I

103D CONGRESS

1ST SESSION H. R. 3604

To establish the Birmingham National Industrial Heritage District in the

State of Alabama, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 21, 1993

Mr. HILLIARD introduced the following bill; which was referred to the

Committee on Natural Resources

A BILL

To establish the Birmingham National Industrial Heritage

District in the State of Alabama, 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 ‘‘Birmingham National

5 Industrial Heritage District Act of 1993’’.

6 SEC. 2. FINDINGS; PURPOSE.

7 (a) FINDINGS.—The Congress makes the following

8 findings:

9 (1) Within the Birmingham District an abun10 dance of natural and mineral resources, waterways,
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1 forges, furnaces, foundries, mills, mines, and rail2 roads, active and inactive, symbolize in physical form

3 the evolution from small scale industries to inte4 grated mines, iron and steel mill operations, and

5 from a work force of slaves, through an extensive pe6 riod when industry relied upon a convict labor force,

7 to capital intensive labor-saving facilities and re8 duced industrial employment.

9 (2) The sites referred to in paragraph (1) in10 clude Sloss Furnaces National Historic Landmark

11 and Red Mountain Cut National Natural Landmark

12 and have been found by the Secretary of the Interior

13 to have substantial potential to preserve and inter14 pret vestiges of the iron and steel industry in the

15 southern United States.

16 (3) Despite efforts by the State, political sub17 divisions of the State, volunteer associations, and

18 private business, the cultural, historical, natural,

19 and recreational resources of the District have not

20 realized full potential social value and may be lost

21 without assistance from the Federal Government.

22 (b) PURPOSE.—It is the purpose of this Act to—

23 (1) preserve and interpret, for the education

24 and inspirational benefit of present and future gen25 erations, the unique and significant contributions to
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1 our national heritage of certain natural, historical,

2 cultural, and recreational resources within the Bir3 mingham District in the counties of Walker, Tusca4 loosa, Shelby, Jefferson, and Bibb in the State of

5 Alabama; and

6 (2) provide a management framework to assist

7 the District and units of local government and re8 gional planning and development agencies in the de9 velopment and implementation of integrated natural,

10 historical, cultural, and recreational resource man11 agement programs in order to retain, enhance, and

12 interpret the significant value of the land, water,

13 and other resources of the District.

14 SEC. 3. DEFINITIONS.

15 For purposes of this Act—

16 (1) the term ‘‘Commission’’ means the Bir17 mingham National Industrial Heritage District

18 Commission established by section 5;

19 (2) the term ‘‘District’’ or ‘‘Birmingham Dis20 trict’’ means the Birmingham National Industrial

21 Heritage District established by section 4;

22 (3) the term ‘‘Plan’’ means the heritage man23 agement plan prepared pursuant to section 8 and

24 approved by the Secretary;
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1 (4) the term ‘‘affected political subdivision of

2 the State’’ means any political subdivision of the

3 State of Alabama, any part of which is located in,

4 adjacent to, or proximate to the District, including

5 counties, cities, and towns;

6 (5) the term ‘‘Secretary’’ means the Secretary

7 of the Interior; and

8 (6) the term ‘‘State’’ means the State of Ala9 bama.

10 SEC. 4. ESTABLISHMENT, BOUNDARIES, AND ADMINISTRA11 TION OF DISTRICT.

12 (a) ESTABLISHMENT.—To carry out the purpose of

13 this Act, there is hereby established the Birmingham Na14 tional Industrial Heritage District.

15 (b) BOUNDARIES.—(1) The District shall consist of

16 Walker, Tuscaloosa, Shelby, Jefferson and Bibb Counties

17 in the State of Alabama.

18 (2) Upon a request of the Commission signed by not

19 less than 7 members of the Commission, the Secretary

20 may make revisions in the boundaries of the District. Any

21 such revision shall take effect upon publication by the Sec22 retary in the Federal Register of a revised boundary de23 scription or map.

24 (c) ADMINISTRATION.—The District shall be admin25 istered in accordance with this Act.
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1 SEC. 5. ESTABLISHMENT OF BIRMINGHAM NATIONAL IN2 DUSTRIAL HERITAGE DISTRICT COMMISSION.

