significant to the history

10 of North America and the growth of the United

11 States;

12 (8) the proposed Vancouver American Heritage

13 Area is located close to major metropolitan areas, in14 cluding Portland, Tacoma, and Seattle, and is imme15 diately adjacent to Interstate 5, the major north16 south interstate of the Pacific Northwest; and

17 (9) many Federal, State, and local government

18 entities, as well as numerous private organizations

19 and individuals—

20 (A) have expressed a desire to join forces

21 and work together in a cooperative spirit in

22 order to preserve, interpret, and enhance the

23 cultural, recreational, and educational potential

24 of the proposed American Heritage Area;
70

•HR 5044 RFS

1 (B) have already demonstrated their ability

2 to effectively cooperate in the course of prepar3 ing the ‘‘Vancouver National Historical Reserve

4 Feasibility Study and Environmental Assess5 ment’’, as required by Public Law 101–523

6 (104 Stat. 2297); and

7 (C) are capable of forming the continued

8 cooperative alliances needed to enter into a

9 compact, identify a management entity, and es10 tablish an appropriate management plan for the

11 proposed Vancouver American Heritage Area.

12 (b) STATEMENT OF PURPOSE.—The purposes of this

13 section are—

14 (1) to preserve, enhance, and interpret the sig15 nificant aspects of the lands, water, structures, and

16 history of the proposed Vancouver American Herit17 age Area; and

18 (2) to provide a partnership that will develop

19 and implement an integrated cultural, historical, rec20 reational, and educational land resource manage21 ment program in order to achieve these purposes.

22 (c) DESIGNATION.—Upon publication by the Sec23 retary in the Federal Register of notice that a compact

24 regarding the Heritage Area and meeting the require25 ments for a compact under section 106(a)(2) has been ap-
71

•HR 5044 RFS

1 proved by the Secretary under the procedures referred to

2 in section 106(b), there is hereby designated the Van3 couver American Heritage Area (hereinafter in this section

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

5 (d) BOUNDARIES.—The Heritage Area shall be com6 posed of the lands generally depicted on the map entitled

7 ‘‘Vancouver American Heritage Area’’, numbered VAAM8 80,001, and dated August 1994. The map shall be on file

9 and available for public inspection in the office of the Di10 rector of the National Park Service.

11 (e) ADMINISTRATION.—The Heritage Area shall be

12 considered to be part of the American Heritage Areas

13 Partnership Program and shall be considered for all pur14 poses, including but not limited to the management plan

15 submission requirement of section 107(c)(1) and the pro16 visions of section 108, to have been designated an Amer17 ican Heritage Area under section 105(d) on the date on

18 which the Heritage Area is designated under subsection

19 (c) of this section, except that the responsibilities of the

20 management entity for the Heritage Area shall not extend

21 to those lands under the control of the Department of the

22 Interior or the Department of the Army. The management

23 entity may enter into cooperative agreements and partner24 ships with these and other entities as appropriate to fur25 ther the purposes of this Act.
72

•HR 5044 RFS

1 (f) PEARSON AIRPARK.—

2 (1) TRANSITION.—(A) General aviation shall

3 cease at Pearson Airpark not later than April 3,

4 2022, unless a continuation of general aviation is ex5 pressly authorized by an Act of Congress.

6 (B) Not later than January 30, 2010, the man7 agement entity for the Heritage Area shall submit to

8 the Secretary a plan regarding general aviation at

9 Pearson Airpark that is consistent with this section.

10 (C) Not later than June 30, 2010, the Sec11 retary shall—

12 (i) approve such a plan and transmit the

13 plan to the Congress; or

14 (ii) notify the Congress that no acceptable

15 plan has been submitted under subparagraph

16 (B).

17 (D) If the management entity fails to submit a

18 plan acceptable to the Secretary under subparagraph

19 (B) before June 30, 2010—

20 (i) the Secretary may not provide further

21 assistance to the Heritage Area under this Act;

22 and

23 (ii) the Secretary shall prepare such a plan

24 for submittal to the Congress not later than

25 June 30, 2011.
73

•HR 5044 RFS

1 (2) HISTORIC AIRCRAFT DEFINED.—For pur2 poses of this section, the term ‘‘historic aircraft’’

3 means any aircraft representing aviation in World

4 War II or earlier.

5 (3) VIABILITY AND MITIGATION PLAN.—Any

6 management plan submitted to the Secretary pursu7 ant to section 107(c)(1) and subsection (e) of this

8 section regarding the Heritage Area shall include a

9 Pearson Airpark Viability and Mitigation Plan that

10 accomplishes the following:

11 (A) Identifies incentives and proposes reg12 ulations to facilitate a transition from the use

13 of Pearson Airpark from predominantly general

14 aviation to use for historic aircraft.

