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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2186 Introduced in House (IH)]

  1st Session
                                H. R. 2186

To establish the Ohio & Erie Canal Corridor National Heritage Corridor 
                         in the State of Ohio.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 1995

Mr. Regula (for himself, Mr. Sawyer, Mr. Stokes, Mr. Hall of Ohio, Mr. 
Oxley, Mr. Hobson, Mr. LaTourette, Mr. Brown of Ohio, Mr. Boehner, Ms. 
  Pryce, Ms. Kaptur, Mr. Hoke, Mr. Ney, Mr. Cremeans, Mr. Kasich, Mr. 
 Gillmor, and Mr. Traficant) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL

 
To establish the Ohio & Erie Canal Corridor National Heritage Corridor 
                         in the State of Ohio.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ohio & Erie Canal National Heritage 
Corridor Act of 1995''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Ohio & Erie Canal, which opened for commercial 
        navigation in 1832, was the first inland waterway to connect 
        the Great Lakes at Lake Erie with the Gulf of Mexico via the 
        Ohio and Mississippi Rivers and a part of a canal network in 
        Ohio that was one of America's most extensive and successful 
        systems during a period in history when canals were essential 
        to the Nation's growth.
            (2) The Ohio & Erie Canal spurred economic growth in the 
        State of Ohio that took the State from near bankruptcy to the 
        third most economically prosperous State in the Union in just 
        20 years.
            (3) A 4-mile section of the Ohio & Erie Canal was 
        designated a National Historic Landmark in 1966 and other 
        portions of the Ohio & Erie Canal and many associated 
        structures were placed on the National Register of Historic 
        Places.
            (4) In 1974, 19 miles of the Ohio & Erie Canal were 
        declared nationally significant under National Park Service new 
        area criteria with the designation of Cuyahoga Valley National 
        Recreation Area.
            (5) The National Park Service found the Ohio & Erie Canal 
        nationally significant in a 1975 study entitled ``Suitability/
        Feasibility Study, Proposed Ohio & Erie Canal''.
            (6) A 1993 Special Resources Study of the Ohio & Erie Canal 
        Corridor conducted by the National Park Service entitled ``A 
        Route to Prosperity'' has concluded that the corridor is 
        eligible as a National Heritage Corridor.
            (7) Local governments, the State of Ohio and private sector 
        interests have embraced the heritage corridor concept and 
        desire to enter into partnership with the Federal Government to 
        preserve, protect, and develop the corridor for public benefit.
    (b) Purposes.--The purposes of this Act are--
            (1) to preserve and interpret for the educational and 
        inspirational benefit of present and future generations the 
        unique and significant contributions to our national heritage 
        of certain historic and cultural lands, waterways, and 
        structures within the 87-mile Ohio & Erie Canal Corridor 
        between Cleveland and Zoar;
            (2) to encourage within the corridor a broad range of 
        economic opportunities enhancing the quality of life for 
        present and future generations;
            (3) to provide a management framework to assist the State 
        of Ohio, its political subdivisions, and nonprofit 
        organizations, or combinations thereof, in preparing and 
        implementing an integrated Corridor Management Plan and in 
        developing policies and programs that will preserve, enhance, 
        and interpret the cultural, historical, natural, recreation, 
        and scenic resources of the corridor; and
            (4) to authorize the Secretary to provide financial and 
        technical assistance to the State of Ohio, its political 
        subdivisions, and nonprofit organizations, or combinations 
        thereof, in preparing and implementing a Corridor Management 
        Plan.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``corridor'' means the Ohio & Erie Canal 
        National Heritage Corridor established by section 4.
            (2) The term ``Advisory Commission'' means the Ohio & Erie 
        Canal National Heritage Corridor Advisory Commission 
        established by section 5.
            (3) The term ``Corridor Management Plan'' means the 
        management plan developed under section 9.
            (4) The term ``Secretary'' means the Secretary of the 
        Interior.
            (5) The term ``technical assistance'' means any guidance, 
        advice, help, or aid, other than financial assistance, provided 
        by the Secretary of the Interior.
            (6) The term ``financial assistance'' means funds 
        appropriated by Congress and made available
         to the management entity for the purposes of preparing and 
implementing a Corridor Management Plan.
            (7) The term ``management entity'' means the State of Ohio, 
        its political subdivisions, and private nonprofit 
        organizations, or combination thereof, as designated by the 
        Secretary pursuant to section 7(a) to receive, distribute, and 
        account for Federal funds appropriated for the purposes of this 
        Act.

