II

106TH CONGRESS

1ST SESSION S. 905

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

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 Heritage Area Act of 1999’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the industrial and cultural heritage of

9 northeastern Pennsylvania, including Lackawanna

10 County, Luzerne County, Wayne County, and Sus-
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1 quehanna County, related directly to anthracite and

2 anthracite-related industries, is nationally signifi3 cant;

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

5 include anthracite mining, ironmaking, textiles, and

6 rail transportation;

7 (3) the industrial and cultural heritage of the

8 anthracite and anthracite-related industries in the

9 region described in paragraph (1) includes the social

10 history and living cultural traditions of the people of

11 the region;

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

13 significant role in the development of the Nation,

14 including—

15 (A) the formation of many major unions

16 such as the United Mine Workers of America;

17 and

18 (B) crucial struggles to improve wages and

19 working conditions, such as the 1900 and 1902

20 anthracite strikes;

21 (5)(A) the Secretary of the Interior is respon22 sible for protecting the historical and cultural re23 sources of the United States; and

24 (B) there are significant examples of those re25 sources within the region described in paragraph (1)
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1 that merit the involvement of the Federal Govern2 ment to develop, in cooperation with the Lacka3 wanna Heritage Valley Authority, the Common4 wealth of Pennsylvania, and local and governmental

5 entities, programs and projects to conserve, protect,

6 and interpret this heritage adequately for future

7 generations, while providing opportunities for edu8 cation and revitalization; and

9 (6) the Lackawanna Heritage Valley Authority

10 would be an appropriate management entity for a

11 Heritage Area established in the region described in

12 paragraph (1).

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

14 Valley American Heritage Area and this Act are—

15 (1) to foster a close working relationship among

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

17 local communities in the anthracite coal region of

18 northeastern Pennsylvania and enable the commu19 nities to conserve their heritage while continuing to

20 pursue economic opportunities; and

21 (2) to conserve, interpret, and develop the his22 torical, cultural, natural, and recreational resources

23 related to the industrial and cultural heritage of the

24 4-county region described in subsection (a)(1).
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1 SEC. 3. DEFINITIONS.

2 In this Act:

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

4 Area’’ means the Lackawanna Valley American Her5 itage Area established by section 4.

6 (2) MANAGEMENT ENTITY.—The term ‘‘man7 agement entity’’ means the management entity for

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

9 (3) MANAGEMENT PLAN.—The term ‘‘manage10 ment plan’’ means the management plan for the

11 Heritage Area developed under section 6(b).

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

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

14 entity; and

15 (B) an organization, private industry, or

16 individual involved in promoting the conserva17 tion and preservation of the cultural and nat18 ural resources of the Heritage Area.

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

20 the Secretary of the Interior.

21 SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.

22 (a) ESTABLISHMENT.—There is established the

23 Lackawanna Valley American Heritage Area.

24 (b) BOUNDARIES.—The Heritage Area shall be com25 prised of all or parts of Lackawanna County, Luzerne

26 County, Wayne County, and Susquehanna County, Penn-
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1 sylvania, determined in accordance with the compact

2 under section 5.

3 (c) MANAGEMENT ENTITY.—The management entity

4 for the Heritage Area shall be the Lackawanna Heritage

5 Valley Authority.

6 SEC. 5. COMPACT.

7 (a) IN GENERAL.—To carry out this Act, the Sec8 retary shall enter into a compact with the management

9 entity.

10 (b) CONTENTS OF COMPACT.—The compact shall in11 clude information relating to the objectives and manage12 ment of the area, including—

13 (1) a delineation of the boundaries of the Herit14 age Area; and

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

16 the Heritage Area, including an explanation of the

17 proposed approach to conservation and interpreta18 tion and a general outline of the protection measures

19 committed to by the partners.

20 SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTI21 TY.

22 (a) AUTHORITIES OF MANAGEMENT ENTITY.—The

23 management entity may, for the purposes of preparing

24 and implementing the management plan, use funds made

25 available under this Act—
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1 (1) to make loans and grants to, and enter into

2 cooperative agreements with, any State or political

3 subdivision of a State, private organization, or per4 son; and

5 (2) to hire and compensate staff.

6 (b) MANAGEMENT PLAN.—

7 (1) IN GENERAL.—The management entity

8 shall develop a management plan for the Heritage

9 Area that presents comprehensive recommendations

10 for the conservation, funding, management, and de11 velopment of the Heritage Area.

12 (2) CONSIDERATION OF OTHER PLANS AND AC13 TIONS.—The management plan shall—

14 (A) take into consideration State, county,

15 and local plans;

16 (B) involve residents, public agencies, and

17 private organizations working in the Heritage

18 Area; and

19 (C) include actions to be undertaken by

20 units of government and private organizations

21 to protect the resources of the Heritage Area.

22 (3) SPECIFICATION OF FUNDING SOURCES.—

23 The management plan shall specify the existing and

24 potential sources of funding available to protect,

25 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;

20 (ii) the expenses and income of the

21 management entity; and

22 (iii) each entity to which any loan or

23 grant was made during the year;
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1 (B) make available to the Secretary for

2 audit all records relating to the expenditure of

3 such funds and any matching funds; and

4 (C) require, with respect to all agreements

5 authorizing expenditure of Federal funds by

6 other organizations, that the receiving organiza7 tions make available to the Secretary for audit

8 all records concerning the expenditure of such

9 funds.

10 (d) USE OF FEDERAL FUNDS.—

11 (1) FUNDS MADE AVAILABLE UNDER THIS

12 ACT.—The management entity shall not use Federal

13 funds received under this Act to acquire real prop14 erty or any interest in real property.

15 (2) FUNDS FROM OTHER SOURCES.—Nothing

16 in this Act precludes the management entity from

17 using Federal funds obtained through law other

18 than this Act for any purpose for which the funds

19 are authorized to be used.

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

21 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

22 (1) IN GENERAL.—

23 (A) PROVISION OF ASSISTANCE.—The Sec24 retary may, at the request of the management

25 entity, provide technical and financial assist-
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1 ance to the management entity to develop and

2 implement the management plan.

3 (B) PRIORITY IN ASSISTANCE.—In assist4 ing the management entity, the Secretary shall

5 give priority to actions that assist in—

6 (i) conserving the significant histor7 ical, cultural, and natural resources that

8 support the purposes of the Heritage Area;

9 and

10 (ii) providing educational, interpretive,

11 and recreational opportunities consistent

12 with the resources and associated values of

13 the Heritage Area.

14 (2) EXPENDITURES FOR NON-FEDERALLY

15 OWNED PROPERTY.—

16 (A) IN GENERAL.—To further the pur17 poses of this Act, the Secretary may expend

18 Federal funds directly on non-federally owned

19 property, especially for assistance to units of

20 government relating to appropriate treatment of

21 districts, sites, buildings, structures, and ob22 jects listed or eligible for listing on the National

23 Register of Historic Places.

24 (B) STUDIES.—The Historic American

25 Buildings Survey/Historic American Engineer-
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1 ing Record shall conduct such studies as are

2 necessary to document the industrial, engineer3 ing, building, and architectural history of the

4 Heritage 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.

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