15 (B) Establishes a program to mitigate any

16 conflicts related to the operation of Pearson

17 Airpark and to other activities within the Herit18 age Area. The program shall, in coordination

19 with the Federal Aviation Administration and

20 other agencies as appropriate, address, but not

21 be limited to, considerations of noise, safety,

22 visual intrusion, and the location of new facili23 ties. Mitigation measures shall include limita24 tions on the number of air-worthy aircraft that

25 may be based at the Airpark.
74

•HR 5044 RFS

1 (4) PEARSON AIRPARK MUSEUM PLAN.—The

2 management plan submitted pursuant to section

3 107(c)(1) and subsection (e) of this section regard4 ing the Heritage Area shall include a Pearson Air5 park Museum Plan, which shall include budgetary

6 strategies by which proceeds from general aviation

7 and other sources will fund the Pearson Airpark

8 Museum and other aviation curation activities.

9 (5) MITIGATION MEASURES AND CONDITIONS

10 REGARDING GENERAL AVIATION.—The management

11 plan submitted pursuant to section 107(c)(1) and

12 subsection (e) of this section regarding the Heritage

13 Area shall permit general aviation at Pearson Air14 park to continue until April 3, 2022, subject to the

15 following conditions:

16 (A) Pearson Airpark and Pearson Airpark

17 Museum shall be operated by the city of Van18 couver or its designated entity. Beginning on

19 June 30, 2002, the Secretary shall require pay20 ment at fair market value for any National

21 Park Service lands leased within the boundaries

22 of the Heritage Area, except as otherwise pro23 vided in this subparagraph. The Secretary may

24 enter into agreements that provide that specific

25 work performed or expenses paid by the city of
75

•HR 5044 RFS

1 Vancouver may be used, fairly valued, to reduce

2 or offset the amount of the obligation of the

3 city to pay rent pursuant to this subsection, un4 less the city is obligated to perform the work or

5 pay the expenses under a statute other than

6 this Act.

7 (B) Not later than June 30, 2003, the city

8 of Vancouver shall remove from National Park

9 Service property in the Heritage Area all

10 nonhistoric aviation-related buildings and de11 vices, including T-hangers and associated

12 taxiways, except buildings and devices necessary

13 for navigation and safety.

14 (C) The city of Vancouver shall not be

15 compensated for historic buildings remaining on

16 National Park Service property, but shall con17 tinue to bear liability and responsibility for con18 tinued use and maintenance of these structures.

19 (D) No structural improvements or struc20 tural additions to any structure or facility of

21 the Pearson Airpark Museum located on prop22 erty of the National Park Service may be made

23 without the approval of the Secretary.
76

•HR 5044 RFS

1 (E) Helicopters shall not use Pearson Air2 park except in cases of emergency, disaster, or

3 national security needs.

4 SEC. 210. WHEELING AMERICAN HERITAGE AREA.

5 (a) CONGRESSIONAL FINDINGS.—The Congress finds

6 that—

7 (1) Wheeling, West Virginia, and its vicinity

8 possess important historical, cultural, and natural

9 resources, representing major heritage themes of

10 transportation, commerce, industry, and Victorian

11 culture in the United States;

12 (2) the city of Wheeling played an important

13 part in the settlement of the Nation by serving as

14 the western terminus of the National Road in the

15 early 1800’s, by serving as the Crossroads of Amer16 ica throughout the 19th century, by serving as one

17 of the few major inland ports in the United States

18 in the 19th century, and by hosting the establish19 ment of the Restored State of Virginia, and later the

20 State of West Virginia during the Civil War years;

21 (3) the city of Wheeling was the first capital of

22 the new State of West Virginia, during the develop23 ment and maintenance of many industries crucial to

24 the expansion of the Nation, including iron, steel,

25 and textile manufacturing, boat building, glass man-
77

•HR 5044 RFS

1 ufacturing, and stogie and chewing tobacco manu2 facturing, many of which are industries that

3 continue to play an important role in the Nation’s

4 economy;

5 (4) the city of Wheeling has retained its na6 tional heritage themes with the designations of the

7 old custom house, now Independence Hall, as a Na8 tional Historic Landmark, with the designation of

9 the historic suspension bridge as a National Historic

10 Landmark, with 5 historic districts, and with many

11 individual properties in the Wheeling area listed on

12 or eligible for nomination to the National Register of

13 Historic Places; and

14 (5) the heritage themes and number and diver15 sity of the remaining resources of Wheeling should

16 be appropriately retained, enhanced, and interpreted

17 for the education, benefit, and inspiration of the

18 people of the United States.

19 (b) STATEMENT OF PURPOSE.—The purposes of this

20 section are—

21 (1) to recognize the special importance of the

22 history and development of the Wheeling, West Vir23 ginia, area in the cultural heritage of the Nation;

24 (2) to provide a framework to assist the city of

25 Wheeling and other public and private entities and
78

•HR 5044 RFS

1 individuals in the appropriate preservation, enhance2 ment, and interpretation of resources in the Wheel3 ing area that are emblematic of the contributions of

4 Wheeling to the cultural heritage of the Nation; and

5 (3) to allow for limited Federal, State, and local

6 capital contributions for planning and infrastructure

7 investments to create the Wheeling American Herit8 age Area, in partnership with the State of West Vir9 ginia, the city of Wheeling, West Virginia, and their

10 designees, and to provide for an economically self11 sustaining American Heritage Area that will not be

12 dependent on Federal assistance beyond the initial

13 years necessary to establish the American Heritage

14 Area.

15 (c) DESIGNATION.—Upon publication by the Sec16 retary in the Federal Register of notice that a compact

17 regarding the Heritage Area and meeting the require18 ments for a compact under section 106(a)(2) has been ap19 proved by the Secretary under the procedures referred to

20 in section 106(b), there is hereby designated the Wheeling

21 American Heritage Area (hereinafter in this Act referred

22 to as the ‘‘Heritage Area’’) in the State of West Virginia.

