II

Calendar No. 319

106TH CONGRESS

1ST SESSION S. 905

[Report No. 106–185]

To establish the Lackawanna Valley American Heritage Area.

IN THE SENATE OF THE UNITED STATES

APRIL 28, 1999

Mr. SANTORUM (for himself and Mr. SPECTER) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

OCTOBER 14, 1999

Reported by Mr. MURKOWSKI, with amendments and an amendment to the

title

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

A BILL

To establish the Lackawanna Valley American Heritage

Area.

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 ‘‘Lackawanna Valley

5 American National Heritage Area Act of 1999’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) the industrial and cultural heritage of

4 northeastern Pennsylvania, including Lackawanna

5 County, Luzerne County, Wayne County, and Sus6 quehanna County, related directly to anthracite and

7 anthracite-related industries, is nationally signifi8 cant;

9 (2) the industries referred to in paragraph (1)

10 include anthracite mining, ironmaking, textiles, and

11 rail transportation;

12 (3) the industrial and cultural heritage of the

13 anthracite and anthracite-related industries in the

14 region described in paragraph (1) includes the social

15 history and living cultural traditions of the people of

16 the region;

17 (4) the labor movement of the region played a

18 significant role in the development of the Nation,

19 including—

20 (A) the formation of many major unions

21 such as the United Mine Workers of America;

22 and

23 (B) crucial struggles to improve wages and

24 working conditions, such as the 1900 and 1902

25 anthracite strikes;
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1 (5)(A) the Secretary of the Interior is respon2 sible for protecting the historical and cultural re3 sources of the United States; and

4 (B) there are significant examples of those re5 sources within the region described in paragraph (1)

6 that merit the involvement of the Federal Govern7 ment to develop, in cooperation with the Lacka8 wanna Heritage Valley Authority, the Common9 wealth of Pennsylvania, and local and governmental

10 entities, programs and projects to conserve, protect,

11 and interpret this heritage adequately for future

12 generations, while providing opportunities for edu13 cation and revitalization; and

14 (6) the Lackawanna Heritage Valley Authority

15 would be an appropriate management entity for a

16 Heritage Area established in the region described in

17 paragraph (1).

18 (b) PURPOSES.—The purposes of the Lackawanna

19 Valley American National Heritage Area and this Act

20 are—

21 (1) to foster a close working relationship among

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

23 local communities in the anthracite coal region of

24 northeastern Pennsylvania and enable the commu-
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1 nities to conserve their heritage while continuing to

2 pursue economic opportunities; and

3 (2) to conserve, interpret, and develop the his4 torical, cultural, natural, and recreational resources

5 related to the industrial and cultural heritage of the

6 4-county region described in subsection (a)(1).

7 SEC. 3. DEFINITIONS.

8 In this Act:

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

10 Area’’ means the Lackawanna Valley American Na11 tional Heritage Area established by section 4.

12 (2) MANAGEMENT ENTITY.—The term ‘‘man13 agement entity’’ means the management entity for

14 the Heritage Area specified in section 4(c).

15 (3) MANAGEMENT PLAN.—The term ‘‘manage16 ment plan’’ means the management plan for the

17 Heritage Area developed under section 6(b).

18 (4) PARTNER.—The term ‘‘partner’’ means—

19 (A) a Federal, State, or local governmental

20 entity; and

21 (B) an organization, private industry, or

22 individual involved in promoting the conserva23 tion and preservation of the cultural and nat24 ural resources of the Heritage Area.
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1 (5) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.

4 (a) ESTABLISHMENT.—There is established the

5 Lackawanna Valley American National Heritage Area.

6 (b) BOUNDARIES.—The Heritage Area shall be com7 prised of all or parts of Lackawanna County, Luzerne

8 County, Wayne County, and Susquehanna County, Penn9 sylvania, determined in accordance with the compact

10 under section 5.

11 (c) MANAGEMENT ENTITY.—The management entity

12 for the Heritage Area shall be the Lackawanna Heritage

13 Valley Authority.

14 SEC. 5. COMPACT.

15 (a) IN GENERAL.—To carry out this Act, the Sec16 retary shall enter into a compact with the management

17 entity.

18 (b) CONTENTS OF COMPACT.—The compact shall in19 clude information relating to the objectives and manage20 ment of the area, including—

21 (1) a delineation of the boundaries of the Herit22 age Area; and

23 (2) a discussion of the goals and objectives of

24 the Heritage Area, including an explanation of the

25 proposed approach to conservation and interpreta-
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1 tion and a general outline of the protection measures

2 committed to by the partners.

3 SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT

4 ENTITY.

5 (a) AUTHORITIES OF MANAGEMENT ENTITY.—The

6 management entity may, for the purposes of preparing

7 and implementing the management plan, use funds made

8 available under this Act— available under this Act to hire

9 and compensate staff.