3 (a) ESTABLISHMENT.—There is established a com4 mission to be known as the Birmingham National Indus5 trial Heritage District Commission.

6 (b) MEMBERSHIP.—(1) The Commission shall be

7 composed of 14 members as follows:

8 (A) The Chief, Historic American Building Sur9 vey/Historic American Engineering Record of the

10 National Park Service, ex officio, or such other per11 son as the Secretary shall delegate.

12 (B) An individual associated with the Sloss

13 Furnaces National Historic Landmark who shall be

14 nominated by the Mayor of the City of Birmingham

15 and appointed by the Secretary.

16 (C) An individual associated with Red Mountain

17 Cut National Natural Landmark who shall be nomi18 nated by the Mayor of the City of Birmingham and

19 appointed by the Secretary.

20 (D) A representative of a local historical organi21 zation active in researching and interpreting indus22 trial history who shall be nominated by the Commis23 sion of Jefferson County, Alabama, and appointed

24 by the Secretary.

25 (E) An individual associated with the iron,

26 steel, coke or cast iron industry who shall be nomi-
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1 nated by the Commission of Jefferson County, Ala2 bama, and appointed by the Secretary.

3 (F) An individual associated with Tannehill

4 State Historic Park who shall be nominated by the

5 Governor of the State and appointed by the Sec6 retary.

7 (G) An individual associated with the Alabama

8 Mining Museum who shall be nominated by the

9 Commission of Walker County, Alabama, and ap10 pointed by the Secretary.

11 (H) An individual associated with the mining

12 industry who shall be nominated by the Commission

13 of Walker County, Alabama, and appointed by the

14 Secretary.

15 (I) An individual associated with the Alabama

16 Museum of Natural History who shall be nominated

17 by the President of the University of Alabama, Tus18 caloosa, Alabama, and appointed by the Secretary.

19 (J) An individual associated with a local histori20 cal organization active in researching and interpret21 ing industrial history who shall be nominated by the

22 Commission of Tuscaloosa County, Alabama, and

23 appointed by the Secretary.

24 (K) An individual associated with a local histor25 ical organization active in researching and interpret-
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1 ing industrial history who shall be nominated by the

2 Commission of Shelby County, Alabama, and ap3 pointed by the Secretary.

4 (L) An individual associated with a local histor5 ical organization active in researching and interpret6 ing industrial history who shall be nominated by the

7 Commission of Bibb County, Alabama, and ap8 pointed by the Secretary.

9 (M) An individual with urban planning and her10 itage tourism expertise who shall be nominated by

11 the Birmingham Regional Planning Commission and

12 appointed by the Secretary.

13 (N) An individual active in historic preservation

14 in the State who shall be nominated by the Alabama

15 Historical Commission and appointed by the Sec16 retary.

17 (2) The Secretary shall reject the nomination of any

18 individual upon a finding that the individual does not meet

19 the qualifications for nomination and appointment as stat20 ed in paragraph (1), whereupon the appropriate nominat21 ing authority shall submit a new nomination within 30

22 days of such rejection. If a nominating authority fails to

23 make a timely nomination, the Secretary shall appoint a

24 person meeting as nearly as practicable the stated quali25 fications for nomination and appointment.
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1 (3) A vacancy on the Commission shall be filled in

2 the manner in which the original appointment was made.

3 (c) TERMS.—(1) Except as provided in paragraphs

4 (2), (3), and (4) members of the Commission shall be ap5 pointed for terms of three years.

6 (2) Of the members of the Commission first ap7 pointed under subsection (b)(1)(B) through (N)—

8 (A) four shall be appointed for terms of one

9 year;

10 (B) four shall be appointed for terms of two

11 years; and

12 (C) five shall be appointed for terms of three

13 years,

14 as designated by the Secretary at the time of appointment.

15 (3) The member appointed under subsection

16 (b)(1)(A) shall serve at the pleasure of the Secretary.