23 (d) BOUNDARIES.—The Heritage Area shall be com24 posed of the lands generally depicted on the map entitled

25 ‘‘Boundary Map, Wheeling American Heritage Area, West
79

•HR 5044 RFS

1 Virginia’’, numbered WHNA–80,005, and dated August

2 1994. The map shall be on file and available for public

3 inspection in the office of the Director of the National

4 Park Service.

5 (e) ADMINISTRATION.—The Heritage Area shall be

6 considered to be part of the American Heritage Areas

7 Partnership Program and shall be considered for all pur8 poses, including but not limited to the management plan

9 submission requirement of section 107(c)(1) and the pro10 visions of section 108, to have been designated an Amer11 ican Heritage Area under section 105(d) on the date on

12 which the Heritage Area is designated under subsection

13 (c) of this section.

14 (f) AUTHORIZATION OF APPROPRIATIONS.—

15 (1) IN GENERAL.—There is authorized to be

16 appropriated to carry out this section not more

17 than—

18 (A) $5,000,000 for capital projects;

19 (B) $1,000,000 for planning and studies;

20 and

21 (C) $500,000 for technical assistance.

22 (2) LIMITATIONS.—(A) Funds made available

23 pursuant to subparagraph (A) or (B) of paragraph

24 (1) for a capital project or for planning and studies

25 regarding a project shall not exceed 50 percent of
80

•HR 5044 RFS

1 the total costs of the capital project or project, re2 spectively.

3 (B) Funds made available under this section or

4 any other Federal law for the Heritage Area or the

5 Wheeling National Heritage Area (including the

6 Wheeling project) may not exceed $6,500,000 in the

7 aggregate.

8 (3) NOT ELIGIBLE FOR FUNDS UNDER TITLE

9 I.—No funds may be appropriated under title I for

10 purposes of the Heritage Area.

11 TITLE III—STUDIES REGARDING

12 POTENTIAL AMERICAN HER13 ITAGE AREAS

14 SEC. 301. OHIO RIVER CORRIDOR.

15 (a) CONGRESSIONAL FINDINGS.—The Congress finds

16 that—

17 (1) the amenities and resources of the Ohio

18 River, which flows through 6 States from its head19 waters in the Commonwealth of Pennsylvania to its

20 confluence with the Mississippi River and comprises

21 a chain of commercial, industrial, historical, archae22 ological, natural, recreational, scenic, wildlife, urban,

23 rural, cultural, and economic areas, are of major sig24 nificance and importance to the Nation;

25 (2) the national interest is served by—
81

•HR 5044 RFS

1 (A) preserving, protecting, and improving

2 such amenities and resources for the benefit of

3 the people of the United States; and

4 (B) improving the coordination between all

5 levels of government in the Ohio River Corridor;

6 (3) the preservation, protection, and improve7 ment of such amenities and resources are failing to

8 be fully realized despite efforts by the States

9 through which the Ohio flows, political subdivisions

10 of such States, and volunteer associations and pri11 vate businesses in such States;

12 (4) existing Federal agency programs are offer13 ing insufficient coordination to State and local plan14 ning and regulatory authorities to provide for re15 source management and economic development in a

16 manner that is consistent with the protection and

17 public use of the amenities and resources of the Cor18 ridor; and

19 (5) the Federal Government should assist in the

20 coordination, preservation, and interpretation activi21 ties of public and private entities with respect to the

22 significant amenities and resources associated with

23 the Ohio River.

24 (b) STUDY OF OHIO RIVER CORRIDOR.—
82

•HR 5044 RFS

1 (1) IN GENERAL.—Not later than 2 years after

2 the date on which funds are made available to carry

3 out this section, the Secretary shall complete a study

4 on the suitability and feasibility of designating the

5 Ohio River corridor, from its headwaters in the

6 Commonwealth of Pennsylvania to its confluence

7 with the Mississippi River, as an American Heritage

8 Area.

9 (2) REPORT TO CONGRESS.—On completion of

10 the study required by subsection (a), the Secretary

11 shall submit a report describing the results of the

12 study to the Committee on Natural Resources of the

13 House of Representatives and the Committee on En14 ergy and Natural Resources of the Senate.

15 SEC. 302. FOX AND LOWER WISCONSIN RIVER CORRIDORS.

16 (a) CONGRESSIONAL FINDINGS.—The Congress finds

17 that—

18 (1) the Fox-Wisconsin waterway is famous as

19 the discovery route of Marquette and Joliet;

20 (2) as the connecting route between the Great

21 Lakes and the Mississippi River, the waterway was

22 critical to the opening of the Northwest Territory

23 and served as a major artery in bringing commerce

24 to the interior of the United States and providing a
83

•HR 5044 RFS

1 vital communication link for early explorers, mission2 aries, and fur traders;

3 (3) within the Fox and Lower Wisconsin River

4 corridors are an abundance of historic and archae5 ological sites and structures representing early Na6 tive Americans, European exploration, and 19th-cen7 tury transportation and settlement; and

8 (4) the unique aspects of the waterway, from

9 the heavily developed portions of the Fox River to

10 the pristine expanses of the Lower Wisconsin River,

11 should be studied to determine the suitability and

12 feasibility of the waterway for designation as an

13 American Heritage Area.

14 (b) STUDY OF FOX-WISCONSIN RIVER CORRIDORS.—

15 (1) IN GENERAL.—Not later than 2 years after

16 the date on which funds are made available to carry

17 out this section, the Secretary shall complete a study

18 on the suitability and feasibility of designating the

19 Fox and Lower Wisconsin River corridors in the

20 State of Wisconsin as an American Heritage Area.

21 (2) REPORT TO CONGRESS.—On completion of

22 the study referred to in subsection (a), the Secretary

23 shall submit a report describing the results of the

24 study to the Committee on Natural Resources of the
84

•HR 5044 RFS

1 House of Representatives and the Committee on En2 ergy and Natural Resources of the Senate.

3 SEC. 303. SOUTH CAROLINA CORRIDOR.

4 (a) CONGRESSIONAL FINDINGS.—The Congress finds

5 that—

6 (1) the counties of Oconee, Pickens, Anderson,

7 Abbeville, Greenwood, McCormick, Edgefield, Aiken,

8 Barnwell, Orangeburg, Bamberg, Dorchester,

9 Colleton, and Charleston, in the State of South

10 Carolina, form a corridor, more than 250 miles in

11 length, which possesses a wide diversity of signifi12 cant rare plants, animals, and ecosystems, agricul13 tural and timber lands, shellfish harvesting areas,

