II 

113TH CONGRESS 

1ST SESSION S. 1641 

To establish the Appalachian Forest National Heritage Area, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2013 

Mr. ROCKEFELLER (for himself, Mr. MANCHIN, Mr. CARDIN, and Ms. MIKULSKI) introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

A BILL 

To establish the Appalachian Forest National Heritage Area, 

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; TABLE OF CONTENTS. 

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

5 ‘‘West Virginia National Heritage Area Act of 2013’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—APPALACHIAN FOREST NATIONAL HERITAGE AREA 

Sec. 101. Findings; purposes. 

Sec. 102. Definitions. 


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Sec. 103. Appalachian Forest National Heritage Area. 

Sec. 104. Management plan. 

Sec. 105. Authorities, duties, and prohibition of the local coordinating entity. 

Sec. 106. Authorities and duties of the Secretary. 

Sec. 107. Relationship to other Federal agencies. 

Sec. 108. Property owners and regulatory protections. 

Sec. 109. Evaluation. 

Sec. 110. Funding. 

Sec. 111. Termination of authority. 

TITLE II—HERITAGE AREA EXTENSIONS 

Sec. 201. Extension of the National Coal Heritage Area. 

Sec. 202. Extension of the Wheeling National Heritage Area. 

1 TITLE I—APPALACHIAN FOREST 

2 NATIONAL HERITAGE AREA 

3 SEC. 101. FINDINGS; PURPOSES. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) the Heritage Area— 

6 (A) is comprised of 18 counties that are lo7 cated in West Virginia and western Maryland; 

8 and 

9 (B) taken as a whole— 

10 (i) possesses exceptional cultural, nat11 ural, and historical resources that form a 

12 cohesive and nationally distinctive land13 scape; 

14 (ii) demonstrates landscapes that 

15 arose from patterns of human activity that 

16 were shaped by the geography of the for17 ested central Appalachian Mountains; and 

18 (iii) reflects both modern and histor19 ical uses by citizens who continue to affect, 


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1 and be affected by, the landscape of the 

2 forest; 

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

4 conserving, restoring, promoting, and interpreting 

5 the benefits of the Heritage Area for— 

6 (A) the residents of the Heritage Area; 

7 and 

8 (B) visitors to the Heritage Area; 

9 (3) nationally significant historical and cultural 

10 resources located in the Heritage Area form a 

11 unique aspect of the heritage of the United States; 

12 (4) with respect to the economic development of 

13 the United States— 

14 (A) the timber harvesting activities in the 

15 region helped fuel late 19th century and early 

16 20th century industrial growth throughout the 

17 United States; and 

18 (B) prominent industrialists of the region 

19 were also active in the national economy; 

20 (5) workers who participated in the timber 

21 boom of the region brought a blending of cultures of 

22 European and African-American immigrants; 

23 (6) the growth of each community located in 

24 the region was impacted by the forested central Ap25 palachian Mountains; 


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1 (7) the rich culture of central Appalachia— 

2 (A) includes folklife, music, dance, crafts, 

3 and other culturally rich traditions; and 

4 (B) is inextricably tied to the forest land 

5 of the region; 

6 (8) significant historical and cultural sites and 

7 resources located in the Heritage Area include— 

8 (A) historic sites from the logging era (in9 cluding the intact logging company town that is 

10 located at the Cass Scenic Railroad State 

11 Park); 

12 (B) historic sites that evidence conserva13 tion efforts (including structures constructed by 

14 the Civilian Conservation Corps); 

15 (C) 5 national historic landmarks; and 

16 (D) segments of 4 National Scenic Byways 

17 and 1 All-American Road; 

18 (9) nationally significant natural and physical 

19 resources in the Heritage Area include spectacular 

20 natural, scenic, and recreational resources, featuring 

21 the core of the central hardwood forest of the United 

22 States, which— 

23 (A) as a result of sound forest manage24 ment and protection of public land, grew from 

