89–006

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–123

OIL REGION NATIONAL HERITAGE AREA ACT

JULY 10, 2001.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. HANSEN, from the Committee on Resources,

submitted the following

R E P O R T

[To accompany H.R. 695]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill

(H.R. 695) to establish the Oil Region National Heritage Area, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; DEFINITIONS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Oil Region National Heritage

Area Act’’.

(b) DEFINITIONS.—For the purposes of this Act, the following definitions shall

apply:

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the Oil Region National Heritage Area established in section 3(a).

(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’ means the Oil Heritage Region, Inc., or its successor entity.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.

SEC. 2. FINDINGS AND PURPOSE.

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

(1) The Oil Region of Northwestern Pennsylvania, with numerous sites and

districts listed on the National Register of Historic Places, and designated by

the Governor of Pennsylvania as one of the State Heritage Park Areas, is a region with tremendous physical and natural resources and possesses a story of

State, national, and international significance.

(2) The single event of Colonel Edwin Drake’s drilling of the world’s first successful oil well in 1859 has affected the industrial, natural, social, and political

structures of the modern world.

(3) Six national historic districts are located within the State Heritage Park

boundary, in Emlenton, Franklin, Oil City, and Titusville, as well as 17 separate National Register sites.

(4) The Allegheny River, which was designated as a component of the national

wild and scenic rivers system in 1992 by Public Law 102–271, traverses the Oil

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Region and connects several of its major sites, as do some of the river’s tributaries such as Oil Creek, French Creek, and Sandy Creek.

(5) The unspoiled rural character of the Oil Region provides many natural

and recreational resources, scenic vistas, and excellent water quality for people

throughout the United States to enjoy.

(6) Remnants of the oil industry, visible on the landscape to this day, provide

a direct link to the past for visitors, as do the historic valley settlements, riverbed settlements, plateau developments, farmlands, and industrial landscapes.

(7) The Oil Region also represents a cross section of American history associated with Native Americans, frontier settlements, the French and Indian War,

African Americans and the Underground Railroad, and immigration of Swedish

and Polish individuals, among others.

(8) Involvement by the Federal Government shall serve to enhance the efforts

of the Commonwealth of Pennsylvania, local subdivisions of the Commonwealth

of Pennsylvania, volunteer organizations, and private businesses, to promote

the cultural, national, and recreational resources of the region in order to fulfill

their full potential.

(b) PURPOSE.—The purpose of this Act is to enhance a cooperative management

framework to assist the Commonwealth of Pennsylvania, its units of local government, and area citizens in conserving, enhancing, and interpreting the significant

features of the lands, water, and structures of the Oil Region, in a manner consistent with compatible economic development for the benefit and inspiration of

present and future generations in the Commonwealth of Pennsylvania and the

United States.

SEC. 3. OIL REGION NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT.—There is hereby established the Oil Region National Heritage Area.

(b) BOUNDARIES.—The boundaries of the Heritage Area shall include all of those

lands depicted on a map entitled ‘‘Oil Region National Heritage Area’’, numbered

OIRE/20,000 and dated October, 2000. The map shall be on file in the appropriate

offices of the National Park Service. The Secretary of the Interior shall publish in

the Federal Register, as soon as practical after the date of the enactment of this

Act, a detailed description and map of the boundaries established under this subsection.

(c) MANAGEMENT ENTITY.—The management entity for the Heritage Area shall be

the Oil Heritage Region, Inc., the locally based private, nonprofit management corporation which shall oversee the development of a management plan in accordance

with section 5(b).

SEC. 4. COMPACT.

To carry out the purposes of this Act, the Secretary shall enter into a compact

with the management entity. The compact shall include information relating to the

objectives and management of the area, including a discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to

conservation and interpretation and a general outline of the protection measures

committed to by the Secretary and management entity.

SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—The management entity may use

funds made available under this Act for purposes of preparing, updating, and implementing the management plan developed under subsection (b). Such purposes may

include—

(1) making grants to, and entering into cooperative agreements with, States

and their political subdivisions, private organizations, or any other person;

(2) hiring and compensating staff; and

(3) undertaking initiatives that advance the purposes of the Heritage Area.