14 historic sites and structures, and cultural and

15 multicultural landscapes related to the past and cur16 rent commerce, transportation, maritime, textile, ag17 ricultural, mining, cattle, pottery, and national de18 fense industries of the region, which provide signifi19 cant ecological, natural, tourism, recreational, timber

20 management, educational, and economic benefits;

21 (2) there is a national interest in protecting,

22 conserving, restoring, promoting, and interpreting

23 the benefits of the region for the residents of, and

24 visitors to, the corridor area;
85

•HR 5044 RFS

1 (3) a primary responsibility for conserving, pre2 serving, protecting, and promoting the benefits of

3 the region resides with the State of South Carolina

4 and the various local units of government having ju5 risdiction over the corridor area; and

6 (4) in view of the longstanding Federal practice

7 of assisting the States in creating, protecting, con8 serving, preserving, and interpreting areas of signifi9 cant natural and cultural importance, and in view of

10 the national significance of the corridor, the Federal

11 Government has an interest in assisting the State of

12 South Carolina, its units of local government, and

13 the private sector in fulfilling their responsibilities.

14 (b) STUDY OF SOUTH CAROLINA CORRIDOR.—Not

15 later than 2 years after the date of the enactment of this

16 Act, the Secretary, acting through the National Park

17 Service, shall cooperate with the South Carolina Depart18 ment of Parks, Recreation, and Tourism in preparing a

19 study on the suitability and feasibility of designating the

20 corridor formed by the counties of Oconee, Pickens, An21 derson, Abbeville, Greenwood, McCormick, Edgefield,

22 Aiken, Barnwell, Orangeburg, Bamberg, Dorchester,

23 Colleton, and Charleston, in the State of South Carolina,

24 as an American Heritage Area.
86

•HR 5044 RFS

1 SEC. 304. NORTHERN FRONTIER.

2 (a) CONGRESSIONAL FINDINGS.—The Congress finds

3 that—

4 (1) the area comprising Tryon County, in the

5 Mohawk Valley of the State of New York, and the

6 Country of the Six Nations (Iroquois Confederacy),

7 known during the American Revolutionary War pe8 riod as the ‘‘Northern Frontier’’, offers excellent op9 portunities to study a little known or understood as10 pect of the American Revolution—the frontier expe11 rience;

12 (2) the Northern Frontier territory was ex13 tremely valuable to both sides of the American Revo14 lutionary War and was contested because of its geo15 political, military, agricultural, transportation, and

16 commercial attributes;

17 (3) because a complex social, economic, and po18 litical society was emerging on the Northern Fron19 tier, the Continental Congress established the North20 ern Indian Department to conduct affairs there, and

21 the English made the area, and its Indian popu22 lation, the centerpiece of the English strategy to

23 split the colonies;

24 (4) due to the struggle to control the Northern

25 Frontier, privation and hardship were inflicted upon

26 nearly all who lived there, a diverse mix of ethnic
87

•HR 5044 RFS

1 and racial groups willingly and unwillingly thrust

2 into the struggle for independence, leaving many

3 dead, homeless, orphaned, or dislocated by the end

4 of the hostilities;

5 (5) the tensions on the Northern Frontier

6 reached such a pitch that hostilities erupted, pitting

7 neighbors, families, tribes, and clans against each

8 other, and led to a bloody, savage, and destructive

9 battle;

10 (6) new interpretations and interdisciplinary

11 studies of this human drama are not only necessary,

12 but timely because of the abundant supply of assets

13 in the area, including sites, buildings, celebrations,

14 folklore, and collections, many safely preserved and

15 many at risk; and

16 (7) if these Northern Frontier assets can be

17 thematically related and portrayed for the education

18 and enjoyment of Americans and foreign visitors, an

19 important and often overlooked chapter in the herit20 age of the Nation will be displayed for the benefit

21 and edification of all peoples.

22 (b) STUDY.—

23 (1) IN GENERAL.—Not later than 2 years after

24 the date on which funds are made available to carry

25 out this section, the Secretary shall complete a study
88

•HR 5044 RFS

1 on the suitability and feasibility of designating

2 Tryon County, in the Mohawk Valley of the State of

3 New York, and the Country of the Six Nations (Iro4 quois Confederacy) as an American Heritage Area.

5 (2) REPORT TO CONGRESS.—On completion of

6 the study referred to in subsection (a), the Secretary

7 shall submit a report describing the results of the

8 study to the Committee on Natural Resources of the

9 House of Representatives and the Committee on En10 ergy and Natural Resources of the Senate.

11 TITLE IV—BLACKSTONE RIVER

12 VALLEY NATIONAL HERITAGE

13 CORRIDOR AMENDMENTS

14 SEC. 401. BOUNDARIES, COMMISSION, AND REVISION OF

15 PLAN.

16 (a) BOUNDARIES.—Section 2(a) of the Act entitled

17 ‘‘An Act to establish the Blackstone River Valley National

18 Heritage Corridor in Massachusetts and Rhode Island’’,

19 approved November 10, 1986 (Public Law 99–647; 100

20 Stat. 3625), is amended by striking the first sentence and

21 inserting the following new sentence: ‘‘The boundaries

22 shall include the lands and waters generally depicted on

23 the map entitled ‘Blackstone River Valley National Herit24 age Corridor Boundary Map’, numbered BRV–80–80,011,

