Calendar No. 411

103D CONGRESS

2D SESSION S. 1341

[Report No. 103–249]

A BILL

To establish the Wheeling National Heritage Area

poses.in the State of West Virginia, and for other purAPRIL 14 (legislative day, APRIL 11), 1994

Reported with an amendment
II

Calendar No. 411

103D CONGRESS

2D SESSION S. 1341

[Report No. 103–249]

To establish the Wheeling National Heritage Area in the State of West

Virginia, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 3 (legislative day, JUNE 30), 1993

Mr. BYRD introduced the following bill; which was read twice and referred to

the Committee on Energy and Natural Resources

APRIL 14 (legislative day, APRIL 11), 1994

Reported by Mr. JOHNSTON, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To establish the Wheeling National Heritage Area in the

State of West Virginia, 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 ‘‘Wheeling National

5 Heritage Area Act of 1993’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that:

3 (1) The community of Wheeling, West Virginia,

4 and vicinity, possess important historical, cultural,

5 and natural resources, representing major heritage

6 themes of transportation and commerce and indus7 try and Victorian culture in the United States.

8 (2) The City of Wheeling played an important

9 part in the settlement of this country by serving as

10 the western terminus of the National Road in the

11 early 1800’s, by serving as the Crossroads of Amer12 ica throughout the nineteenth century, by serving as

13 one of the few major inland ports in the nineteenth

14 century, by hosting the establishment of the Re15 stored State of Virginia, and later the State of West

16 Virginia during the Civil War years and serving as

17 the first capital of the new State of West Virginia,

18 through the development and maintenance of many

19 industries crucial to the Nation’s expansion, includ20 ing iron and steel, and textile manufacturing facili21 ties, boat building facilities, glass manufacturing fa22 cilities, stogie and chewing tobacco manufacturing

23 facilities, many of which are industries that continue

24 to play an important role in the Nation’s economy.

25 (3) The City of Wheeling has retained its na26 tional heritage themes with the designations of the
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1 old custom house, now Independence Hall, as a Na2 tional Historic Landmark; with the designation of

3 the historic suspension bridge as a National Historic

4 Landmark; with five historic districts, and many in5 dividual properties in the Wheeling area listed or eli6 gible for nomination to the National Register of His7 toric Places.

8 (4) The heritage themes and number and diver9 sity of Wheeling’s remaining resources should be ap10 propriately retained, enhanced, and interpreted for

11 the education, benefit, and inspiration of the people

12 of the United States.

13 (b) PURPOSES.—The purposes of this Act are to:

14 (1) Recognize the special importance of the his15 tory and development of the Wheeling area in the

16 cultural heritage of the Nation.

17 (2) Provide a framework to assist the City of

18 Wheeling and other public and private entities and

19 individuals in the appropriate preservation, enhance20 ment, and interpretation of resources in the Wheel21 ing area emblematic of Wheeling’s contributions to

22 that cultural heritage.

23 (3) Create a new concept and model for des24 ignation of a National Heritage Area by allowing for

25 limited Federal, State and local capital contributions
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1 for planning and infrastructure investments to cre2 ate the Wheeling National Heritage Area, in part3 nership with the State of West Virginia and the City

4 of Wheeling, West Virginia and its designees; and to

5 provide for an economically self-sustaining National

6 Heritage Area not dependent on Federal assistance

7 beyond the initial years necessary to establish the

8 National Heritage Area.

9 SEC. 3. DEFINITIONS.

10 As used in this Act:

11 (1) The term ‘‘Corporation’’ refers to the

12 Wheeling National Heritage Area Corporation

13 (WNHAC) as described in section 5 of this Act.

