106TH CONGRESS

1ST SESSION S. 905

AN ACT

To establish the Lackawanna Valley 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.

4 This Act may be cited as the ‘‘Lackawanna Valley

5 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 National Heritage Area and this Act are—

20 (1) to foster a close working relationship among

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

22 local communities in the anthracite coal region of

23 northeastern Pennsylvania and enable the commu24 nities to conserve their heritage while continuing to

25 pursue economic opportunities; and
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1 (2) to conserve, interpret, and develop the his2 torical, cultural, natural, and recreational resources

3 related to the industrial and cultural heritage of the

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

5 SEC. 3. DEFINITIONS.

6 In this Act:

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

8 Area’’ means the Lackawanna Valley National Her9 itage Area established by section 4.

10 (2) MANAGEMENT ENTITY.—The term ‘‘man11 agement entity’’ means the management entity for

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

13 (3) MANAGEMENT PLAN.—The term ‘‘manage14 ment plan’’ means the management plan for the

15 Heritage Area developed under section 6(b).

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

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

18 entity; and

19 (B) an organization, private industry, or

20 individual involved in promoting the conserva21 tion and preservation of the cultural and nat22 ural resources of the Heritage Area.

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

24 the Secretary of the Interior.
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1 SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.

2 (a) ESTABLISHMENT.—There is established the

3 Lackawanna Valley National Heritage Area.

4 (b) BOUNDARIES.—The Heritage Area shall be com5 prised of all or parts of Lackawanna County, Luzerne

6 County, Wayne County, and Susquehanna County, Penn7 sylvania, determined in accordance with the compact

8 under section 5.

9 (c) MANAGEMENT ENTITY.—The management entity

10 for the Heritage Area shall be the Lackawanna Heritage

11 Valley Authority.

12 SEC. 5. COMPACT.

13 (a) IN GENERAL.—To carry out this Act, the Sec14 retary shall enter into a compact with the management

15 entity.

16 (b) CONTENTS OF COMPACT.—The compact shall in17 clude information relating to the objectives and manage18 ment of the area, including—

19 (1) a delineation of the boundaries of the Herit20 age Area; and

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

22 the Heritage Area, including an explanation of the

23 proposed approach to conservation and interpreta24 tion and a general outline of the protection measures

25 committed to by the partners.
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1 SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT

2 ENTITY.

3 (a) AUTHORITIES OF MANAGEMENT ENTITY.—The

4 management entity may, for the purposes of preparing

5 and implementing the management plan, use funds made

6 available under this Act to hire and compensate staff.

7 (b) MANAGEMENT PLAN.—

8 (1) IN GENERAL.—The management entity

9 shall develop a management plan for the Heritage

10 Area that presents comprehensive recommendations

11 for the conservation, funding, management, and de12 velopment of the Heritage Area.

13 (2) CONSIDERATION OF OTHER PLANS AND AC14 TIONS.—The management plan shall—

15 (A) take into consideration State, county,

16 and local plans;

17 (B) involve residents, public agencies, and

18 private organizations working in the Heritage

19 Area; and

20 (C) include actions to be undertaken by

21 units of government and private organizations

22 to protect the resources of the Heritage Area.

23 (3) SPECIFICATION OF FUNDING SOURCES.—

24 The management plan shall specify the existing and

25 potential sources of funding available to protect,

26 manage, and develop the Heritage Area.
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1 (4) OTHER REQUIRED ELEMENTS.—The man2 agement plan shall include the following:

3 (A) An inventory of the resources con4 tained in the Heritage Area, including a list of

5 any property in the Heritage Area that is re6 lated to the purposes of the Heritage Area and

7 that should be preserved, restored, managed,

8 developed, or maintained because of its histor9 ical, cultural, natural, recreational, or scenic

10 significance.

11 (B) A recommendation of policies for re12 source management that considers and details

13 application of appropriate land and water man14 agement techniques, including the development

15 of intergovernmental cooperative agreements to

16 protect the historical, cultural, natural, and rec17 reational resources of the Heritage Area in a

18 manner that is consistent with the support of

19 appropriate and compatible economic viability.

20 (C) A program for implementation of the

21 management plan by the management entity,

22 including—

23 (i) plans for restoration and construc24 tion; and
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1 (ii) specific commitments of the part2 ners for the first 5 years of operation.

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

4 State, and Federal programs may best be co5 ordinated to promote the purposes of this Act.

6 (E) An interpretation plan for the Herit7 age Area.

8 (5) SUBMISSION TO SECRETARY FOR AP9 PROVAL.—

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

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

12 of enactment of this Act, the management enti13 ty shall submit the management plan to the

14 Secretary for approval.

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

16 a management plan is not submitted to the Sec17 retary by the day referred to in subparagraph

18 (A), the Secretary shall not, after that day, pro19 vide any grant or other assistance under this

20 Act with respect to the Heritage Area until a

21 management plan for the Heritage Area is sub22 mitted to the Secretary.