25 and dated May 2, 1993.’’.
89

•HR 5044 RFS

1 (b) COMMISSION MEMBERSHIP.—(1) Section 3 of the

2 Act entitled ‘‘An Act to establish the Blackstone River

3 Valley National Heritage Corridor in Massachusetts and

4 Rhode Island’’, approved November 10, 1986 (Public Law

5 99–647; 100 Stat. 3625), is amended—

6 (A) by amending subsection (b) to read as fol7 lows:

8 ‘‘(b) MEMBERSHIP.—(1) The Commission shall be

9 composed of 19 members, appointed as follows:

10 ‘‘(A) the Director of the National Park Service,

11 or a designee, ex officio;

12 ‘‘(B) 5 individuals appointed by the Secretary

13 after consideration of recommendations from the

14 Governor of Rhode Island;

15 ‘‘(C) 5 individuals appointed by the Secretary

16 after consideration of recommendations from the

17 Governor of Massachusetts;

18 ‘‘(D) 4 individuals appointed by the Secretary

19 to represent the interests of local government in the

20 State of Rhode Island; and

21 ‘‘(E) 4 individuals appointed by the Secretary

22 to represent the interests of local government in the

23 State of Massachusetts.
90

•HR 5044 RFS

1 ‘‘(2) A vacancy in the Commission shall be filled in

2 the manner in which the original appointment was made.’’;

3 and

4 (B) in subsection (c), by inserting immediately

5 before the period at the end the following: ‘‘, but

6 may continue to serve until a successor has been ap7 pointed’’.

8 (2) Paragraph (1) shall take effect upon the expira9 tion of the 90-day period beginning on the date of the en10 actment of this Act.

11 (c) REVISION OF PLAN.—Section 6 of the Act enti12 tled ‘‘An Act to establish the Blackstone River Valley Na13 tional Heritage Corridor in Massachusetts and Rhode Is14 land’’, approved November 10, 1986 (Public Law 99–647;

15 100 Stat. 3625), is amended by adding at the end the

16 following new subsection:

17 ‘‘(d) REVISION OF PLAN.—(1) Not later than 1 year

18 after the date of the enactment of this subsection, the

19 Commission shall revise the Cultural Heritage and Land

20 Management Plan submitted under subsection (a) and

21 shall submit the revised plan to the Secretary and the Gov22 ernors of Massachusetts and Rhode Island for approval

23 under the procedures referred to in subsection (b). The

24 revision shall address any change in the boundaries of the

25 Corridor that occurs after the submission of the plan re-
91

•HR 5044 RFS

1 quired by subsection (a) and shall include a natural re2 source inventory of areas or features that should be pro3 tected, restored, or managed because of the natural and

4 cultural significance of the areas or features.

5 ‘‘(2) No changes other than minor boundary revisions

6 may be made in the plan approved under subsection (b)

7 and revised under paragraph (1) of this subsection, unless

8 the Secretary approves such changes. The Secretary shall

9 approve or disapprove any proposed change in the plan,

10 except minor revisions, in accordance with subsection

11 (b).’’.

12 (d) TERMINATION OF COMMISSION.—Section 7 of the

13 Act entitled ‘‘An Act to establish the Blackstone River

14 Valley National Heritage Corridor in Massachusetts and

15 Rhode Island’’, approved November 10, 1986 (Public Law

16 99–647; 100 Stat. 3630), is amended to read as follows:

17 ‘‘TERMINATION OF COMMISSION

18 ‘‘SEC. 7. The Commission shall terminate on Decem19 ber 31, 2003.’’.

20 SEC. 402. IMPLEMENTATION OF PLAN.

21 Section 8(c) of the Act entitled ‘‘An Act to establish

22 the Blackstone River Valley National Heritage Corridor

23 in Massachusetts and Rhode Island’’, approved November

24 10, 1986 (Public Law 99–647; 100 Stat. 3630), is amend25 ed to read as follows:
92

•HR 5044 RFS

1 ‘‘(c) IMPLEMENTATION.—(1) To assist in the imple2 mentation of the Cultural Heritage and Land Manage3 ment Plan, submitted and revised under section 6, in a

4 manner consistent with the purposes of this Act, and to

5 assist in the preservation and restoration of structures on

6 or eligible for inclusion on the National Register of His7 toric Places, the Secretary is authorized to provide funds

8 for projects in the Corridor that exhibit national signifi9 cance or provide a wide spectrum of historic, recreational,

10 environmental, educational, or interpretive opportunities,

11 without regard to whether the projects are in public or

12 private ownership. Applications for funds under this sec13 tion shall be made to the Secretary through the Commis14 sion. Each such application shall include the recommenda15 tion of the Commission and its findings regarding the

16 manner in which the project proposed to be funded will

17 further the purposes of this Act.