14 (2) The term ‘‘Plan’’ refers to the Plan for the

15 Wheeling National Heritage Area, prepared for the

16 Wheeling National Heritage Area Task Force, the

17 City of Wheeling, and the National Park Service,

18 published in August 1992, which Plan includes—

19 (A) an inventory of the natural and cul20 tural resources in the City of Wheeling;

21 (B) criteria for preserving and interpreting

22 significant natural and historic resources;

23 (C) a strategy for the conservation, preser24 vation, and reuse of the historical and cultural
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1 resources in the City of Wheeling and the re2 gion; and

3 (D) an implementation agenda by which

4 the State of West Virginia and local govern5 ments can program their resources as well as a

6 complete description of the management entity

7 responsible for implementing the Plan.

8 SEC. 4. DESIGNATION OF NATIONAL HERITAGE AREA.

9 In furtherance of the purposes of this Act, there is

10 hereby established the Wheeling National Heritage Area

11 in the State of West Virginia (hereinafter referred to as

12 the ‘‘Area’’). The Area shall include those lands and wa13 ters within the boundary generally depicted on the map

14 entitled, ‘‘Boundary Map, Wheeling National Heritage

15 Area, West Virginia’’, which shall be on file and available

16 for public inspection in the offices of the National Park

17 Service, Department of the Interior.

18 SEC. 5. ESTABLISHMENT OF WHEELING NATIONAL HERIT19 AGE AREA CORPORATION.

20 (a) ESTABLISHMENT.—To achieve the purposes of

21 this Act, and to carry out the implementation of the Plan,

22 there is hereby established the Wheeling National Herit23 age Area Corporation (WNHAC) which—

24 (1) will be structured as a 501(c)(3) tax exempt

25 entity;
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1 (2) shall consist of a Board of Directors of not

2 less than 9 nor more than 11 members, including

3 the executive committee;

4 (3) shall include an executive committee of 5

5 members; and

6 (4) shall include the Secretary of the Interior,

7 or his designate, the Governor of West Virginia, or

8 his designate, and the Mayor of the City of Wheel9 ing, or his designate.

10 The details of the Corporation’s administrative operations,

11 staff needs, Board composition (except as specified in sec12 tion 5(a)(4)), affiliate organizations, financial forecast,

13 and membership shall be specified in the business plan for

14 the Wheeling National Heritage Area Corporation.

15 (b) MISSION.—(1) The Corporation’s primary mis16 sion will be to implement and coordinate the recommenda17 tions contained in the Plan, accomplish the goals of the

18 Heritage Area planning initiative, ensure integrated oper19 ation of the project, and become a financially self-sustain20 ing entity. The Corporation shall be structured as a pri21 vate nonprofit organization, an umbrella organization to

22 accomplish the primary mission by itself, in partnership

23 with other local organizations, or on the behalf of other

24 entities, particularly the National Park Service and the

25 State of West Virginia Division of Culture and History.
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1 It will provide coordination, standards, and streamlined fi2 nancial and technical assistance for the implementation of

3 the Plan.

4 (2) The primary charitable and educational mission

5 of the Corporation shall be to conserve, interpret, and pro6 mote the Wheeling National Heritage Area, and by doing

7 so, to achieve economic development in the historic down8 town and riverfront area, and the education and general

9 welfare of the people. The more specific mission of the

10 Corporation shall be to implement the Plan for the Wheel11 ing National Heritage Area, to preserve the area’s historic

12 and cultural resources, and to establish a structure within

13 which the activities of investment, development, and oper14 ation of the Heritage Area can be fulfilled. In support of

15 this primary mission, the Corporation shall also direct and

16 coordinate the diverse conservation, development, pro17 gramming, educational, and interpretive activities in the

18 area.