23 (c) DUTIES OF MANAGEMENT ENTITY.—The man24 agement entity shall—
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1 (1) give priority to implementing actions speci2 fied in the compact and management plan, including

3 steps to assist units of government and nonprofit or4 ganizations in preserving the Heritage Area;

5 (2) assist units of government and nonprofit or6 ganizations in—

7 (A) establishing and maintaining interpre8 tive exhibits in the Heritage Area;

9 (B) developing recreational resources in

10 the Heritage Area;

11 (C) increasing public awareness of and ap12 preciation for the historical, natural, and archi13 tectural resources and sites in the Heritage

14 Area; and

15 (D) restoring historic buildings that relate

16 to the purposes of the Heritage Area;

17 (3) encourage economic viability in the Heritage

18 Area consistent with the goals of the management

19 plan;

20 (4) encourage local governments to adopt land

21 use policies consistent with the management of the

22 Heritage Area and the goals of the management

23 plan;

24 (5) assist units of government and nonprofit or25 ganizations to ensure that clear, consistent, and en-
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1 vironmentally appropriate signs identifying access

2 points and sites of interest are placed throughout

3 the Heritage Area;

4 (6) consider the interests of diverse govern5 mental, business, and nonprofit groups within the

6 Heritage Area;

7 (7) conduct public meetings not less often than

8 quarterly concerning the implementation of the man9 agement plan;

10 (8) submit substantial amendments (including

11 any increase of more than 20 percent in the cost es12 timates for implementation) to the management plan

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

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

15 been received under this Act—

16 (A) submit a report to the Secretary that

17 specifies—

18 (i) the accomplishments of the man19 agement entity; and

20 (ii) the expenses and income of the

21 management entity;

22 (B) make available to the Secretary for

23 audit all records relating to the expenditure of

24 such funds and any matching funds; and
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1 (C) require, with respect to all agreements

2 authorizing expenditure of Federal funds by

3 other organizations, that the receiving organiza4 tions make available to the Secretary for audit

5 all records concerning the expenditure of such

6 funds.

7 (d) USE OF FEDERAL FUNDS.—

8 (1) FUNDS MADE AVAILABLE UNDER THIS

9 ACT.—The management entity shall not use Federal

10 funds received under this Act to acquire real prop11 erty or any interest in real property.

12 (2) FUNDS FROM OTHER SOURCES.—Nothing

13 in this Act precludes the management entity from

14 using Federal funds obtained through law other

15 than this Act for any purpose for which the funds

16 are authorized to be used.

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

18 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

19 (1) PROVISION OF ASSISTANCE.—The Secretary

20 may, at the request of the management entity, pro21 vide technical and financial assistance to the man22 agement entity to develop and implement the man23 agement plan.
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1 (2) PRIORITY IN ASSISTANCE.—In assisting the

2 management entity, the Secretary shall give priority

3 to actions that assist in—

4 (A) conserving the significant historical,

5 cultural, and natural resources that support the

6 purpose of the Heritage Area; and

7 (B) providing educational, interpretive, and

8 recreational opportunities consistent with the

9 resources and associated values of the Heritage

10 Area.

11 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

12 PLANS.—

13 (1) IN GENERAL.—The Secretary, in consulta14 tion with the Governor of the Commonwealth of

15 Pennsylvania, shall approve or disapprove a manage16 ment plan submitted under this Act not later than

17 90 days after receipt of the management plan.

18 (2) ACTION FOLLOWING DISAPPROVAL.—

19 (A) IN GENERAL.—If the Secretary dis20 approves a management plan, the Secretary

21 shall advise the management entity in writing

22 of the reasons for the disapproval and shall

23 make recommendations for revisions to the

24 management plan.
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1 (B) DEADLINE FOR APPROVAL OF REVI2 SION.—The Secretary shall approve or dis3 approve a proposed revision within 90 days

4 after the date on which the revision is sub5 mitted to the Secretary.

6 (c) APPROVAL OF AMENDMENTS.—

7 (1) REVIEW.—The Secretary shall review sub8 stantial amendments (as determined under section

9 6(c)(8)) to the management plan for the Heritage

10 Area.

11 (2) REQUIREMENT OF APPROVAL.—Funds

12 made available under this Act shall not be expended

13 to implement the amendments described in para14 graph (1) until the Secretary approves the amend15 ments.

16 SEC. 8. SUNSET PROVISION.

17 The Secretary shall not provide any grant or other

18 assistance under this Act after September 30, 2012.

19 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

20 (a) IN GENERAL.—There is authorized to be appro21 priated to carry out this Act $10,000,000, except that not

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

23 this Act for any fiscal year.
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1 (b) 50 PERCENT MATCH.—The Federal share of the

2 cost of activities carried out using any assistance or grant

3 under this Act shall not exceed 50 percent.

Passed the Senate November 19, 1999.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION S. 905

AN ACT

To establish the Lackawanna Valley National

Heritage Area and for other purposes.