17 (4) Any member of the Commission appointed to fill

18 a vacancy occurring before the expiration of a term for

19 which the member’s predecessor was appointed shall be

20 appointed only for the remainder of such term. A member

21 of the Commission may serve after the expiration of the

22 member’s term until the member’s successor has taken of23 fice.

24 (d) COMPENSATION.—Members of the Commission

25 shall receive no pay on account of their service on the
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1 Commission, but while away from their homes or regular

2 places of business in the performance of services for the

3 Commission, members of the Commission shall be allowed

4 travel expenses, including per diem in lieu of subsistence,

5 in accordance with sections 5702 and 5703 of title 5,

6 United States Code.

7 (e) CHAIRPERSON.—(1) The chairperson of the Com8 mission shall be elected by the members of the Commis9 sion from among members appointed under subsection

10 (b)(1)(B) through (N).

11 (2)(A) Except as provided in subparagraph (B), the

12 term of the chairperson shall be two years.

13 (B) If a member is appointed to a term on the Com14 mission which is less than two years and is elected chair15 person of the Commission, then such member’s term as

16 chairperson shall expire at the end of such member’s term

17 on the Commission.

18 (f) QUORUM.—(1) Eight members of the Commission

19 shall constitute a quorum, but a lesser number may hold

20 hearings.

21 (2) Any member of the Commission may vote by

22 means of a signed proxy exercised by another member of

23 the Commission, but any member so voting shall not be

24 considered present for purposes of establishing a quorum.
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1 (3) The affirmative vote of not less than eight mem2 bers of the Commission shall be required to approve the

3 budget of the Commission.

4 (g) MEETINGS.—The Commission shall meet at least

5 quarterly at the call of the chairperson or seven of its

6 members. Meetings of the Commission shall be subject to

7 section 552b of title 5, United States Code (relating to

8 open meetings).

9 SEC. 6. STAFF OF COMMISSION.

10 (a) DIRECTOR AND STAFF.—(1) The Commission

11 shall have the power to appoint and fix compensation of

12 a Director and such staff as may be necessary to carry

13 out its duties.

14 (2) Such staff may include specialists in areas such

15 as interpretation, history, historic preservation, recreation,

16 conservation, archaeology, revitalization, public manage17 ment, and fundraising.

18 (3) Except as otherwise provided in this subsection,

19 such Director and staff—

20 (A) shall be appointed subject to the provisions

21 of title 5, United States Code, governing appoint22 ments in the competitive service; and

23 (B) shall be paid in accordance with the provi24 sions of chapter 51 and subchapter III of chapter 53
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1 of such title relating to classification and General

2 Schedule pay rates.

3 (b) EXPERTS AND CONSULTANTS.—Subject to such

4 rules as may be adopted by the Commission, the Commis5 sion may procure temporary and intermittent services to

6 the same extent as is authorized by section 3109(b) of title

7 5, United States Code, but at rates determined by the

8 Commission to be reasonable.

9 (c) STAFF OF OTHER AGENCIES.—(1) Upon request

10 of the Commission, the head of any Federal agency may

11 detail, on a reimbursable basis, any of the personnel of

12 such agency to the Commission to assist the Commission

13 in carrying out any of the Commission’s duties under this

14 Act.

15 (2) The Commission may accept the services of per16 sonnel detailed from the State of Alabama or any affected

17 political subdivision of the State and may reimburse the

18 State or such political subdivision for such services.

19 SEC. 7. POWERS OF COMMISSION.

20 (a) HEARINGS.—(1) The Commission may, for the

21 purpose of carrying out this Act, hold such hearings, sit

22 and act at such times and places, take such testimony,

23 and receive such evidence, as the Commission considers

24 appropriate.
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1 (2) The Commission may not issue subpoenas or ex2 ercise any subpoena authority.

3 (b) POWERS OF MEMBERS AND AGENTS.—Any mem4 ber or agent of the Commission, if so authorized by the

5 Commission, may take any action which the Commission

6 is authorized to take by this Act.

7 (c) ADMINISTRATIVE SUPPORT SERVICES.—The Ad8 ministrator of General Services shall provide to the Com9 mission, on a reimbursable basis, such administrative sup10 port services as the Commission may request.