19 (c) CREATION OF THE CORPORATION.—An interim

20 board shall be formed by the Wheeling National Heritage

21 Area Task Force Core Group in existence on the date of

22 the enactment of this Act. This board shall draft interim

23 bylaws, nominate an executive committee and solicit mem24 bership. The members of the executive committee shall act

25 as incorporators of the Corporation, nominate the perma-
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1 nent board and have the primary roles in the development,

2 implementation, and operation of the Corporation and the

3 Heritage Area. A permanent executive committee shall

4 adopt a charter for the Corporation, and sign its articles

5 of incorporation, and shall determine the appropriate com6 position for the permanent board of directors. The execu7 tive committee shall appoint the remaining board members

8 with the exception of the City, State, and Federal rep9 resentatives designated under subsection (a)(4). The exec10 utive committee shall act as the primary vehicle for oper11 ation and policy of the Corporation while the board of di12 rectors shall serve to ensure that the mission of the Cor13 poration is carried out, and serve as a check and balance

14 to the executive committee while measuring progress and

15 ensuring equity in the activities of the Corporation.

16 SEC. 6. POWERS OF THE WHEELING NATIONAL HERITAGE

17 AREA CORPORATION.

18 (a) POWERS OF THE CORPORATION.—The Wheeling

19 National Heritage Area Corporation shall be chartered

20 with broad private powers in order to pursue its mission

21 and implement the Plan. The Corporation shall be empow22 ered to—

23 (1) acquire, encumber, and dispose of such real

24 and personal property as is necessary to preserve,
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1 promote and enhance the heritage and resources of

2 the Area;

3 (2) improve properties to which the Corporation

4 holds title, sell, lease, sublease or otherwise dispose

5 of real property;

6 (3) enter into contracts, leases, cooperative

7 agreements, and other transactions with public agen8 cies and private individuals and entities;

9 (4) receive funds from public agencies and pri10 vate individuals and entities; receive gifts of property

11 of all kinds, whether made by will, deed, or other12 wise, and administering the same in carrying out the

13 Corporation’s mission; collect fees; develop any other

14 sources of income commensurate with the laws gov15 erning nonprofit entities;

16 (5) disburse funds to qualified public or private

17 individuals and entities for the purposes of achieving

18 the goals of the Heritage Area as specified in the

19 Plan;

20 (6) hire staff and accept personnel from public

21 agencies as required to fulfill its mandates and pur22 poses;

23 (7) manage property and develop and operate

24 educational, informational, interpretive, and market25 ing programs, facilities, and linkages; and
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1 (8) coordinate the review and approval of

2 projects or programs either funded or implemented

3 by the Corporation or its associates; and provide

4 educational, interpretation and promotional services

5 and materials.

6 SEC. 7. DUTIES OF THE WHEELING NATIONAL HERITAGE

7 AREA CORPORATION.

8 (a) FORMAL ADOPTION OF THE PLAN.—The Cor9 poration shall work with the State of West Virginia and

10 local governments to ensure that the Plan is formally

11 adopted by the City of Wheeling and recognized by the

12 State of West Virginia.

13 (b) IMPLEMENTATION OF THE PLAN.—In pursuing

14 the implementation of the Plan, the Corporation shall—

15 (1) implement the ideas and concepts put forth

16 in the Plan in a timely fashion pursuant to the phas17 ing schedule identified in the Plan;

18 (2) ensure the coordination of its services with

19 those of the City of Wheeling, West Virginia, the

20 State of West Virginia, and the Federal Govern21 ment;

22 (3) seek the support and involvement of the

23 Wheeling community and City of Wheeling as it pur24 sues its mission;
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1 (4) maintain the integrity of those natural and

2 cultural resources recognized by this Act and ref3 erenced in the Plan through standards and criteria

4 for the treatment of all properties located within the

5 Area; and

6 (5) pursue the completion and adoption of all

7 planning projects recommended by the Plan, includ8 ing, but not limited to, the business plan for the

9 Wheeling National Heritage Area, an interpretive

10 master plan which outlines plans for the interpreta11 tion and conservation of Wheeling’s cultural and

12 physical resources, a heritage lighting plan, an inter13 modal transportation plan, and others of a like kind.