SEC. 4. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR.

    (a) Establishment.--There is established in the State of Ohio the 
Ohio & Erie Canal National Heritage Corridor.
    (b) Boundaries.--
            (1) In general.--The boundaries of the corridor shall be 
        composed of the lands that area generally the route of the Ohio 
        & Erie Canal from Cleveland to Zoar, Ohio, as depicted in the 
        1993 National Park Service Special Resources Study, ``A Route 
        to Prosperity'', subject to paragraph (2). The specific 
        boundaries shall be those specified in the management plan 
        submitted under section 9. The Secretary shall prepare a map of 
        the area which shall be on file and available for public 
        inspection in the office of the Director of the National Park 
        Service.
            (2) Consent of local governments.--No privately owned 
        property shall be included within the boundaries of the 
        corridor unless the municipality in which the property is 
        located agrees to be so included and submits notification of 
        such agreement to the Secretary.
    (c) Administration.--The corridor shall be administered in 
accordance with the provisions of this Act.

SEC. 5. THE OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR ADVISORY 
              COMMISSION.

    (a) Establishment.--The Secretary is authorized to establish the 
Ohio & Erie Canal National Heritage Corridor Advisory Commission 
(hereafter known as the Advisory Commission) whose purpose shall be to 
assist Federal, State, and local authorities and the private sector in 
the preparation and implementation of an integrated Corridor Management 
Plan.
    (b) Membership.--The Advisory Commission shall be comprised of 21 
members, as follows:
            (1) Four individuals appointed by the Secretary after 
        consideration of recommendations submitted by the Greater 
        Cleveland Growth Association, the Akron Regional Development 
        Board, the Stark Development Board, and the Tuscarawas County 
        Chamber of Commerce who shall include one representative of 
        business and industry from each of the Ohio counties of 
        Cuyahoga, Summit, Stark, and Tuscarawas.
            (2) One individual appointed by the Secretary after 
        consideration of recommendations submitted by the Director of 
        the Ohio Department of Travel and Tourism who is a director of 
        a convention and tourism bureau within the corridor.
            (3) One individual appointed by the Secretary after 
        consideration of recommendations submitted by the Ohio Historic 
        Preservation Officer with knowledge and experience in the field 
        of historic preservation.
            (4) One individual appointed by the Secretary after 
        consideration of recommendations submitted by the Director of 
        the National Park Service with knowledge and experience in the 
        field of historic preservation.
            (5) Three individuals appointed by the Secretary after 
        consideration of recommendations submitted by the county or 
        metropolitan park boards in the Ohio counties of Cuyahoga, 
        Summit, and Stark.
            (6) Eight individuals appointed by the Secretary after 
        consideration of recommendations submitted by the county 
        commissioners or county chief executive of the Ohio counties of 
        Cuyahoga, Summit, Stark and Tuscarawas, including--
                    (A) from each county, one representative of the 
                planning offices of the county; and
                    (B) from each county, one representative of a 
                municipality in the county.
            (7) Two individuals appointed by the Secretary after 
        consideration of recommendations submitted by the Governor of 
        Ohio, who shall be representatives of the Directors of the Ohio 
        Department of Natural Resources and the Ohio Department of 
        Transportation.
            (8) The Superintendent of the Cuyahoga Valley National 
        Recreation Area, ex officio.
    (c) Appointments.--
            (1) In general.--Except as provided in paragraph (2), 
        members of the Advisory Commission shall be appointed for terms 
        of three years and may be reappointed.
            (2) Initial appointments.--The Secretary shall appoint the 
        initial members of the Advisory Commission within 30 days after 
        the date on which the Secretary has received all 
        recommendations pursuant to subsection (b). Of the members 
        first appointed--
                    (A) the members appointed pursuant to subsection 
                (b)(6)(B) shall be appointed to a term of two years and 
                may not be reappointed to a consecutive term; and
                    (B) the member appointed pursuant to subsection 
                (b)(2) shall be appointed to a term of two years and 
                may not be reappointed to a consecutive term.
    (d) Chair and Vice Chair.--The chair and vice chair of the Advisory 
Commission shall be elected by the members of the Advisory Commission. 
The terms of the chair and vice chair shall be two years.
    (e) Vacancy.--A vacancy in the Advisory Commission shall be filled 
in the manner in which the original appointment was made. Any member 
appointed to fill a vacancy occurring before the expiration of the term 
for which their predecessor was appointed shall be appointed only for 
the remainder of such term. Any member of the Advisory Commission 
appointed for a definite term may serve after the expiration of their 
term until their successor has taken office.
    (f) Compensation and Expenses.--Members of the Advisory Commission 
shall serve without compensation for their service on the Advisory 
Commission.
    (g) Quorum.--Eleven members of the Advisory Commission shall 
constitute a quorum.
    (h) Meetings.--The Advisory Commission shall meet at least 
quarterly at the call of the chairperson or 11 of its members. Meetings 
of the Advisory Commission shall be subject to section 552b of title 5, 
United States Code (relating to open meetings).
    (i) Termination of the Advisory Commission.--The Advisory 
Commission shall terminate on the date occurring six years after being 
established by the Secretary.