11 (d) MAILS.—The Commission may use the United

12 States mails in the same manner and under the same con13 ditions as other departments and agencies of the United

14 States.

15 (e) USE OF APPROPRIATED AMOUNTS TO OBTAIN

16 FEDERAL FUNDING.—Notwithstanding any other provi17 sion of law, for purposes of any law conditioning the re18 ceipt of Federal funding on a non-Federal contribution,

19 any portion of the amounts appropriated pursuant to this

20 Act may, at the election of the Commission, be used as

21 such non-Federal contribution.

22 (f) GIFTS.—(1) Except as provided in subsection

23 (g)(2)(B), the Commission may, for purposes of carrying

24 out its duties, seek, accept, and dispose of gifts, bequests,
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1 or donations of money, personal property, or services, re2 ceived from any source.

3 (2) For purposes of section 170(c) of the Internal

4 Revenue Code of 1986, any gift to the Commission shall

5 be deemed to be a gift to the United States.

6 (g) ACQUISITION OF REAL PROPERTY.—(1) Except

7 as provided in paragraph (2) and except with respect to

8 any leasing of facilities, the Commission may not acquire

9 any real property or interest in real property.

10 (2) Subject to paragraph (3) of this subsection, the

11 Commission may acquire real property, or interests in real

12 property, in the District—

13 (A) by gift or devise; or

14 (B) by purchase from a willing seller.

15 (3) Any real property or interest in real property ac16 quired by the Commission under paragraph (2) shall be

17 conveyed by the Commission to an appropriate public or

18 private land managing agency with the consent of such

19 agency, as determined by the Commission. Any such con20 veyance shall be made—

21 (A) as soon as practicable after such acquisi22 tion;

23 (B) without consideration; and
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1 (C) on the condition that the real property or

2 interest in real property so conveyed is used for pub3 lic purposes, consistent with the Plan.

4 (h) ADVISORY GROUPS.—The Commission may es5 tablish such advisory groups as the Commission deems

6 necessary to ensure open communication with, and assist7 ance from, the State, political subdivisions of the State,

8 and interested persons.

9 (i) OTHER POWERS.—The Commission shall, for the

10 purpose of implementing the purposes of this Act, have

11 the following powers and such other powers as are implied

12 thereby or by any other provision of this Act—

13 (1) to sue and be sued in its own name and to

14 prosecute and defend civil actions in any court hav15 ing jurisdiction of the subject matter and of the par16 ties; to defend and to pay the expenses of defending

17 members, officers, and employees of the Commission

18 in any action arising from the business of the Com19 mission;

20 (2) to adopt and make use of a corporate seal

21 and to alter the same at pleasure;

22 (3) to adopt and alter bylaws for the regulation

23 and conduct of its affairs and business;

24 (4) to acquire, whether by purchase, exchange,

25 gift, lease, or otherwise and to refinance existing in-
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1 debtedness on, improve and maintain personal prop2 erty which the Commission deems necessary for its

3 corporate purposes;

4 (5) to contract for any period with the State or

5 any affected political subdivision of the State for use

6 by the Commission of any facilities or services of the

7 State or any such political subdivision, or by the

8 State or any such political subdivision of any facili9 ties of the Commission;

10 (6) to provide such insurance as the Commis11 sion may deem advisable;

12 (7) to make, enter into, and execute such con13 tracts, agreements, leases, and other instruments

14 and to take such other actions as may be necessary

15 or convenient to accomplish any purpose for which

16 the Commission is organized or to exercise any

17 power expressly granted hereunder;

18 (8) to make application directly or indirectly to

19 any Federal, State, or other source, public or pri20 vate, for loans, grants, guarantees, or other financial

21 assistance in furtherance of the Commission’s public

22 purpose and to accept and use the same upon such

23 terms and conditions as are prescribed by such Fed24 eral, State, or other source; and
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1 (9) to establish and maintain bank accounts

2 and invest funds temporarily pursuant to such poli3 cies as the Commission may adopt.