14 (c) OPERATIONS OF THE WHEELING NATIONAL

15 HERITAGE AREA CORPORATION.—In implementing the

16 Plan, the Corporation may make loans and grants to ap17 propriate public, governmental, or private entities and

18 enter into contracts with private or public entities using

19 funds appropriated for that purpose, or from funds do20 nated, or revenue generated from the operation of Area

21 resources, with these funds being used to—

22 (1) promote the City of Wheeling’s significant

23 heritage and resources;

24 (2) promote future growth for the City of

25 Wheeling in a manner consistent with its heritage,
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1 resources, and the planning goals established for the

2 Heritage Area;

3 (3) ensure successful development of the Herit4 age Area and its principal features as specified in

5 the Plan and to undertake further planning and de6 sign as necessary to achieve this objective;

7 (4) ensure the conservation of the region’s his8 torical, cultural, and natural resources;

9 (5) cooperate with and assist entities whose

10 goals and purposes are consistent with the goals and

11 purposes of the Corporation;

12 (6) manage and operate heritage facilities,

13 where appropriate;

14 (7) coordinate and support the activities of the

15 Corporation or its associates and the operation of

16 heritage and cultural tourism attractions in the re17 gion so as to create a unified project;

18 (8) encourage intergovernmental and inter19 agency cooperation in the achievement of these ob20 jectives;

21 (9) market the Heritage Area, the City of

22 Wheeling and its resources as a destination for

23 international, national, and regional visitors;
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1 (10) provide technical assistance to cultural

2 heritage efforts and develop design standards for

3 physical sites and educational/interpretive programs;

4 (11) lead in efforts to educate the public about

5 the significance of these resources and the heritage

6 of the City of Wheeling (targeting visitors as well as

7 local residents);

8 (12) promote local and regional development of

9 recreational opportunities, linkages, and facilities;

10 (13) accomplish the above in a way which will

11 promote economic development of the City of Wheel12 ing and the surrounding area;

13 (14) create public/private partnerships to fi14 nance projects and initiatives of the Heritage Area;

15 and

16 (15) seek funding from public (local, State and

17 Federal) agencies and private individuals, founda18 tions and corporations.

19 (d) RESPONSIBILITIES OF THE WHEELING NA20 TIONAL HERITAGE AREA CORPORATION.—Priority ele21 ments and actions to be carried out by the Corporation

22 include—

23 (1) assisting the State of West Virginia and the

24 City of Wheeling in appropriate preservation treat25 ment of the sites, buildings, and objects listed or eli-
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1 gible for listing on the National Register of Historic

2 Places;

3 (2) increasing awareness and appreciation of

4 the City of Wheeling’s cultural heritage and ongoing

5 traditions;

6 (3) assisting the State of West Virginia or City

7 of Wheeling in designing, establishing, and main8 taining one or more visitor centers and other inter9 pretive exhibits in the Area;

10 (4) assisting in the enhancement of public

11 awareness of an appreciation for the historical and

12 architectural and geological resources and sites in

13 the Area;

14 (5) assisting the State of West Virginia or any

15 local government or any nonprofit organization in

16 the restoration of any historic building in the Area;

17 (6) encouraging, by appropriate means, en18 hanced economic and industrial development in the

19 Area in furtherance of the goals of the Plan;

20 (7) encouraging the City of Wheeling and other

21 local governments to adopt land use policies consist22 ent with the goals of the Plan and to take actions

23 to implement those policies; and
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1 (8) ensuring that clear, consistent signs identi2 fying access points and sites of interest are put in

3 place.

4 SEC. 8. DUTIES OF THE SECRETARY.

5 (a) PURPOSE.—To carry out the purposes of this Act,

6 the Secretary of the Interior shall—

7 (1) assist the Corporation in the development of

8 interpretive and educational materials as specified in

9 the Plan or subsequent planning efforts (for exam10 ple, the interpretive master plan); and

11 (2) provide funds for capital improvements to

12 projects and initial operating assistance consistent

13 with the Plan.