SEC. 6. POWERS OF THE ADVISORY COMMISSION.

    (a) Hearings.--The Advisory Commission may, for the purpose of 
carrying out this Act, hold such hearings, sit and act at such times 
and places, take such testimony, and receive such evidence, as the 
Advisory Commission considers appropriate. The Advisory Commission may 
not issue subpoenas or exercise any subpoena authority.
    (b) Bylaws.--The Advisory Commission may make such bylaws and 
rules, consistent with this Act, as it considers necessary to carry out 
its functions under this Act.
    (c) Powers of Members and Agents.--Any member or agent of the 
Advisory Commission, if so authorized by the Advisory Commission, may 
take any action which the Advisory Commission is authorized to take by 
this Act.

SEC. 7. DUTIES OF THE ADVISORY COMMISSION.

    (a) Management Entity.--Upon public solicitation of proposals from 
entities representing the State of Ohio, its political subdivisions, 
and nonprofit organizations, or combination thereof, the Advisory 
Commission shall, within 90 days of its first meeting, submit a 
recommendation to the Secretary for designation of a management entity 
for the corridor pursuant to section 8.
    (b) Corridor Management Plan.--Upon submission of a draft Corridor 
Management Plan to the Advisory Commission from the management entity, 
the Advisory Commission shall, within 60 days, review such plan for 
consistency with the purposes of this Act and endorse the plan or 
return it to the management entity for revision. Upon endorsement of 
the Corridor Management Plan, the Advisory Commission shall submit such 
plan to the Secretary for approval pursuant to section 9.
    (c) Review of Budget.--The Advisory Commission shall review on an 
annual basis the proposed expenditures of Federal funds by the 
management entity for consistency with the purpose of this Act and the 
Corridor Management Plan.
SEC. 8. MANAGEMENT ENTITY.