10 (1) to make loans and grants to, and enter into

11 cooperative agreements with, any State or political

12 subdivision of a State, private organization, or per13 son; and

14 (2) to hire and compensate staff.

15 (b) MANAGEMENT PLAN.—

16 (1) IN GENERAL.—The management entity

17 shall develop a management plan for the Heritage

18 Area that presents comprehensive recommendations

19 for the conservation, funding, management, and de20 velopment of the Heritage Area.

21 (2) CONSIDERATION OF OTHER PLANS AND AC22 TIONS.—The management plan shall—

23 (A) take into consideration State, county,

24 and local plans;
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1 (B) involve residents, public agencies, and

2 private organizations working in the Heritage

3 Area; and

4 (C) include actions to be undertaken by

5 units of government and private organizations

6 to protect the resources of the Heritage Area.

7 (3) SPECIFICATION OF FUNDING SOURCES.—

8 The management plan shall specify the existing and

9 potential sources of funding available to protect,

10 manage, and develop the Heritage Area.

11 (4) OTHER REQUIRED ELEMENTS.—The man12 agement plan shall include the following:

13 (A) An inventory of the resources con14 tained in the Heritage Area, including a list of

15 any property in the Heritage Area that is re16 lated to the purposes of the Heritage Area and

17 that should be preserved, restored, managed,

18 developed, or maintained because of its histor19 ical, cultural, natural, recreational, or scenic

20 significance.

21 (B) A recommendation of policies for re22 source management that considers and details

23 application of appropriate land and water man24 agement techniques, including the development

25 of intergovernmental cooperative agreements to
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1 protect the historical, cultural, natural, and rec2 reational resources of the Heritage Area in a

3 manner that is consistent with the support of

4 appropriate and compatible economic viability.

5 (C) A program for implementation of the

6 management plan by the management entity,

7 including—

8 (i) plans for restoration and construc9 tion; and

10 (ii) specific commitments of the part11 ners for the first 5 years of operation.

12 (D) An analysis of ways in which local,

13 State, and Federal programs may best be co14 ordinated to promote the purposes of this Act.

15 (E) An interpretation plan for the Herit16 age Area.

17 (5) SUBMISSION TO SECRETARY FOR AP18 PROVAL.—

19 (A) IN GENERAL.—Not later than the last

20 day of the 3-year period beginning on the date

21 of enactment of this Act, the management enti22 ty shall submit the management plan to the

23 Secretary for approval.

24 (B) EFFECT OF FAILURE TO SUBMIT.—If

25 a management plan is not submitted to the Sec-
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1 retary by the day referred to in subparagraph

2 (A), the Secretary shall not, after that day, pro3 vide any grant or other assistance under this

4 Act with respect to the Heritage Area until a

5 management plan for the Heritage Area is sub6 mitted to the Secretary.

7 (c) DUTIES OF MANAGEMENT ENTITY.—The man8 agement entity shall—

9 (1) give priority to implementing actions speci10 fied in the compact and management plan, including

11 steps to assist units of government and nonprofit or12 ganizations in preserving the Heritage Area;

13 (2) assist units of government and nonprofit or14 ganizations in—

15 (A) establishing and maintaining interpre16 tive exhibits in the Heritage Area;

17 (B) developing recreational resources in

18 the Heritage Area;

19 (C) increasing public awareness of and ap20 preciation for the historical, natural, and archi21 tectural resources and sites in the Heritage

22 Area; and

23 (D) restoring historic buildings that relate

24 to the purposes of the Heritage Area;
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1 (3) encourage economic viability in the Heritage

2 Area consistent with the goals of the management

3 plan;

4 (4) encourage local governments to adopt land

5 use policies consistent with the management of the

6 Heritage Area and the goals of the management

7 plan;

8 (5) assist units of government and nonprofit or9 ganizations to ensure that clear, consistent, and en10 vironmentally appropriate signs identifying access

11 points and sites of interest are placed throughout

12 the Heritage Area;

13 (6) consider the interests of diverse govern14 mental, business, and nonprofit groups within the

15 Heritage Area;

16 (7) conduct public meetings not less often than

17 quarterly concerning the implementation of the man18 agement plan;

19 (8) submit substantial amendments (including

20 any increase of more than 20 percent in the cost es21 timates for implementation) to the management plan

22 to the Secretary for the Secretary’s approval; and

23 (9) for each year in which Federal funds have

24 been received under this Act—
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1 (A) submit a report to the Secretary that

2 specifies—

3 (i) the accomplishments of the man4 agement entity; and

5 (ii) the expenses and income of the

6 management entity; and

7 (iii) each entity to which any loan or

8 grant was made during the year;

9 (B) make available to the Secretary for

10 audit all records relating to the expenditure of

11 such funds and any matching funds; and

12 (C) require, with respect to all agreements

13 authorizing expenditure of Federal funds by

14 other organizations, that the receiving organiza15 tions make available to the Secretary for audit

16 all records concerning the expenditure of such

17 funds.

