Calendar No. 641

103D CONGRESS

2D SESSION S. 1222

A BILL

To revise the boundaries of the Blackstone River

setts and Rhode Island, and for other purposes.Valley National Heritage Corridor in MassachuSEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported with amendments
II

Calendar No. 641

103D CONGRESS

2D SESSION S. 1222

To revise the boundaries of the Blackstone River Valley National Heritage

Corridor in Massachusetts and Rhode Island, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 14 (legislative day, JUNE 30), 1993

Mr. KENNEDY (for himself, Mr. KERRY, Mr. PELL, and Mr. CHAFEE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. JOHNSTON, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To revise the boundaries of the Blackstone River Valley

National Heritage Corridor in Massachusetts and Rhode

Island, 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.

4 This Act may be cited as the ‘‘Blackstone River

5 Valley National Heritage Corridor Amendments Act of

6 1993’’. 1994’’.
2

•S 1222 RS

1 SEC. 2. BOUNDARY CHANGES.

2 Section 2 of the Act entitled ‘‘An Act to establish the

3 Blackstone River Valley National Heritage Corridor in

4 Massachusetts and Rhode Island’’, approved November

5 10, 1986 (Public Law 99–647; 16 U.S.C. 461 note), is

6 amended by striking the first sentence and inserting the

7 following new sentence: ‘‘The boundaries shall include the

8 lands and water generally depicted on the map entitled

9 Blackstone River Valley National Heritage Corridor

10 Boundary Map, numbered BRV–80–80,011, and dated

11 May 2, 1993.’’.

12 SEC. 3. TERMS.

13 Section 3(c) of the Act entitled ‘‘An Act to establish

14 the Blackstone River Valley National Heritage Corridor

15 in Massachusetts and Rhode Island’’, approved November

16 10, 1986 (Public Law 99–647; 16 U.S.C. 461 note), is

17 amended by inserting immediately before the period at the

18 end the following: ‘‘, but may continue to serve after the

19 expiration of this term until a successor has been ap20 pointed.’’.

21 SEC. 4. REVISION OF PLAN.

22 Section 6 of the Act entitled ‘‘An Act to establish the

23 Blackstone River Valley National Heritage Corridor in

24 Massachusetts and Rhode Island’’, approved November

25 10, 1986 (Public Law 99–647; 16 U.S.C. 461 note), is
3

•S 1222 RS

1 amended by adding at the end the following new sub2 section:

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

4 after the date of enactment of this subsection, the Com5 mission, with the approval of the Secretary, shall revise

6 the Cultural Heritage and Land Management Plan. The

7 revision shall address the boundary change and shall in8 clude a natural resource inventory of areas or features

9 that should be protected, restored, managed, or acquired

10 because of their contribution to the understanding of na11 tional cultural landscape values.

12 ‘‘(2) No changes other than minor revisions may be

13 made in the approved plan as amended without the ap14 proval of the Secretary. The Secretary shall approve or

15 disapprove any proposed change in the plan, except minor

16 revisions, in accordance with subsection (b).’’.

17 SEC. 5. EXTENSION OF COMMISSION.

18 Section 7 of the Act entitled ‘‘An Act to establish the

19 Blackstone River Valley National Heritage Corridor in

20 Massachusetts and Rhode Island’’, approved November

21 10, 1986 (Public Law 99–647; 16 U.S.C. 461 note), is

22 amended to read as follows:

23 ‘‘TERMINATION OF COMMISSION

24 ‘‘SEC. 7. (a) TERMINATION.—Except as provided in

25 subsection (b), the Commission shall terminate on the date

26 that is 10 years after the date of enactment of the Black-
4

•S 1222 RS

1 stone River Valley National Heritage Corridor Amend2 ments Act of 1993. 1994.

3 ‘‘(b) EXTENSION.—The Commission may be extended

4 for additional terms of consecutive 10-year periods an ad5 ditional term of 10 years if—

6 ‘‘(1) not later than 180 days before the termi7 nation of the Commission, the Commission deter8 mines that an extension is necessary to carry out

9 this Act;

10 ‘‘(2) the Commission submits a proposed exten11 sion to the appropriate committees of the Senate

12 and the House of Representatives; and

13 ‘‘(3) the Secretary, the Governor of Massachu14 setts, and the Governor of Rhode Island each ap15 prove the extension.

16 ‘‘(c) DETERMINATION OF APPROVAL.—The Secretary

17 shall approve the extension if the Secretary finds that—

18 ‘‘(1) the Governor of Massachusetts and the

19 Governor of Rhode Island provide adequate assur20 ances of continued tangible contribution and effec21 tive policy support toward achieving the purposes of

22 this Act; and

23 ‘‘(2) the Commission is effectively assisting

24 Federal, State, and local authorities to retain, en-
5

•S 1222 RS

1 hance, and interpret the distinctive character and

2 nationally significant resources of the Corridor.’’.