18 ‘‘(2) The Commission shall not be eligible for funds

19 under this section unless it submits to the Secretary an

20 application that includes—

21 ‘‘(A) a 10-year development plan including the

22 resource protection needs and projects critical to

23 maintaining or interpreting the distinctive character

24 of the Corridor; and
93

•HR 5044 RFS

1 ‘‘(B) specific descriptions of any projects that

2 have been identified and of the participating parties,

3 roles, cost estimates, cost-sharing, or cooperative

4 agreements necessary to carry out the development

5 plan.

6 ‘‘(3) Funds made available pursuant to this sub7 section for any project shall not exceed 50 percent of the

8 total cost of such project.

9 ‘‘(4) In making funds available under this subsection,

10 the Secretary shall give priority to projects that attract

11 greater non-Federal than Federal funding.

12 ‘‘(5) Any payment made under this subsection for the

13 purposes of conservation or restoration of real property

14 or of any structure shall be subject to an agreement—

15 ‘‘(A) to convey a conservation or preservation

16 easement to the Department of Environmental Man17 agement or to the Historic Preservation Commis18 sion, as appropriate, of the State in which the real

19 property or structure is located; or

20 ‘‘(B) that upon conversion, use, or disposal of

21 the real property or structure for purposes contrary

22 to the purposes of this Act, the recipient of the pay23 ment, or the successors or assigns of the recipient,

24 shall pay to the United States the greater of—
94

•HR 5044 RFS

1 ‘‘(i) the total of all Federal funds made

2 available for conservation or restoration of the

3 real property or structure, reduced pro rata

4 over the useful life of the improvements funded;

5 and

6 ‘‘(ii) the increased value attributable to

7 such funds, as determined at the time of the

8 conversion, use, or disposal.

9 ‘‘(6) The determination that, for purposes of para10 graph (5)(B), a conversion, use, or disposal has been car11 ried out contrary to the purposes of this Act shall be solely

12 within the discretion of the Secretary.’’.

13 SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

14 Section 10 of the Act entitled ‘‘An Act to establish

15 the Blackstone River Valley National Heritage Corridor

16 in Massachusetts and Rhode Island’’, approved November

17 10, 1986 (Public Law 99–647; 100 Stat. 3630), is

18 amended—

19 (1) in subsection (a), by striking ‘‘$350,000’’

20 and inserting ‘‘$500,000’’; and

21 (2) by amending subsection (b) to read as

22 follows:

23 ‘‘(b) DEVELOPMENT FUNDS.—There is authorized to

24 be appropriated to carry out section 8 for fiscal years be25 ginning after September 30, 1994, not more than
95

•HR 5044 RFS

1 $5,000,000 in the aggregate, to remain available until

2 expended.’’.

3 TITLE V—BRAMWELL NATIONAL

4 HISTORIC DISTRICT

5 SEC. 501. BRAMWELL NATIONAL HISTORIC DISTRICT.

6 (a) CONGRESSIONAL FINDINGS.—The Congress finds

7 that—

8 (1) the coal mining heritage of southern West

9 Virginia is of historical and cultural significance;

10 (2) the town of Bramwell, West Virginia, pos11 sesses remarkable and outstanding historical, cul12 tural, and architectural values relating to the coal

13 mining heritage of southern West Virginia; and

14 (3) it is in the national interest to preserve the

15 unique character of the town of Bramwell, West Vir16 ginia, and to enhance the historical, cultural, and ar17 chitectural values associated with its coal mining

18 heritage.

19 (b) STATEMENT OF PURPOSE.—The purpose of this

20 section is to encourage the preservation, restoration, and

21 interpretation of the historical, cultural, and architectural

22 values of the town of Bramwell, West Virginia.

23 (c) DESIGNATION.—In order to preserve, protect, re24 store, and interpret the unique historical, cultural, and ar25 chitectural values of Bramwell, West Virginia, there is
96

•HR 5044 RFS

1 hereby designated the Bramwell National Historic District

2 (hereinafter in this section referred to as the ‘‘Historic

3 District’’). The Historic District shall consist of the lands

4 and interest therein within the corporate limits of the town

5 of Bramwell, West Virginia.

6 (d) COOPERATIVE AGREEMENTS.—

7 (1) IN GENERAL.—The Secretary is authorized

8 to enter into cooperative agreements with the State

9 of West Virginia, or any political subdivision thereof,

10 to further the purposes of the Historic District.

11 (2) RATIO OF NON-FEDERAL FUNDS.—Funds

12 authorized to be appropriated to the Secretary for

13 the purposes of this subsection shall be expended in

14 the ratio of 1 dollar of Federal funds for each dollar

15 contributed by non-Federal sources. With the ap16 proval of the Secretary, any donation of land, serv17 ices, or goods from a non-Federal source, fairly val18 ued, may be considered as a contribution of dollars

19 from a non-Federal source for the purposes of this

20 subsection.

21 (3) AGREEMENTS REGARDING PAYMENTS.—Any

22 payment made by the Secretary pursuant to a coop23 erative agreement under this subsection shall be sub24 ject to an agreement that conversion, use, or dis25 posal of the project so assisted for any purpose con-
97

•HR 5044 RFS

1 trary to the purpose of this section, as determined

2 by the Secretary, shall result in a right of the Unit3 ed States to the greater of—

4 (A) reimbursement of all funds made avail5 able to such project; or

6 (B) the proportion of the increased value

7 of the project attributable to such funds, as de8 termined at the time of the conversion, use, or

9 disposal.

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated $1,000,000 to carry out this

12 section.