25 the original cutting of the forest; and 


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1 (B) includes— 

2 (i) the remnants of old growth forests; 

3 (ii) protected wilderness areas; 

4 (iii) 14 national natural landmarks; 

5 (iv) Federal and State forest lands 

6 that were created to foster the regrowth of 

7 the forests of the United States, including 

8 the Monongahela National Forest, and 9 

9 State forests; 

10 (v) experimental forests that dem11 onstrate the evolution of forestry manage12 ment; 

13 (vi) forests managed by public and 

14 private entities; and 

15 (vii) a dynamic forest industry com16 prised of mills that demonstrate the ongo17 ing importance of the forest land and for18 est products to the region; 

19 (10) local public and private partnerships that 

20 are based on the visions of the community and re21 gion are working together to promote the steward22 ship, enhancement, and interpretation of the re23 sources of the Heritage Area; 

24 (11) to promote the goals described in para25 graph (10), local residents, organizations, and govVerDate Mar 15 2010 02:39 Nov 05, 2013 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1641.IS S1641

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1 ernments support the establishment of a national 

2 heritage area; and 

3 (12) involvement by the Federal Government 

4 would enhance the efforts to promote the cultural, 

5 natural, historical, and recreational resources of the 

6 region that have been made by— 

7 (A) the States of West Virginia and Mary8 land; 

9 (B) political subdivisions of the States of 

10 West Virginia and Maryland; 

11 (C) volunteer organizations; and 

12 (D) private businesses. 

13 (b) PURPOSES.—The purposes of this title are— 

14 (1) to provide a cooperative management frame15 work to the States of West Virginia and Maryland, 

16 the political subdivisions of those States, and the 

17 citizens of those States to conserve, enhance, and in18 terpret the significant features of the forest, land, 

19 water, and structures of the Heritage Area; and 

20 (2) to foster a close working relationship with 

21 all levels of government, the private sector, and the 

22 local communities of the region to enable those com23 munities— 

24 (A) to conserve the heritage of those com25 munities; and 


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1 (B) to continue to pursue economic oppor2 tunities for those communities. 

3 SEC. 102. DEFINITIONS. 

4 In this title: 

5 (1) HERITAGE AREA.—The term ‘‘Heritage 

6 Area’’ means the Appalachian Forest National Her7 itage Area established by section 103(a). 

8 (2) LOCAL COORDINATING ENTITY.—The term 

9 ‘‘local coordinating entity’’ means the management 

10 entity for the Heritage Area designated by section 

11 103(d)(1). 

12 (3) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means the management plan for the 

14 Heritage Area developed under section 104(a). 

15 (4) MAP.—The term ‘‘map’’ means the map en16 titled ‘‘Appalachian Forest National Heritage Area’’, 

17 numbered T07/80,000, and dated October 2007. 

18 (5) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 (6) STATE.—The term ‘‘State’’ means each of 

21 the States of— 

22 (A) Maryland; and 

23 (B) West Virginia. 


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1 SEC. 103. APPALACHIAN FOREST NATIONAL HERITAGE 

2 AREA. 

3 (a) ESTABLISHMENT.—There is established the Ap4 palachian Forest National Heritage Area. 

5 (b) BOUNDARIES.—The Heritage Area shall in6 clude— 

7 (1) the Barbour, Braxton, Grant, Greenbrier, 

8 Hampshire, Hardy, Mineral, Morgan, Nicholas, Pen9 dleton, Pocahontas, Preston, Randolph, Tucker, 

10 Upshur, and Webster Counties of the State of West 

11 Virginia; and 

12 (2) the Allegany and Garrett Counties of the 

13 State of Maryland. 

14 (c) AVAILABILITY OF MAP.—A map of the Heritage 

15 Area shall be on file and available for public inspection 

16 in the appropriate offices of— 

17 (1) the National Park Service; and 

18 (2) the local coordinating entity. 