4 SEC. 8. HERITAGE MANAGEMENT PLAN.

5 (a) PREPARATION OF PLAN.—The Commission shall

6 prepare and submit for approval by the Secretary a herit7 age management plan consistent with the reports submit8 ted by the Birmingham Historical Society to the National

9 Park Service pursuant to Cooperative Agreement CA–

10 5000–1–9011. The plan shall include resource inventories,

11 a conceptual plan, a management plan, and implementa12 tion strategies for the District, together with stated goals,

13 objectives, and action statements, all for the purpose of

14 preserving, enhancing, and interpreting the natural, his15 torical, cultural, and recreational resources of the District.

16 The plan shall—

17 (1) provide an inventory which includes any

18 property in the District which should be preserved,

19 restored, managed, developed, maintained, or ac20 quired because of its historic or cultural significance;

21 (2) provide for the preparation of interpretive

22 presentations to tell the story of the District;

23 (3) provide for standards, criteria, and approval

24 procedures for the preservation and use of natural,
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1 cultural, and recreational resources within the Dis2 trict;

3 (4) provide for one or more visitor orientation

4 centers within the District;

5 (5) contain a coordination component which de6 tails the ways in which local, State, and Federal pro7 grams may be best coordinated to promote the pur8 poses of this Act;

9 (6) contain a program for local and State gov10 ernment implementation of the plan; and

11 (7) contain policies for land use management

12 which consider and detail the application of appro13 priate land and water management techniques in14 cluding but not limited to local zoning, use of ease15 ments and development of intergovernmental cooper16 ative agreements so as to protect the District’s cul17 tural, natural, and recreational resources.

18 (b) MODIFICATION OF PLAN.—The Commission may

19 modify the Plan if the Commission determines that such

20 modification is necessary to carry out the purpose of this

21 Act. No such modification shall take effect until—

22 (1) the State and any affected political subdivi23 sion of the State which would be affected by such

24 modification receives notice of such modification;

25 and
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1 (2) if such modification is significant (as deter2 mined by the Commission) the Commission—

3 (A) provides adequate notice (as deter4 mined by the Commission) of such modification

5 by publication in the area of the District; and

6 (B) conducts a public hearing with respect

7 to such modification.

8 (c) APPROVAL OF PLAN.—(1) No plan submitted to

9 the Secretary under this section shall be approved unless

10 the Secretary finds that the plan, if implemented, would

11 adequately protect the significant historical and cultural

12 resources of the District and consistent with such protec13 tion provide adequate and appropriate outdoor rec14 reational opportunities and economic activities within the

15 District.

16 (2) In determining whether or not to approve the

17 plan, the Secretary shall consider whether—

18 (A) the Commission has afforded adequate op19 portunity, including public hearings, for public and

20 governmental involvement in the preparation of the

21 plan; and

22 (B) that adequate assurances have been re23 ceived from appropriate State and local officials that

24 the recommended implementation program identified

25 in the plan will be initiated within a reasonable time
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1 after the date of approval of the plan and such pro2 gram will ensure implementation of State and local

3 aspects of the plan.

4 (3) If the Secretary disapproves the plan, the Com5 mission shall be advised in writing of reasons for the dis6 approval therefore and shall also be advised of any rec7 ommendations for revisions. Following completion of any

8 necessary revisions to the plan, the Secretary shall have

9 45 days to either approve or disapprove the plan.

10 (d) COOPERATIVE AGREEMENTS.—For purposes of

11 preparing or carrying out the Plan, the Commission may

12 enter into cooperative agreements with the State, with any

13 affected political subdivision of the State, or with any or14 ganization or person. Any such cooperative agreement

15 shall, at a minimum, establish procedures for providing

16 notice to the Commission of any action proposed by the

17 State, such political subdivision, or such organization or

18 person which may affect the implementation of the Plan.