13 TITLE VI—SOUTHWESTERN

14 PENNSYLVANIA AMERICAN

15 HERITAGE AREA AMEND16 MENTS

17 SEC. 601. SHORT TITLE.

18 This title may be cited as the ‘‘Southwestern Penn19 sylvania American Heritage Area Amendments Act’’.

20 SEC. 602. DESIGNATION OF SOUTHWESTERN PENNSYLVA21 NIA AMERICAN HERITAGE AREA.

22 The Act entitled ‘‘An Act to establish in the Depart23 ment of the Interior the Southwestern Pennsylvania Herit24 age Preservation Commission, and for other purposes’’,
98

•HR 5044 RFS

1 approved November 19, 1988 (102 Stat. 4618), is amend2 ed by adding at the end the following new title:

3 ‘‘TITLE III—SOUTHWESTERN

4 PENNSYLVANIA AMERICAN

5 HERITAGE AREA

6 ‘‘SEC. 301. DESIGNATION.

7 ‘‘There is hereby designated the Southwestern Penn8 sylvania American Heritage Area, which shall be com9 prised of the region in southwestern Pennsylvania de10 scribed in section 101(a).

11 ‘‘SEC. 302. CLASSIFICATION.

12 ‘‘The Southwestern Pennsylvania American Heritage

13 Area shall not be considered to be an American Heritage

14 Area for purposes of the American Heritage Areas Part15 nership Program Act of 1994 or the American Heritage

16 Areas Partnership Program established by section 105(a)

17 of such Act.’’.

18 SEC. 603. POWERS OF COMMISSION.

19 Section 103(h)(3) of the Act entitled ‘‘An Act to es20 tablish in the Department of the Interior the Southwest21 ern Pennsylvania Heritage Preservation Commission, and

22 for other purposes’’, approved November 19, 1988 (102

23 Stat. 4618), is amended by inserting ‘‘or an appropriate

24 private nonprofit organization exempt from income taxes
99

•HR 5044 RFS

1 under section 501(c)(3) of the Internal Revenue Code of

2 1986,’’ after ‘‘public agency,’’.

3 SEC. 604. FEDERAL PARTICIPATION.

4 Section 105 of the Act entitled ‘‘An Act to establish

5 in the Department of the Interior the Southwestern Penn6 sylvania Heritage Preservation Commission, and for other

7 purposes’’, approved November 19, 1988 (102 Stat.

8 4618), is amended to read as follows:

9 ‘‘SEC. 105. PROCEDURES FOR FEDERAL PARTICIPATION.

10 ‘‘(a) REVISION OF COMPREHENSIVE MANAGEMENT

11 PLAN AND SCOPE AND COST DOCUMENT.—(1) The Com12 mission shall revise, to carry out this title in a manner

13 that provides for limited Federal involvement, the manage14 ment plan developed before the date of the enactment of

15 this section. The Commission shall also revise the scope

16 and cost document developed before the date of the enact17 ment of this section to reflect the total cost of each project

18 proposed for approval under this section and the Federal

19 portion of such cost. Both the management plan and the

20 scope and cost document shall be submitted to the Sec21 retary for approval.

22 ‘‘(2) The Secretary shall approve or disapprove any

23 management plan or scope and cost document submitted

24 under paragraph (1) not later than 90 days after receiving

25 such plan or document. If the Secretary disapproves the
100

•HR 5044 RFS

1 submitted management plan or scope and cost document,

2 the Secretary shall advise the Commission in writing of

3 the reasons therefor and shall make recommendations for

4 revisions in the plan or document. The Secretary shall ap5 prove or disapprove a proposed revision to such a plan

6 or document within 90 days after the date on which the

7 proposed revision is submitted to the Secretary.

8 ‘‘(b) LOANS, GRANTS, AND TECHNICAL ASSISTANCE

9 USING FEDERAL FUNDS.—The Commission may not

10 make loans or grants involving Federal funds under sec11 tion 104 except as provided in this subsection. The Sec12 retary may provide a loan, a grant, or technical assistance,

13 for the purpose described in section 104, pursuant to an

14 application made to the Secretary through the Commis15 sion in accordance with procedures required by the Sec16 retary. Each such application shall include the findings

17 of the Commission regarding the manner in which the pro18 posed loan, grant, or technical assistance will further the

19 purpose of this Act. Each such application shall also in20 clude the recommendations of the Commission regarding

21 the proposed loan, grant, or technical assistance. The Sec22 retary may approve such an application only if the Federal

23 funds provided pursuant to the application will be used

24 in a manner that is generally consistent with Federal law

25 relating to the type of project or activity to be funded,
101

•HR 5044 RFS

1 as determined by the Secretary. Federal funds made avail2 able for loans or grants pursuant to section 104 or this

3 subsection may be used to provide for the preservation or

4 restoration of historic properties in an amount not to ex5 ceed $100,000 for each project so assisted.

6 ‘‘(c) USE OF FEDERAL FUNDS.—(1) Federal funds

7 made available under this Act with respect to projects may

8 be made available only for projects that are consistent with

9 the Standards and Guidelines for Historic Properties pro10 mulgated by the Secretary.