19 (d) LOCAL COORDINATING ENTITY.—The Appa20 lachian Forest Heritage Area, Inc., shall— 

21 (1) serve as the local coordinating entity for the 

22 Heritage Area; and 

23 (2) oversee the development of a management 

24 plan under section 104(a). 


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1 SEC. 104. MANAGEMENT PLAN. 

2 (a) IN GENERAL.—Not later than 3 years after the 

3 date on which funds are first made available to carry out 

4 this title, the local coordinating entity shall develop and 

5 submit to the Secretary for approval a management plan 

6 for the Heritage Area. 

7 (b) REQUIREMENTS.—The management plan shall— 

8 (1) present comprehensive policies, goals, strat9 egies, and recommendations for— 

10 (A) presenting to the citizens of the United 

11 States the heritage of the region; and 

12 (B) encouraging the long-term resource 

13 protection, enhancement, interpretation, fund14 ing, management, and development of the Her15 itage Area; 

16 (2) take into consideration and coordinate Fed17 eral, State, and local plans to present a unified his18 toric preservation and interpretation plan; 

19 (3) involve residents, public agencies, and pri20 vate organizations of the Heritage Area; 

21 (4) describe actions that units of government, 

22 private organizations, and citizens recommend for 

23 the protection, enhancement, interpretation, funding, 

24 management, and development of the resources of 

25 the Heritage Area; 

26 (5) identify— 


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1 (A) existing and potential sources of Fed2 eral and non-Federal funding for the protection, 

3 enhancement, interpretation, funding, manage4 ment, and development of the resources of the 

5 Heritage Area; and 

6 (B) economic development strategies for 

7 the protection, enhancement, interpretation, 

8 funding, management, and development of the 

9 resources of the Heritage Area; 

10 (6) include— 

11 (A) an inventory of the cultural, natural, 

12 historical, educational, scenic, and recreational 

13 resources contained in the Heritage Area, in14 cluding a list of property that— 

15 (i) is related to the themes of the 

16 Heritage Area; and 

17 (ii) should be protected, enhanced, 

18 managed, or developed; 

19 (B) a recommendation of policies and 

20 strategies for resource management and protec21 tion, including the development of intergovern22 mental cooperative agreements to manage and 

23 protect the cultural, natural, historical, edu24 cational, scenic, and recreational resources of 

25 the Heritage Area; 


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1 (C) a program of strategies and actions to 

2 implement the management plan that in3 cludes— 

4 (i) performance goals; 

5 (ii) resource protection plans; 

6 (iii) enhancement strategies; 

7 (iv) interpretation strategies; and 

8 (v) specific commitments for imple9 mentation that have been made by the 

10 local coordinating entity or any govern11 ment, organization, business, or individual; 

12 (D) an analysis of, and recommendations 

13 for, means by which Federal, State, and local 

14 programs may best be coordinated to further 

15 the purposes of this title, including an analysis 

16 of the role of the National Park Service and 

17 other Federal agencies associated with the Her18 itage Area; 

19 (E) a business plan that— 

20 (i) describes the role, operation, fi21 nancing, and functions of— 

22 (I) the local coordinating entity; 

23 and 

24 (II) each of the major activities 

25 included in the management plan; and 


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1 (ii) provides adequate assurances that 

2 the local coordinating entity has the part3 nerships and financial and other resources 

4 necessary to implement the management 

5 plan; and 

6 (F) an interpretive plan for the Heritage 

7 Area; and 

8 (7) list any revisions to the boundaries of the 

9 Heritage Area proposed by the local coordinating en10 tity and requested by the affected local government. 

11 (c) DEADLINE; TERMINATION OF FUNDING.— 

12 (1) DEADLINE.—Not later than 3 years after 

13 the date on which funds are made available under 

14 section 110(a), the local coordinating entity shall 

15 submit the management plan to the Secretary for 

16 approval. 