14 (b) TECHNICAL ASSISTANCE.—The Secretary shall,

15 upon the request of the Corporation and as outlined in

16 the Plan, provide technical assistance to the Corporation

17 in the preparation of any plans or studies and for the im18 plementation of any plans as set out in section 7(b).

19 SEC. 9. DUTIES OF OTHER FEDERAL ENTITIES.

20 Any Federal department, agency or other entity con21 ducting or supporting activities directly affecting the Area

22 shall—

23 (1) consult with the Secretary of the Interior

24 and the Corporation with respect to such activities;
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1 (2) cooperate with the Secretary of the Interior

2 and the Corporation in carrying out its duties under

3 this Act and, to the maximum extent practicable, co4 ordinate such activities with the carrying out of such

5 duties; and

6 (3) to the maximum extent practicable, conduct

7 or support such activities in a manner which the

8 Corporation determines will not have an adverse af9 fect on the Area.

10 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated such sums

12 as may be necessary to carry out the purposes of this Act.

13 SECTION 1. SHORT TITLE.

14 This Act may be cited as the ‘‘Wheeling National Her15 itage Area Act of 1994’’.

16 SEC. 2. FINDINGS AND PURPOSES.

17 (a) FINDINGS.—The Congress finds that—

18 (1) The area in and around Wheeling, West Vir19 ginia, possesses important historical, cultural, and

20 natural resources, representing major heritage themes

21 of transportation, commerce and industry, and Vic22 torian culture in the United States.

23 (2) The City of Wheeling has played an impor24 tant part in the settlement of this country by serving

25 as—
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1 (A) the western terminus of the National

2 Road in the early 1800’s;

3 (B) the ‘‘Crossroads of America’’ throughout

4 the nineteenth century;

5 (C) one of the few major inland ports in the

6 nineteenth century; and

7 (D) the site for the establishment of the Re8 stored State of Virginia, and later the State of

9 West Virginia during the Civil War years and as

10 the first capital of the new State of West Vir11 ginia.

12 (3) The City of Wheeling has also played an im13 portant role in the industrial and commercial herit14 age of the United States, through the development and

15 maintenance of many industries crucial to the Na16 tion’s expansion, including iron and steel, textile

17 manufacturing, boat building, glass manufacturing,

18 and stogie and chewing tobacco manufacturing facili19 ties, many of which are industries that continue to

20 play an important role in the Nation’s economy.

21 (4) The City of Wheeling has retained its na22 tional heritage themes with the designations of the old

23 custom house, now Independence Hall, as a National

24 Historic Landmark; with the designation of the his25 toric suspension bridge as a National Historic Land-
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1 mark; with five historic districts, and many individ2 ual properties in the Wheeling area listed or eligible

3 for nomination to the National Register of Historic

4 Places.

5 (5) The heritage themes and number and diver6 sity of Wheeling’s remaining resources should be ap7 propriately retained, enhanced, and interpreted for

8 the education, benefit, and inspiration of the people

9 of the United States.

10 (6) In 1992 a comprehensive plan for the devel11 opment and administration of the Wheeling National

12 Heritage Area was completed for the National Park

13 Service, the City of Wheeling, and the Wheeling Na14 tional Heritage Task Force, including—

15 (A) an inventory of the natural and cul16 tural resources in the City of Wheeling;

17 (B) criteria for preserving and interpreting

18 significant natural and historic resources;

19 (C) a strategy for the conservation, preser20 vation, and reuse of the historical and cultural

21 resources in the City of Wheeling and the region;

22 and

23 (D) an implementation agenda by which

24 the State of West Virginia and local governments

25 can program their resources as well as a com-
19

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1 plete description of the management entity re2 sponsible for implementing the plan.

3 (b) PURPOSES.—The purposes of this Act are to—

4 (1) recognize the special importance of the his5 tory and development of the Wheeling area in the cul6 tural heritage of the Nation;

7 (2) provide a framework to assist the City of

8 Wheeling and other public and private entities and

9 individuals in the appropriate preservation, enhance10 ment, and interpretation of significant resources in

11 the Wheeling area emblematic of Wheeling’s contribu12 tions to the Nation’s cultural heritage.