(b) MANAGEMENT PLAN.—The management entity shall develop a management

plan for the Heritage Area that—

(1) presents comprehensive strategies and recommendations for conservation,

funding, management, and development of the Heritage Area;

(2) takes into consideration existing State, county, and local plans and involves residents, public agencies, and private organizations working in the Heritage Area;

(3) includes a description of actions that units of government and private organizations have agreed to take to protect the resources of the Heritage Area;

(4) specifies the existing and potential sources of funding to protect, manage,

and develop the Heritage Area;

(5) includes an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes

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of the Heritage Area and that should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational, or

scenic significance;

(6) recommends policies for resource management which consider and detail

application of appropriate land and water management techniques, including,

but not limited to, the development of intergovernmental and interagency cooperative agreements to protect the Heritage Area’s historical, cultural, recreational, and natural resources in a manner consistent with supporting appropriate and compatible economic viability;

(7) describes a program for implementation of the management plan by the

management entity, including plans for restoration and construction, and specific commitments for that implementation that have been made by the management entity and any other persons for the first 5 years of implementation;

(8) includes an analysis of ways in which local, State, and Federal programs,

including the role for the National Park Service in the Heritage Area, may best

be coordinated to promote the purposes of this Act;

(9) lists any revisions to the boundaries of the Heritage Area proposed by the

management entity and requested by the affected local government; and

(10) includes an interpretation plan for the Heritage Area.

(c) DEADLINE; TERMINATION OF FUNDING.—

(1) DEADLINE.—The management entity shall submit the management plan to

the Secretary within 2 years after the funds are made available for this Act.

(2) TERMINATION OF FUNDING.—If a management plan is not submitted to the

Secretary in accordance with this subsection, the management entity shall not

qualify for Federal assistance under this Act.

(d) DUTIES OF MANAGEMENT ENTITY.—The management entity shall—

(1) give priority to implementing actions set forth in the compact and management plan;

(2) assist units of government, regional planning organizations, and nonprofit

organizations in—

(A) establishing and maintaining interpretive exhibits in the Heritage

Area;

(B) developing recreational resources in the Heritage Area;

(C) increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area;

(D) the restoration of any historic building relating to the themes of the

Heritage Area;

(E) ensuring that clear, consistent, and environmentally appropriate signs

identifying access points and sites of interest are put in place throughout

the Heritage Area; and

(F) carrying out other actions that the management entity determines to

be advisable to fulfill the purposes of this Act.

(3) encourage by appropriate means economic viability in the Heritage Area

consistent with the goals of the management plan;

(4) consider the interests of diverse governmental, business, and nonprofit

groups within the Heritage Area; and

(5) for any year in which Federal funds have been provided to implement the

management plan under subsection (b)—

(A) conduct public meetings at least annually regarding the implementation of the management plan;

(B) submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each person to which any grant was made

by the management entity in the year for which the report is made; and

(C) require, for all agreements entered into by the management entity authorizing expenditure of Federal funds by any other person, that the person

making the expenditure make available to the management entity for audit

all records pertaining to the expenditure of such funds.

(e) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—The management entity may not use Federal funds received under this Act to acquire real property or

an interest in real property.

SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.

(a) TECHNICAL AND FINANCIAL ASSISTANCE.—

(1) IN GENERAL.—

(A) OVERALL ASSISTANCE.—The Secretary may, upon the request of the

management entity, and subject to the availability of appropriations, provide technical and financial assistance to the management entity to carry

out its duties under this Act, including updating and implementing a manVerDate 11-MAY-2000 21:20 Jul 11, 2001 Jkt 089006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6621 E:\HR\OC\HR123.XXX pfrm04 PsN: HR123
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agement plan that is submitted under section 5(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives.

(B) OTHER ASSISTANCE.—If the Secretary has the resources available to

provide technical assistance to the management entity to carry out its duties under this Act (including updating and implementing a management

plan that is submitted under section 5(b) and approved by the Secretary

and, prior to such approval, providing assistance for initiatives), upon the

request of the management entity the Secretary shall provide such assistance on a reimbursable basis. This subparagraph does not preclude the Secretary from providing nonreimbursable assistance under subparagraph (A).