19 SEC. 9. IMPLEMENTATION OF HERITAGE MANAGEMENT

20 PLAN.

21 After review and approval of the Plan by the Sec22 retary, the Commission shall use its power to implement

23 the Plan and shall give priority to actions which assist

24 in—
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1 (1) preserving and interpreting the historic, cul2 tural, and natural resources of the District;

3 (2) complementing State and local historical

4 parks and museums in the District;

5 (3) assisting with the enhancement of public

6 awareness of an appreciation for the cultural, natu7 ral, and recreational resources of the District by

8 producing interpretive materials for the general pub9 lic and District schools, including (but not limited

10 to) brochures, visitor orientation displays, videos,

11 and curriculum units for schools;

12 (4) assisting the State or local government or

13 any nonprofit organization in the preservation and

14 interpretation of any historic, cultural, or natural re15 source in the District, including providing technical

16 staff assistance for planning, research, preservation,

17 and interpretation;

18 (5) encouraging, by appropriate means, en19 hanced economic and industrial development in the

20 District consistent with the goals of the Plan;

21 (6) encouraging local and State governments

22 and regional planning and development agencies to

23 adopt land use policies consistent with the goals of

24 the Plan and to take actions to implement those

25 policies;
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1 (7) encouraging private owners of resources

2 identified in District inventories to adopt voluntary

3 measures for the preservation of these resources;

4 (8) encouraging private landowners adjacent to

5 significant historic, cultural, and natural resources

6 within the District to establish, reestablish, or re7 tain, where possible, vegetative or other buffers and

8 scenic easements for the protection and enhance9 ment of these resources;

10 (9) ensuring that clear, consistent access routes

11 are developed to major resources in the District and

12 signage identifying access points and sites of cul13 tural, natural, and recreational interest are devel14 oped, implemented, and maintained; and

15 (10) establishing recognition of the District by

16 actively promoting the historic, cultural, and natural

17 resources of the District on a community, regional,

18 State, national, and international basis.

19 SEC. 10. TERMINATION OF COMMISSION.

20 (a) TERMINATION.—Except as provided in subsection

21 (b), the Commission shall terminate on the date which is

22 10 years after the date of the enactment of this Act.

23 (b) EXTENSION.—The Commission may extend the

24 life of the Commission for a period of not more than 10
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1 years beginning on the date referred to in subsection (a)

2 if, not later than 180 days before such date—

3 (1) the Commission determines such extension

4 is necessary in order for the Commission to carry

5 out the purpose of this Act;

6 (2) the Commission submits such proposed ex7 tension to the Committee on Interior and Insular Af8 fairs of the House of Representatives and to the

9 Committee on Energy and Natural Resources of the

10 Senate; and

11 (3) the Governor of the State and the Secretary

12 each approve such extension.

13 (c) CONVEYANCE OF ASSETS.—Upon termination of

14 the Commission, its official records and other personal as15 sets shall be distributed as determined by the Secretary

16 with the advice of the Commission as set forth in any reso17 lution of the Commission adopted by the Commission prior

18 to its termination.

19 SEC. 11. DUTIES OF THE SECRETARY.

20 In carrying out this Act, the Secretary shall do the

21 following:

22 (1) Review and approve as appropriate the her23 itage management plan developed under section 8

24 and any amendments thereto.
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1 (2) Upon request of the Commission, provide

2 technical assistance to the Commission in carrying

3 out the provisions of section 9(a)(6). Such assistance

4 may include recommendations concerning appro5 priate documentation and preservation treatment,

6 adaptive reuse potential, strategies for finding pri7 vate investors, and tax advantages available with re8 spect to such rehabilitation.

9 (3) Make available to interested persons infor10 mation which explains tax advantages available with

11 respect to the rehabilitation of historical structures

12 in the District.

13 (4) For each fiscal year during the life of the

14 Commission, detail to the Commission, on a

15 nonreimbursable basis, two employees of the Depart16 ment of the Interior to enable the Commission to

17 carry out the Commission’s duties under section 9.