11 ‘‘(2) Federal funds made available under this Act

12 after the date of the enactment of this section with respect

13 to a project may be used only for planning and design

14 with respect to the project, except that such funds may

15 be used to complete construction commenced before such

16 date regarding Saltsburg Canal Park or West Overton

17 Village.

18 ‘‘(3) The total amount of Federal assistance provided

19 under this section for a project in any fiscal year may not

20 exceed 20 percent of the total amount of Federal funds

21 made available for that fiscal year for the Southwestern

22 Pennsylvania National Heritage Area.

23 ‘‘(4) Federal funds made available under this title

24 with respect to a project may not exceed 50 percent of

25 the total costs of the project. In making such funds avail-
102

•HR 5044 RFS

1 able, the Secretary shall give consideration to projects that

2 provide a greater leverage of Federal funds. Any payment

3 made under section 104 or 105 shall be subject to an

4 agreement that conversion, use, or disposal of the project

5 so assisted for any purpose contrary to the purpose of this

6 Act, as determined by the Secretary, shall result in a right

7 of the United States to the greater of—

8 ‘‘(A) compensation for all funds made available

9 with respect to such project; and

10 ‘‘(B) the proportion of the increased value of

11 the project attributable to such funds, as determined

12 at the time of such conversion, use, or disposal.

13 ‘‘(5) No Federal funds made available to carry out

14 this Act for fiscal years beginning after September 30,

15 1995, may be used to provide operational or maintenance

16 support with respect to any building, site, or structure

17 that is not owned by the Federal Government, except the

18 Railroaders Memorial Museum, Saltsburg Canal Park,

19 and West Overton Village. Such funds for the Railroaders

20 Memorial Museum, Saltsburg Canal Park, and West

21 Overton Village may not exceed $200,000 annually, in the

22 aggregate.

23 ‘‘(6) No Federal funds made available to carry out

24 this Act may be used for the construction of any visitor
103

•HR 5044 RFS

1 center, interpretive center, or museum, except West

2 Overton Village.

3 ‘‘(7) The Secretary shall approve or disapprove the

4 use of Federal funds made available pursuant to this title

5 within 30 days after application for such funds by the

6 Commission.’’.

7 SEC. 605. CONGRESSIONAL OVERSIGHT.

8 Section 104(b) of the Act entitled ‘‘An Act to estab9 lish in the Department of the Interior the Southwestern

10 Pennsylvania Heritage Preservation Commission, and for

11 other purposes’’, approved November 19, 1988 (102 Stat.

12 4618), is amended—

13 (1) in the first sentence, by inserting ‘‘and to

14 the Congress’’ after ‘‘Secretary’’; and

15 (2) by inserting after the first sentence the fol16 lowing: ‘‘Funds made available for a fiscal year to

17 carry out this Act may not be obligated for that fis18 cal year until the report required for the preceding

19 fiscal year by the preceding sentence is submitted to

20 the Congress.’’.

21 SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

22 Title I of the Act entitled ‘‘An Act to establish in

23 the Department of the Interior the Southwestern Penn24 sylvania Heritage Preservation Commission, and for other

25 purposes’’, approved November 19, 1988 (102 Stat.
104

•HR 5044 RFS

1 4618), is amended by adding at the end the following new

2 section:

3 ‘‘SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There are authorized to be appropriated to the Sec5 retary to carry out this Act the following:

6 ‘‘(1) For each of the fiscal years 1996, 1997,

7 and 1998, $1,000,000 for planning and design,

8 $1,600,000 for construction, $600,000 for grants

9 and loans, and $400,000 for the operations of the

10 Commission.

11 ‘‘(2) For that portion of fiscal year 1999 that

12 occurs before the Commission ceases to exist under

13 section 104(e), $250,000 for planning and design,

14 $400,000 for construction, $150,000 for grants and

15 loans, and $100,000 for the operations of the Com16 mission.’’.

17 SEC. 607. PATH OF PROGRESS.

18 Title II of the Act entitled ‘‘An Act to establish in

19 the Department of the Interior the Southwestern Penn20 sylvania Heritage Preservation Commission, and for other

21 purposes’’, approved November 19, 1988 (102 Stat.

22 4618), is amended as follows:

23 (1) By amending the heading of the title to

24 read as follows:
105

•HR 5044 RFS

1 ‘‘TITLE II—PATH OF PROGRESS’’.

2 (2) By amending section 201 to read as follows:

3 ‘‘SEC. 201. IDENTIFICATION OF ROUTE.

4 ‘‘In order to provide for public appreciation, edu5 cation, understanding, and enjoyment of certain nationally

6 and regionally significant sites in Southwestern Penn7 sylvania which are accessible by public roads, the Sec8 retary, with the concurrence of the agency having jurisdic9 tion over such roads, may provide signs, interpretive mate10 rials, and other informational devices for a vehicular tour

11 route, commonly known as the ‘Path of Progress Heritage

12 Route’.’’.

13 TITLE VII—BUY AMERICAN

14 POLICY

15 SEC. 701. PURCHASE OF AMERICAN-MADE EQUIPMENT AND

16 PRODUCTS.

17 (a) SENSE OF THE CONGRESS.—It is the sense of the

18 Congress that, to the greatest extent practicable, all equip19 ment and products purchased with funds made available

20 under this Act should be American-made.

21 (b) NOTICE REQUIREMENT.—In using funds made

22 available under this Act to provide financial assistance to,

23 or enter into any contract with, any entity, the Secretary,

24 to the greatest extent practicable, shall provide to the en-
106

•HR 5044 RFS

1 tity a notice describing the statement made by the Con2 gress in subsection (a).

Passed the House of Representatives October 5,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.

HR 5044 RFS——2

HR 5044 RFS——3

HR 5044 RFS——4

HR 5044 RFS——5

HR 5044 RFS——6

HR 5044 RFS——7

HR 5044 RFS——8

HR 5044 RFS——9