18 (d) USE OF FEDERAL FUNDS.—

19 (1) FUNDS MADE AVAILABLE UNDER THIS

20 ACT.—The management entity shall not use Federal

21 funds received under this Act to acquire real prop22 erty or any interest in real property.

23 (2) FUNDS FROM OTHER SOURCES.—Nothing

24 in this Act precludes the management entity from

25 using Federal funds obtained through law other
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1 than this Act for any purpose for which the funds

2 are authorized to be used.

3 SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

4 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

5 (1) IN GENERAL.—

6 (A) PROVISION OF ASSISTANCE.—The Sec7 retary may, at the request of the management

8 entity, provide technical and financial assist9 ance to the management entity to develop and

10 implement the management plan.

11 (B) PRIORITY IN ASSISTANCE.—In assist12 ing the management entity, the Secretary shall

13 give priority to actions that assist in—

14 (i) conserving the significant histor15 ical, cultural, and natural resources that

16 support the purposes of the Heritage Area;

17 and

18 (ii) providing educational, interpretive,

19 and recreational opportunities consistent

20 with the resources and associated values of

21 the Heritage Area.

22 (2) EXPENDITURES FOR NON-FEDERALLY

23 OWNED PROPERTY.—

24 (A) IN GENERAL.—To further the pur25 poses of this Act, the Secretary may expend
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1 Federal funds directly on non-federally owned

2 property, especially for assistance to units of

3 government relating to appropriate treatment of

4 districts, sites, buildings, structures, and ob5 jects listed or eligible for listing on the National

6 Register of Historic Places.

7 (B) STUDIES.—The Historic American

8 Buildings Survey/Historic American Engineer9 ing Record shall conduct such studies as are

10 necessary to document the industrial, engineer11 ing, building, and architectural history of the

12 Heritage Area.

13 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

14 (1) PROVISION OF ASSISTANCE.—The Secretary

15 may, at the request of the management entity, provide

16 technical and financial assistance to the management

17 entity to develop and implement the management

18 plan.

19 (2) PRIORITY IN ASSISTANCE.—In assisting the

20 management entity, the Secretary shall give priority

21 to actions that assist in—

22 (A) conserving the significant historical,

23 cultural, and natural resources that support the

24 purpose of the Heritage Area; and
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1 (B) providing educational, interpretive, and

2 recreational opportunities consistent with the re3 sources and associated values of the Heritage

4 Area.

5 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

6 PLANS.—

7 (1) IN GENERAL.—The Secretary, in consulta8 tion with the Governor of the Commonwealth of

9 Pennsylvania, shall approve or disapprove a manage10 ment plan submitted under this Act not later than

11 90 days after receipt of the management plan.

12 (2) ACTION FOLLOWING DISAPPROVAL.—

13 (A) IN GENERAL.—If the Secretary dis14 approves a management plan, the Secretary

15 shall advise the management entity in writing

16 of the reasons for the disapproval and shall

17 make recommendations for revisions to the

18 management plan.

19 (B) DEADLINE FOR APPROVAL OF REVI20 SION.—The Secretary shall approve or dis21 approve a proposed revision within 90 days

22 after the date on which the revision is sub23 mitted to the Secretary.

24 (c) APPROVAL OF AMENDMENTS.—
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1 (1) REVIEW.—The Secretary shall review sub2 stantial amendments (as determined under section

3 6(c)(8)) to the management plan for the Heritage

4 Area.

5 (2) REQUIREMENT OF APPROVAL.—Funds

6 made available under this Act shall not be expended

7 to implement the amendments described in para8 graph (1) until the Secretary approves the amend9 ments.

10 SEC. 8. SUNSET PROVISION.

11 The Secretary shall not provide any grant or other

12 assistance under this Act after September 30, 2012.

13 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

14 (a) IN GENERAL.—There is authorized to be appro15 priated to carry out this Act $10,000,000, except that not

16 more than $1,000,000 may be appropriated to carry out

17 this Act for any fiscal year.

18 (b) 50 PERCENT MATCH.—The Federal share of the

19 cost of activities carried out using any assistance or grant

20 under this Act shall not exceed 50 percent.

Amend the title so as to read: ‘‘To establish the

Lackawanna Valley National Heritage Area and for other

purposes.’’

Calendar No. 319

106TH CONGRESS

1ST SESSION S. 905

[Report No. 106–185]

A BILL

To establish the Lackawanna Valley American

Heritage Area.

OCTOBER 14, 1999

Reported with amendments and an amendment to the

title