18 SEC. 12. DUTIES OF OTHER FEDERAL ENTITIES.–

19 Any Federal entity conducting or supporting signifi20 cant activities directly affecting the District shall—

21 (1) consult with the Secretary and the Commis22 sion with respect to such activities;

23 (2) cooperate with the Secretary and the Com24 mission in carrying out their duties under this Act

25 and, to the maximum extent practicable, coordinate
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1 such activities with the carrying out of such duties;

2 and

3 (3) to the maximum extent practicable, conduct,

4 or support such activities in a manner which the

5 Commission determines will not have an adverse ef6 fect on the resources cited in the National Park

7 Service reports.

8 SEC. 13. EFFECT ON ENVIRONMENTAL AND OTHER STAND9 ARDS; RESTRICTIONS; SAVINGS PROVISIONS

10 (a) EFFECT ON ENVIRONMENTAL AND OTHER

11 STANDARDS.—(1) Nothing in this Act shall be deemed to

12 impose any environmental, occupational, safety, and other

13 rule, regulation, standard, or permit process which is dif14 ferent from those applicable on the date of the enactment

15 of this Act, or which would be applicable, had the District

16 not been established.

17 (2) The establishment of the District shall not impose

18 any change in Federal environmental quality standards.

19 No portion of the District which is subject to the Clean

20 Air Act may be designated as class 1 for purposes of such

21 part C solely by reason of the establishment of the Dis22 trict.

23 (3) No State or Federal agency shall impose more

24 restrictive water use designations or water quality stand25 ards upon uses of, or discharges to, waters of the State
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1 or waters of the United States, within or adjacent to the

2 District solely by reason of the establishment of the Dis3 trict.

4 (4) Nothing in the establishment of the District shall

5 abridge, restrict, or alter any applicable rule, regulation,

6 standard, or review procedure for permitting of facilities

7 within or adjacent to the District.

8 (5) Nothing in the establishment of the District shall

9 affect the continuing use and operation, as presently lo10 cated, of all public utilities and common carriers.

11 (6) Actions taken under this Act to achieve the pur12 poses described in section 2(b) shall emphasize voluntary

13 cooperation.

14 (b) RESTRICTIONS ON COMMISSION AND SEC15 RETARY.—Nothing in this Act shall be construed to vest

16 in the Commission or the Secretary any authority—

17 (1) to require the State, any affected political

18 subdivision of the State, or any private person to

19 participate in any project or program carried out by

20 the Commission or the Secretary under this Act;

21 (2) to intervene as a party in any administra22 tive or judicial proceeding concerning the application

23 or enforcement of any regulatory authority of the

24 State or any affected political subdivision of the

25 State, including any authority relating to land use
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1 regulation, environmental quality, licensing, permit2 ting, easements, private land development, or other

3 occupational or access issues;

4 (3) to establish or modify any regulatory au5 thority of the State or of any affected political sub6 division of the State, including any authority relat7 ing to land use regulation, environmental quality, or

8 pipeline or utility crossings;

9 (4) to modify any policy of the State or of any

10 affected political subdivision of the State; or

11 (5) to establish or modify any authority of the

12 State or of any affected political subdivision of the

13 State with respect to the acquisition of lands or in14 terests in lands.

15 (c) SAVINGS PROVISION.—Nothing in this Act shall

16 diminish, enlarge, or modify any right of the State or of

17 any affected political subdivision of the State—

18 (1) to exercise civil and criminal jurisdiction

19 within the District; or

20 (2) to tax persons, corporations, franchises, or

21 property, including minerals and other interests in

22 or on lands or waters, within the District.
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1 SEC. 14. AUTHORIZATION OF APPROPRIATIONS; ALLOCA2 TION OF AMOUNT FOR CERTAIN PURPOSES

3 For each fiscal year which commences after Septem4 ber 30, 1993, there is authorized to be appropriated—

5 (1) to the Commission a sum not to exceed

6 $450,000 to carry out the Commission’s duties

7 under this Act;

8 (2) to the Commission such sums as may be

9 necessary to carry out the Commission’s duties

10 under section 8(a)(4) of this Act relating to visitor

11 orientation centers; and

12 (3) to the Secretary such sums as may be nec13 essary to carry out the Secretary’s duties under this

14 Act.

15 Any sum appropriated shall remain available until ex16 pended.

17 SEC. 15. COMPLIANCE WITH BUDGET ACT.

18 Any new spending authority described in section

19 401(c)(2)(A) of the Congressional Budget Act of 1974

20 which is provided under this Act shall be effective for any

21 fiscal year only to such extent or in such amounts as are

22 provided in appropriation Acts.

Æ

HR 3604 IH——2

HR 3604 IH——3