    (a) Designation.--The Secretary shall designate the management 
entity within 30 days after the date on which the recommendation of the 
Advisory Commission is received pursuant to section 7(a).
    (b) Eligibility.--To be eligible for designation as the management 
entity of the corridor that entity must possess the legal ability to--
            (1) receive Federal funds for use in preparing and 
        implementing the management plan for the corridor;
            (2) disburse Federal funds to other units of government or 
        other organizations for use in preparing and implementing the 
        management plan for the corridor;
            (3) account for all Federal funds received or disbursed; 
        and
            (4) sign agreements with the Federal Government.
    (c) Federal Funding.--
            (1) Authorization to receive.--The management entity is 
        authorized to receive appropriated Federal funds.
            (2) Disqualification.--If a management plan for the 
        corridor is not submitted to the Secretary as required under 
        section 9 within the time specified the management entity shall 
        cease to be eligible for Federal funding under this Act until 
        such a plan regarding the corridor is submitted to the 
        Secretary.
    (d) Authorities of Management Entity.--The management entity of the 
corridor may, for purposes of preparing and implementing the management 
plan for the area, use Federal funds made available under this Act--
            (1) to make grants and loans to the State of Ohio, its 
        political subdivisions nonprofit organizations, and other 
        persons;
            (2) to enter into cooperative agreements with, or provide 
        technical assistance to Federal agencies, the State of Ohio, 
        its political subdivisions, nonprofit organizations and other 
        persons;
            (3) to hire and compensate staff;
            (4) to obtain money from any source under any program or 
        law requiring the recipient of such money to make a 
        contribution in order to receive such money; and
            (5) to contract for goods and services.
    (e) Duration of Eligibility for Financial Assistance.--The 
management entity for the corridor shall be eligible to receive funds 
appropriated under this Act for:
            (1) Operations.--For a period of three years beginning on 
        the date the Secretary has designated the management entity 
        pursuant to subsection (c).
            (2) Development.--For a period of six years beginning on 
        the date the Secretary has designated the management entity 
        pursuant to subsection (c).
    (f) Prohibition of Acquisition of Real Property.--The management 
entity for the corridor may not use Federal funds received under this 
Act to acquire real property or any interest in real property.

SEC. 9. DUTIES OF THE MANAGEMENT ENTITY.

    (a) Corridor Management Plan.--
            (1) Submission for review by advisory commission.--Within 
        18 months after the date on which the Secretary has designated 
        a management entity for the corridor, the management entity 
        shall develop and submit for review to the Advisory Commission 
        a management plan for the corridor.
            (2) Plan requirements.--A management plan submitted under 
        this Act shall present comprehensive recommendations for the 
        conservation, funding, management, and development of the 
        corridor. The plan shall be prepared with public participation. 
        The plan shall take into consideration existing Federal, State, 
        county, and local plans and involve residents, public agencies, 
        and private organizations in the corridor. The plan shall 
        include a description of actions that units of government and 
        private organizations are recommended to take to protect the 
        resources of the corridor. The plan shall specify existing and 
        potential sources of funding for the conservation, management, 
        and development of the area. The plan also shall include the 
        following, as appropriate:
                    (A) An inventory of the resources contained in the 
                corridor, including a list of property in the corridor 
                that should be conserved, restored, managed, developed, 
                or maintained because of the natural, cultural, or 
                historic significance of the property as it relates to 
                the themes of the corridor.
                    (B) A recommendation of policies for resource 
                management that consider and detail the application of 
                appropriate land and water management techniques, 
                including (but not limited to) the development of 