3 SEC. 6. IMPLEMENTATION OF THE PLAN.

4 Subsection (c) of section 8 of the Act entitled ‘‘An

5 Act to establish the Blackstone River Valley National Her6 itage Corridor in Massachusetts and Rhode Island’’, ap7 proved November 10, 1986 (Public Law 99–647; 16

8 U.S.C. 461 note), is amended to read as follows: U.S.C.

9 461 note), as amended, is amended by inserting the follow10 ing:

11 ‘‘(c) IMPLEMENTATION.—(1) To assist in the imple12 mentation of the Cultural Heritage and Land Manage13 ment Plan in a manner that is consistent with the pur14 poses of this Act and for the preservation and restoration

15 of structures on or eligible for inclusion on the National

16 Register of Historic Places, the Secretary is authorized to

17 provide funds for projects in the Corridor that exhibit na18 tional significance or provide a wide spectrum of historic,

19 recreational, environmental, educational, or interpretive

20 opportunities, without regard to whether the projects are

21 in public or private ownership.

22 ‘‘(c) IMPLEMENTATION.—(1) To assist in the imple23 mentation of the Cultural Heritage and Land Management

24 Plan in a manner consistent with purposes of this Act, the

25 Secretary is authorized to undertake a limited program of
6

•S 1222 RS

1 financial assistance for the purpose of providing funds for

2 the preservation and restoration of structures on or eligible

3 for inclusion on the National Register of Historic Places

4 within the Corridor which exhibit national significance or

5 provide a wide spectrum of historic, recreational, or envi6 ronmental education opportunities to the general public.

7 ‘‘(2) To be eligible for funds under this section, the

8 Commission shall submit an application to the Secretary

9 that includes—

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

11 those resource protection needs and projects critical

12 to maintaining or interpreting the distinctive char13 acter of the Corridor; and

14 ‘‘(B) specific descriptions of annual work pro15 grams that have been assembled, the participating

16 parties, roles, cost estimates, cost-sharing, or cooper17 ative agreements necessary to carry out the develop18 ment plan.

19 ‘‘(3) Funds made available pursuant to this sub20 section shall not exceed 50 percent of the total cost of the

21 work programs.

22 ‘‘(4) In making the funds available, the Secretary

23 shall give priority to projects that attract greater non-Fed24 eral funding sources.
7

•S 1222 RS

1 ‘‘(5) Any payment made for the purposes of conserva2 tion or restoration of real property or structures shall be

3 subject to an agreement either—

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

5 easement to the Department of Environmental Man6 agement or to the Historic Preservation Commis7 sion, as appropriate, of the State in which the real

8 property or structure is located; or

9 ‘‘(B) that conversion, use, or disposal of the re10 sources so assisted for purposes contrary to the pur11 poses of this Act, as determined by the Secretary,

12 the recipient, his successors or assigns shall pay to

13 the United States the total cost of all Federal funds

14 made available to such project reduced pro rata over

15 the useful life of the improvements funded or the in16 creased value of the project attributable to the funds

17 as determined at the time of the conversion, use, or

18 disposal, whichever is greater.

19 ‘‘(B) that conversion, use, or disposal of the re20 sources so assisted for purposes contrary to the pur21 poses of this Act, as determined by the Secretary,

22 shall result in a right of the United States for reim23 bursement of all funds expended upon such resources

24 or the proportion of the increased value of the re25 sources attributable to such funds as determined at
8

•S 1222 RS

1 the time of such conversion, use, or disposal, which2 ever is greater.

3 ‘‘(6) The authority to determine that a conversion,

4 use, or disposal of resources has been carried out contrary

5 to the purposes of this Act in violation of an agreement

6 entered into under paragraph (5)(A) shall be solely at the

7 discretion of the Secretary.’’.

8 SEC. 7. LOCAL AUTHORITY.

9 Section 5 of the Act entitled ‘‘An Act to establish the

10 Blackstone River Valley National Heritage Corridor in

11 Massachusetts and Rhode Island’’, approved November 10,

12 1986 (Public Law 99–647; 16 U.S.C. 461 note), is amended

13 by adding at the end the following new subsection:

14 ‘‘(j) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT

15 AFFECTED.—Nothing in this Act shall be construed to affect

16 or to authorize the Commission to interfere with—

17 ‘‘(1) the rights of any person with respect to pri18 vate property; or

19 ‘‘(2) any local zoning ordinance or land use plan

20 of the Commonwealth of Massachusetts or a political

21 subdivision of such Commonwealth.’’.

22 SEC. 7. 8. AUTHORIZATION OF APPROPRIATIONS.

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

24 the Blackstone River Valley National Heritage Corridor

25 in Massachusetts and Rhode Island’’, approved November
9

•S 1222 RS

1 10, 1986 (Public Law 99–647; 16 U.S.C. 461 note), is

2 amended— U.S.C. 461 note), as amended, is further

3 amended—

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

5 and inserting ‘‘$650,000’’; and

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

8 ‘‘(b) DEVELOPMENT FUNDS.—For fiscal years 1994,

9 1995, and 1996, 1995, 1996, and 1997, there is authorized

10 to be appropriated to carry out section 8(c), $5,000,000

11 in the aggregate, and for each fiscal year thereafter, such

12 sums as are necessary.’’ aggregate.’’.