17 (2) TERMINATION OF FUNDING.—If the man18 agement plan is not submitted to the Secretary in 

19 accordance with this section, the Secretary shall not 

20 provide to the local coordinating entity any addi21 tional financial assistance under this title until the 

22 management plan is submitted to and approved by 

23 the Secretary under subsection (d)(1). 

24 (d) APPROVAL OF MANAGEMENT PLAN.— 


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1 (1) REVIEW.—Not later than 180 days after 

2 the date of receipt of the management plan under 

3 subsection (c)(1), the Secretary shall review and ap4 prove or disapprove the management plan. 

5 (2) CRITERIA.—In determining whether to ap6 prove the management plan, the Secretary shall con7 sider whether— 

8 (A) the management plan meets all re9 quirements identified in subsection (b); and 

10 (B) the local coordinating entity has af11 forded adequate opportunity, including public 

12 hearings, for public and governmental involve13 ment in the preparation of the management 

14 plan. 

15 (e) ACTION FOLLOWING DISAPPROVAL.—If the Sec16 retary disapproves the management plan under subsection 

17 (d)(1), the Secretary shall— 

18 (1) advise the local coordinating entity in writ19 ing of the reasons for the disapproval; 

20 (2) make recommendations for revisions to the 

21 management plan; and 

22 (3) not later than 180 days after the date of re23 ceipt of a proposed revision to the management plan, 

24 approve or disapprove the proposed revision. 

25 (f) AMENDMENTS.— 


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1 (1) IN GENERAL.—The Secretary shall review 

2 and approve or disapprove each amendment to the 

3 management plan that the Secretary determines may 

4 substantially alter the purposes of the Heritage 

5 Area. 

6 (2) USE OF FUNDS.—Funds made available 

7 under this title shall not be expended by the local co8 ordinating entity to implement an amendment de9 scribed in paragraph (1) until the Secretary ap10 proves the amendment. 

11 (g) EFFECT OF INACTION.—If the Secretary does not 

12 approve or disapprove a management plan, revision, or 

13 change within 180 days after it is submitted to the Sec14 retary, then the management plan, revision, or change 

15 shall be deemed to have been approved by the Secretary. 

16 SEC. 105. AUTHORITIES, DUTIES, AND PROHIBITION OF THE 

17 LOCAL COORDINATING ENTITY. 

18 (a) AUTHORITIES.—To prepare and carry out the 

19 management plan, the local coordinating entity may use 

20 funds made available under this title to— 

21 (1) make grants to— 

22 (A) political jurisdictions; 

23 (B) nonprofit organizations; and 

24 (C) other parties located in the Heritage 

25 Area; 


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1 (2) enter into cooperative agreements with, or 

2 provide technical assistance to— 

3 (A) political jurisdictions; 

4 (B) nonprofit organizations; 

5 (C) Federal agencies; and 

6 (D) other interested parties; 

7 (3) hire and compensate staff who have dem8 onstrated expertise in the fields of— 

9 (A) cultural, natural, and historical re10 sources conservation; 

11 (B) economic and community development; 

12 or 

13 (C) heritage planning; 

14 (4) obtain funds from any source (including a 

15 program that has a cost-sharing requirement); 

16 (5) contract for goods or services; and 

17 (6) support activities of partners, and any other 

18 activities, that— 

19 (A) further the purposes of the Heritage 

20 Area; and 

21 (B) are consistent with the management 

22 plan approved under section 104(d)(1). 