                intergovernmental cooperative agreements to manage the 
                historical, cultural, and natural resources and 
                recreational opportunities of the corridor in a manner 
                consistent with the support of appropriate and 
                compatible economic viability.
                    (C) A program, including plans for restoration and 
                construction, for implementation of the management plan 
                by the management entity and specific commitments, for 
                the first six years of operation of the plan by the 
                partners identified in said plan.
                    (D) An analysis of means by which Federal, State, 
                and local programs may best be coordinated to promote 
                the purposes of this Act.
                    (E) An interpretive plan for the corridor.
            (2) Approval and disapproval of the corridor management 
        plan.--
                    (A) In general.--Upon submission of the Corridor 
                Management Plan from the Advisory Commission, the 
                Secretary shall approve or disapprove said plan not 
                later than 60 days upon receipt. If the Secretary has 
                taken no action after 60 days upon receipt, the plan 
                shall be considered approved.
                    (B) Disapproval and revisions.--If the Secretary 
                disapproves the Corridor Management Plan, the Secretary 
                shall advise the Advisory Commission, in writing, of 
                the reasons for
                 the disapproval and shall make recommendations for 
revision of the plan. The Secretary shall approve or disapprove 
proposed revisions to the plan not later than 60 days upon receipt. If 
the Secretary has taken no action after 60 days upon receipt, the plan 
shall be considered approved.
    (b) Priorities.--The management entity shall give priority to the 
implementation of actions, goals, and policies set forth in the 
management plan for the corridor, including--
            (1) assisting units of government, regional planning 
        organizations, and nonprofit organizations--
                    (A) in conserving the corridor;
                    (B) in establishing and maintaining interpretive 
                exhibits in the corridor;
                    (C) in developing recreational opportunities in the 
                area;
                    (D) in increasing public awareness of and 
                appreciation for the natural, historical, and cultural 
                resources of the corridor;
                    (E) in the restoration of historic buildings that 
                are located within the boundaries of the corridor and 
                relate to the themes of the corridor; and
                    (F) in ensuring that clear, consistent, and 
                environmentally appropriate signs identifying access 
                points and sites of interest are put in place 
                throughout the corridor; and
            (2) consistent with the goals of the management plan, 
        encouraging economic viability in the affected communities by 
        appropriate means.
    (c) Consideration of Interests of Local Groups.--The management 
entity shall, in preparing and implementing the management plan for the 
corridor, consider the interest of diverse units of government, 
businesses, private property owners, and nonprofit groups within the 
geographic area.
    (d) Public Meetings.--The management entity shall conduct public 
meetings at least quarterly regarding the implementation of the 
Corridor Management Plan.
    (e) Annual Reports.--The management entity shall, for any fiscal 
year in which it receives Federal funds under this Act or in which a 
loan made by the entity with Federal funds under section 8(d)(1) is 
outstanding, submit an annual report to the Secretary setting forth its 
accomplishments, its expenses and income, and the entities to which it 
made any loans and grants during the year for which the report is made.
    (f) Cooperation With Audits.--The management entity shall, for any 
fiscal year in which it receives Federal funds under this Act or in 
which a loan made by the entity with Federal funds under section 
8(d)(1) is outstanding, make available for audit by the Congress, the 
Secretary, and appropriate units of government all records and other 
information pertaining to the expenditure of such funds and any 
matching funds, and require, for all agreements authorizing expenditure 
of Federal funds by other organizations, that the receiving 
organizations make available for such audit all records and other 
information pertaining to the expenditure of such funds.