(2) PRIORITY.—In assisting the management entity, the Secretary shall give

priority to actions that assist in the—

(A) implementation of the management plan;

(B) provision of educational assistance and advice regarding land and

water management techniques to conserve the significant natural resources

of the region;

(C) development and application of techniques promoting the preservation

of cultural and historic properties;

(D) preservation, restoration, and reuse of publicly and privately owned

historic buildings;

(E) design and fabrication of a wide range of interpretive materials based

on the management plan, including guide brochures, visitor displays, audiovisual and interactive exhibits, and educational curriculum materials for

public education; and

(F) implementation of initiatives prior to approval of the management

plan.

(3) DOCUMENTATION OF STRUCTURES.—The Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record,

shall conduct studies necessary to document the industrial, engineering, building, and architectural history of the Heritage Area.

(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLANS.—The Secretary, in consultation with the Governor of Pennsylvania, shall approve or disapprove a management plan submitted under this Act not later than 90 days after receiving such

plan. In approving the plan, the Secretary shall take into consideration the following criteria:

(1) The extent to which the management plan adequately preserves and protects the natural, cultural, and historical resources of the Heritage Area.

(2) The level of public participation in the development of the management

plan.

(3) The extent to which the board of directors of the management entity is

representative of the local government and a wide range of interested organizations and citizens.

(c) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a management

plan, the Secretary shall advise the management entity in writing of the reasons

for the disapproval and shall make recommendations for revisions in the management plan. The Secretary shall approve or disapprove a proposed revision within 90

days after the date it is submitted.

(d) APPROVING CHANGES.—The Secretary shall review and approve amendments

to the management plan under section 5(b) that make substantial changes. Funds

appropriated under this Act may not be expended to implement such changes until

the Secretary approves the amendments.

(e) EFFECT OF INACTION.—If the Secretary does not approve or disapprove a management plan, revision, or change within 90 days after it is submitted to the Secretary, then such management plan, revision, or change shall be deemed to have

been approved by the Secretary.

SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES.

Any Federal entity conducting or supporting activities directly affecting the Heritage Area shall—

(1) consult with the Secretary and the management entity with respect to

such activities;

(2) cooperate with the Secretary and the management entity in carrying out

their duties under this Act and, to the maximum extent practicable, coordinate

such activities with the carrying out of such duties; and

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

a manner that the management entity determines shall not have an adverse effect on the Heritage Area.

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SEC. 8. SUNSET.

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

after the expiration of the 15-year period beginning on the date of the enactment

of this Act.

SEC. 9. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this Act shall preclude the management entity from using Federal

funds available under Acts other than this Act for the purposes for which those

funds were authorized.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to carry out this Act— (1) not more than $1,000,000 for any fiscal year; and

(2) not more than a total of $10,000,000.

(b) 50 PERCENT MATCH.—Financial assistance provided under this Act may not be

used to pay more than 50 percent of the total cost of any activity carried out with

that assistance.

PURPOSE OF THE BILL

The purpose of H.R. 695 is to establish the Oil Region National

Heritage Area.

BACKGROUND AND NEED FOR LEGISLATION

During the late 1980s, local leaders in the town of Titusville,

Pennsylvania, home of the first oil drilling site in North America,

were looking for a way to attract more tourists to the region. The

leaders decided to promote the area’s oil heritage, and began to

lobby the State of Pennsylvania for its designation as a State Heritage Area. In 1994, Governor Robert P. Casey designated an area

consisting of approximately 7,075 acres as the Oil Region Heritage

Park. The Park is located in all of Venango County, and also includes the City of Titusville and Oil Creek Township in Crawford

County’s eastern corner.

H.R. 695 would establish the Oil Region National Heritage Area

in Venango County and in part of Crawford County, Pennsylvania.

This area was originally created as a State Heritage Area to preserve the Oil Creek Gorge area, the heart of the early oil period

where many oil boomtowns originated due to oil discoveries, and

then diminished in size when oil production declined.

Since its designation in 1994, the State Heritage Area has become a favorite getaway for many tourists, and many of the local

economies have benefitted from the increase in revenue. Visitors

are able to enjoy the region in a variety of ways including over 70

miles of hiking and interpretive trails which lead to areas of historic and scenic interest. Other activities include camping, canoeing, hunting, and fishing. Tourists may also stop by the area’s visitor center in Petroleum Center, an old boomtown, where displays

and programs on oil history are presented year round.