23 (b) DUTIES.—In addition to developing the manage24 ment plan, the local coordinating entity shall— 


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1 (1) for any fiscal year for which Federal funds 

2 have been received by the local coordinating entity 

3 under this title— 

4 (A) submit an annual report to the Sec5 retary that describes— 

6 (i) the specific performance goals and 

7 accomplishments of the local coordinating 

8 entity; 

9 (ii) the expenses and income of the 

10 local coordinating entity; 

11 (iii) the amounts and sources of 

12 matching funds; 

13 (iv) the amounts leveraged with Fed14 eral funds and the sources of the 

15 leveraging; and 

16 (v) any grants made to any other enti17 ties during the fiscal year; and 

18 (B) make available for audit by Congress, 

19 the Secretary, and appropriate units of govern20 ment, all records pertaining to the expenditure 

21 of the funds and any matching funds; and 

22 (2) encourage, by appropriate means and con23 sistent with the purposes of the Heritage Area, the 

24 economic viability of the Heritage Area. 


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1 (c) PROHIBITION ON THE ACQUISITION OF REAL

2 PROPERTY.—The local coordinating entity shall not use 

3 Federal funds made available under this title to acquire 

4 real property or any interest in real property. 

5 SEC. 106. AUTHORITIES AND DUTIES OF THE SECRETARY. 

6 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—On 

7 request of the local coordinating entity, the Secretary may 

8 provide technical and financial assistance, on a reimburs9 able or nonreimbursable basis, to the local coordinating 

10 entity for— 

11 (1) the development and implementation of the 

12 management plan; and 

13 (2) other initiatives of the local coordinating en14 tity. 

15 (b) COOPERATIVE AGREEMENTS.— 

16 (1) IN GENERAL.—To carry out this title, the 

17 Secretary may enter into cooperative agreements 

18 with the local coordinating entity and other public 

19 and private entities to provide assistance under sub20 section (a). 

21 (2) REQUIREMENTS.—The cooperative agree22 ment under paragraph (1) shall, at a minimum— 

23 (A) establish the goals and objectives of 

24 the Heritage Area; and 

25 (B) include— 


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1 (i) a proposal relating to the conserva2 tion and interpretation of the Heritage 

3 Area; and 

4 (ii) a general outline describing each 

5 measure agreed to by the Secretary and 

6 the local coordinating entity. 

7 SEC. 107. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

8 (a) IN GENERAL.—This title shall not affect the au9 thority of any Federal official to provide technical or fi10 nancial assistance under any other law. 

11 (b) CONSULTATION AND COORDINATION.—The head 

12 of any Federal agency planning to conduct an activity that 

13 may have an impact on the Heritage Area shall, to the 

14 maximum extent practicable— 

15 (1) consult with the Secretary and the local co16 ordinating entity regarding the activity; and 

17 (2) coordinate the activity with the Secretary 

18 and the local coordinating entity. 

19 (c) EFFECT ON OTHER FEDERAL AGENCIES.—Noth20 ing in this title— 

21 (1) modifies, alters, or amends any law (includ22 ing a regulation) authorizing a Federal agency to 

23 manage Federal land under the jurisdiction of the 

24 Federal agency; 


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1 (2) limits the discretion of a Federal land man2 ager to implement an approved land use plan within 

3 the boundaries of the Heritage Area; or 

4 (3) modifies, alters, or amends any authorized 

5 use of Federal land under the jurisdiction of a Fed6 eral agency. 

7 SEC. 108. PROPERTY OWNERS AND REGULATORY PROTEC8 TIONS. 

9 Nothing in this title shall be construed to— 

10 (1) abridge the rights of any property owner, 

11 whether public or private, including the right to re12 frain from participating in any plan, project, pro13 gram, or activity conducted within the Heritage 

14 Area; 

15 (2) require any property owner to permit public 

16 access (including Federal, Tribal, State, or local gov17 ernment access) to such property or to modify any 

18 provisions of Federal, Tribal, State, or local law with 

19 regard to public access or use of private lands; 

20 (3) alter any duly adopted land use regulation 

21 or any approved land use plan or any other regu22 latory authority of any Federal, State, or local agen23 cy or Tribal government, or to convey any land use 

24 or other regulatory authority to any local coordi25 nating entity; 


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1 (4) authorize or imply the reservation or appro2 priation of water or water rights; 

3 (5) diminish the authority of the State to man4 age fish and wildlife including the regulation of fish5 ing and hunting within the Heritage Area; or 

6 (6) create any liability, or to have any effect on 

7 any liability under any other law, of any private 

8 property owner with respect to any persons injured 

9 on such private property. 