SEC. 10. WITHDRAWAL OF DESIGNATION.

    (a) In General.--The National Heritage Corridor designation shall 
continue unless--
            (1) the Secretary determines that--
                    (A) the use, condition, or development of the 
                corridor is incompatible with the purpose of this Act; 
                or
                    (B) the management entity of the corridor has not 
                made reasonable and appropriate progress in preparing 
                or implementing the management plan for the corridor; 
                and
            (2) after making a determination referred to in paragraph 
        (1), the Secretary submits to the Congress notification that 
        the corridor designation should be withdrawn.
    (b) Public Hearing.--Before the Secretary makes a determination 
referred to in subsection (a)(1) regarding the corridor, the Secretary 
or a designee shall hold a public hearing within the area.
    (c) Time of Withdrawal of Designation.--
            (1) In general.--The withdrawal of the corridor designation 
        of the corridor shall become final 90 legislative days after 
        the Secretary submits to the Congress the notification referred 
        to in subsection (a)(2) regarding the corridor.
            (2) Legislative day.--For purposes of this subsection, the 
        term ``legislative day'' means any calendar day on which both 
        Houses of the Congress are in session.

SEC. 11. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Duties and Authorities of the Secretary.--
            (1) Technical assistance.--
                    (A) In general.--The Secretary may provide 
                technical assistance to units of government, nonprofit 
                organizations, and other persons, upon request of the 
                management entity of
                 the corridor, regarding the management plan and its 
implementation.
                    (B) Prohibition of certain requirements.--The 
                Secretary may not, as a condition of the award of 
                technical assistance under this section, require any 
                recipient of such technical assistance to enact or 
                modify land use restrictions.
                    (C) Determinations regarding assistance.--The 
                Secretary shall decide if the corridor shall be awarded 
                technical assistance and the amount of that assistance. 
                Such decisions shall be based on the relative degree to 
                which the corridor effectively fulfills the objectives 
                contained in the Corridor Management Plan and achieves 
                the purposes of this Act. Such decisions shall give 
                consideration to projects which provide a greater 
                leverage of Federal funds.
            (2) Provision of information.--In cooperation with other 
        Federal agencies, the Secretary shall provide the general 
        public with information regarding the location and character of 
        the corridor.
            (3) Other assistance.--Upon request, the Superintendent of 
        Cuyahoga Valley National Recreation Area may provide to public 
        and private organizations within the corridor (including the 
        management entity for the corridor) such operational assistance 
        as appropriate to support the implementation of the Corridor 
        Management Plan, subject to the availability of appropriated 
        funds. The Secretary is authorized to enter into cooperative 
        agreements with public and private organizations for the 
        purposes of implementing this paragraph.
    (b) Duties of Other Federal Agencies.--Any Federal entity 
conducting any activity directly affecting the corridor shall consider 
the potential effect of the activity on the Corridor Management Plan 
and shall consult with the management entity of the corridor with 
respect to the activity to minimize the adverse effects of the activity 
on the corridor.

SEC. 12. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.

    (a) Lack of Effect on Authority of Governments.--Nothing in this 
Act shall be construed to modify, enlarge, or diminish any authority of 
Federal, State, or local governments to regulate any use of land as 
provided for by law or regulation.
    (b) Lack of Zoning or Land Use Powers.--Nothing in this Act shall 
be construed to grant powers of zoning or land use control to the 
Advisory Commission or management entity of the corridor.
    (c) Local Authority and Private Property Not Affected.--Nothing in 
this Act shall be construed to affect or to authorize the Advisory 
Commission to interfere with--
            (1) the rights of any person with respect to private 
        property; or
            (2) any local zoning ordinance or land use plan of the 
        State of Ohio or a political subdivision thereof.

SEC. 13. FISHING, TRAPPING, AND HUNTING SAVINGS CLAUSE.

    (a) No Diminishment of State Authority.--The designation of the 
corridor shall not diminish the authority of the State to manage fish 
and wildlife, including the regulation of fishing and hunting, and 
trapping within the corridor.
    (b) No Conditioning of Approval and Assistance.--The Secretary may 
not make limitations on fishing, hunting, or trapping a condition of 
the determination of eligibility for assistance under this Act, and 
neither the Secretary nor any other Federal agency may make such 
limitations a condition for the receipt, in connection with the 
corridor, of any other form of assistance from the Secretary or such 
agencies.

SEC. 14. COST SHARE.

    (a) Operating Costs.--The Federal contribution under this Act to 
the management entity for operations expenditures shall not exceed 50 
percent of the annual operating costs of the entity attributed to 
preparation and implementation of the Corridor Management Plan. The 
non-Federal share of such support may be in the form of cash, services, 
or in-kind contributions, fairly valued.
    (b) Development Costs.--The Federal contribution under this Act to 
the management entity to implement the Corridor Management Plan shall 
not exceed 30 percent of the annual development costs attributable to 
the implementation of the Corridor Management Plan. The non-Federal 
share of such support may be in the form of cash, services, or in-kind 
contributions, fairly valued.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
management entity the following:
            (1) Operating costs.--$250,000 annually for three years, 
        for the operating costs of the management entity to carry out 
        duties pursuant to section 9 of this Act, which amount shall 
        remain available until expended.
            (2) Development costs.--$1,500,000 annually for six years, 
        for planning, design, construction, grants, and loans to 
        implement the approved Corridor Management Plan, which amount 
        shall remain available until expended.
    (b) Availability of Moneys Prior to Secretarial Approval of 
Management Plan.--Moneys may be spent prior to Secretarial approval of 
the Corridor Management Plan for early actions that are important to 
the themes of the area and that protect resources that would be in 
imminent danger of irreversible damage without such early actions.
                                 <all>
HR 2186 IH----2
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