In 1998 the non-profit corporation Oil Heritage Region, Inc. was

established. The Oil Heritage Region, Inc.’s primary role is the

planning and development of the park’s infrastructure, including

improvements which help promote tourism, recreation, and the development of cultural facilities. Past projects have included the development of a trails system for outdoor recreation, the design of

an educational program about the region, and the promotion of new

tourist attractions.

The Oil Region National Heritage Area would enhance the cooperative framework to improve and interpret the significant resources in the Oil Region. The Oil Heritage Region, Inc. would reVerDate 11-MAY-2000 21:20 Jul 11, 2001 Jkt 089006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR123.XXX pfrm04 PsN: HR123
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main the management entity of the Area and work with the Secretary of the Interior for the further development of the region. The

management entity would be responsible for the development of a

management plan and completing an inventory of the resources

contained in the area. Appropriations for this bill are authorized at

no more than $1 million per year and shall not be more than $10

million total. H.R. 695 also provides that federal financial assistance shall not be more than 50 percent of the total cost of any activity carried out with that assistance.

During the 106th Congress, the Subcommittee on National Parks

and Public Lands held a hearing on H.R. 3190, the predecessor to

H.R. 695, which was opposed by the National Park Service because

a feasibility and suitability study had not been conducted to determine whether such designation was appropriate. In the months following the hearing, a field study was conducted by the National

Park Service, which concluded that establishment of the area as a

national heritage area site was appropriate. In addition, H.R. 695

reflects a number of technical changes and modifications recommended by the Department of the Interior.

COMMITTEE ACTION

H.R. 690 was introduced on February 14, 2001, by Congressman

John Peterson (R–PA). The bill was referred to the Committee on

Resources, and within the Committee to the Subcommittee on National Parks, Recreation, and Public Lands. On June 26, 2001, the

Subcommittee met to mark up the bill. Subcommittee Chairman

Joel Hefley (R–CO) offered an amendment in the nature of a substitute to add the map title and date to Section 3 of the bill. It was

adopted by voice vote. The bill, as amended, was then forwarded

to the Full Committee. On June 27, 2001, the Full Resources Committee met to consider the bill. No further amendments were offered and the bill as amended was then ordered favorably reported

to the House of Representatives by voice vote.

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in

the body of this report.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States

grants Congress the authority to enact this bill.

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974.

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2. Congressional Budget Act. As required by clause 3(c)(2) of rule

XIII of the Rules of the House of Representatives and section

308(a) of the Congressional Budget Act of 1974, this bill does not

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures.

3. General Performance Goals and Objectives. As required by

clause 3(c)(4) of rule XIII, the general performance goal or objective

of this bill is to establish the Oil Region National Heritage Area.

4. Congressional Budget Office Cost Estimate. Under clause

3(c)(3) of rule XIII of the Rules of the House of Representatives and

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the

Director of the Congressional Budget Office:

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 3, 2001.

Hon. JAMES V. HANSEN,

Chairman, Committee on Resources,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 695, the Oil Region National Heritage Area Act.

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

to provide them. The CBO staff contacts are Deborah Reis and Melissa Zimmerman.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

H.R. 695—Oil Region National Heritage Area Act

H.R. 695 would establish the Oil Region National Heritage Area

in Pennsylvania. The heritage area would be managed by the Oil

Heritage Region, Inc., a nonprofit corporation. The bill would direct

the Secretary of the Interior to enter into a cooperative agreement

with the corporation under which the government would provide

technical and financial assistance to prepare, update, and implement a management plan for the heritage area. The plan would include strategies for conservation, funding, development, and cooperation with state and local governments. The bill also would direct the Secretary to conduct studies to document the industrial,

engineering, building, and architectural history of the heritage

area. For these purposes, including implementing the plan and conducting historical studies, the bill would authorize the appropriation of $1 million for each fiscal year after enactment, up to a total

of $10 million.

Assuming appropriation of the authorized amounts, CBO estimates that implementing H.R. 695 would cost $10 million over the

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

695 contains no intergovernmental or private-sector mandates as

defined in the Unfunded Mandates Reform Act and would impose

no costs on state, local, or tribal governments.

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The CBO staff contacts for this estimate are Deborah Reis and

Melissa Zimmerman. This estimate was approved by Peter H.

Fontaine, Deputy Assistant Director for Budget Analysis.

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law.

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law.

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