10 SEC. 109. EVALUATION. 

11 (a) IN GENERAL.—Not later than 3 years before the 

12 date on which authority for Federal funding terminates 

13 for the Heritage Area, the Secretary shall conduct an eval14 uation of the accomplishments of the Heritage Area and 

15 prepare a report with recommendations for the National 

16 Park Service’s future role, if any, with respect to the Her17 itage Area. 

18 (b) EVALUATION COMPONENTS.—An evaluation pre19 pared under subsection (a) shall— 

20 (1) assess the progress of the local coordinating 

21 entity with respect to— 

22 (A) accomplishing the purposes of the au23 thorizing legislation for the Heritage Area; and 


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1 (B) achieving the goals and objectives of 

2 the approved management plan for the Heritage 

3 Area; 

4 (2) analyze the Federal, State, local, and pri5 vate investments in the Heritage Area to determine 

6 the leverage and impact of the investments; and 

7 (3) review the management structure, partner8 ship relationships, and funding of the Heritage Area 

9 for purposes of identifying the critical components 

10 for sustainability of the Heritage Area. 

11 (c) RECOMMENDATIONS.—Based upon the evaluation 

12 under subsection (a), the Secretary shall prepare a report 

13 with recommendations for the National Park Service’s fu14 ture role, if any, with respect to the Heritage Area. 

15 (d) SUBMISSION TO CONGRESS.—On completion of a 

16 report under subsection (c), the Secretary shall submit the 

17 report to— 

18 (1) the Committee on Energy and Natural Re19 sources of the Senate; and 

20 (2) the Committee on Natural Resources of the 

21 House of Representatives. 

22 SEC. 110. FUNDING. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this title 


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1 $10,000,000, of which not more than $1,000,000 may be 

2 authorized to be appropriated for any fiscal year. 

3 (b) MATCHING FUNDS.— 

4 (1) IN GENERAL.—As a condition of receiving 

5 assistance under subsection (a), the local coordi6 nating entity shall match any amounts provided to 

7 the local coordinating entity under this title. 

8 (2) FORMS OF PAYMENT.—To meet the match9 ing requirement described in paragraph (1), the local 

10 coordinating entity shall provide to the Secretary 

11 payments that— 

12 (A) shall be derived from non-Federal 

13 sources; and 

14 (B) may be in-kind contributions of goods 

15 or services. 

16 SEC. 111. TERMINATION OF AUTHORITY. 

17 (a) IN GENERAL.—Subject to subsection (b), the au18 thority of the Secretary to provide financial assistance 

19 under this title terminates on the date that is 15 years 

20 after the date of enactment of this Act. 

21 (b) EXCEPTION.—The termination of authority of the 

22 Secretary under subsection (a) shall not effect the author23 ity of the Secretary to provide to the local coordinating 

24 entity technical assistance and administrative oversight. 


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1 TITLE II—HERITAGE AREA 

2 EXTENSIONS 

3 SEC. 201. EXTENSION OF THE NATIONAL COAL HERITAGE 

4 AREA. 

5 Section 107 of Division II of the National Coal Herit6 age Area Act of 1996 (16 U.S.C. 461 note; 110 Stat. 

7 4244) is amended by striking ‘‘2012’’ and inserting 

8 ‘‘2017’’. 

9 SEC. 202. EXTENSION OF THE WHEELING NATIONAL HERIT10 AGE AREA. 

11 Section 157(i) of the Wheeling National Heritage 

12 Area Act of 2000 (16 U.S.C. 461 note; 114 Stat. 967) 

13 is amended by striking ‘‘2015’’ and inserting ‘‘2017’’. 

Æ 


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