13 (3) allow for limited Federal, State and local

14 capital contributions for planning and infrastructure

15 investments to create the Wheeling National Heritage

16 Area, in partnership with the State of West Virginia

17 and the City of Wheeling, and its designees; and

18 (4) provide for an economically self-sustaining

19 National Heritage Area not dependent on Federal as20 sistance beyond the initial years necessary to establish

21 the heritage area.

22 SEC. 3. DEFINITIONS.

23 As used in this Act the term—
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1 (1) ‘‘Corporation’’ means the Wheeling National

2 Heritage Area Corporation as described in section 5

3 of this Act;

4 (2) ‘‘heritage area’’ means the Wheeling National

5 Heritage Area established in section 4 of this Act;

6 (3) ‘‘plan’’ refers to the plan for the Wheeling

7 National Heritage Area, prepared for the Wheeling

8 National Heritage Area Task Force, the City of

9 Wheeling, and the National Park Service, published

10 in August 1992; and

11 (4) ‘‘Secretary’’ means the Secretary of the Inte12 rior.

13 SEC. 4. ESTABLISHMENT OF NATIONAL HERITAGE AREA.

14 In furtherance of the purposes of this Act, there is here15 by established the Wheeling National Heritage Area in the

16 State of West Virginia. The heritage area shall include those

17 lands and waters as generally depicted on the map entitled,

18 ‘‘Boundary Map, Wheeling National Heritage Area, Wheel19 ing, West Virginia’’, dated March 1994, which shall be on

20 file and available for public inspection in the appropriate

21 offices of the National Park Service, Department of the Inte22 rior.
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1 SEC. 5. WHEELING NATIONAL HERITAGE AREA CORPORA2 TION.

3 (a) ESTABLISHMENT.—There is hereby established the

4 Wheeling National Heritage Area Corporation. The Cor5 poration shall be structured as a private, non-profit, tax6 exempt entity.

7 (b) MISSION.—The Corporation’s primary mission

8 shall be to implement and coordinate the recommendations

9 contained in the plan, ensure integrated operation of the

10 heritage area, conserve and interpret the historic and cul11 tural resources of the heritage area, and to become a finan12 cially self-sustaining entity. In support of its primary mis13 sion, the Corporation shall also direct and coordinate the

14 diverse conservation, development, programming, edu15 cational, and interpretive activities within the heritage

16 area.

17 SEC. 6. DUTIES OF THE CORPORATION.

18 (a) RECOGNITION OF PLAN.—The Corporation shall

19 work with the State of West Virginia and local governments

20 to ensure that the plan is formally adopted by the City of

21 Wheeling and recognized by the State of West Virginia.

22 (b) IMPLEMENTATION.—In implementing the plan, the

23 Corporation shall, to the extent practicable—

24 (1) implement the recommendations contained in

25 the plan in a timely fashion pursuant to the schedule

26 identified in the plan;
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1 (2) coordinate its activities with those of the City

2 of Wheeling, the State of West Virginia, and the Fed3 eral Government;

4 (3) ensure the conservation and interpretation of

5 the heritage area’s historical, cultural, and natural

6 resources, including—

7 (A) assisting the State of West Virginia and

8 the City of Wheeling in appropriate preservation

9 treatment of the sites, buildings, and objects list10 ed or eligible for listing on the National Register

11 of Historic Places;

12 (B) increasing awareness and appreciation

13 of the City of Wheeling’s cultural heritage and

14 ongoing traditions;

15 (C) assisting the State of West Virginia or

16 City of Wheeling in designing, establishing, and

17 maintaining one or more visitor centers and

18 other interpretive exhibits in the heritage area;

19 (D) assisting in the enhancement of public

20 awareness and appreciation for the historical

21 and architectural and geological resources and

22 sites in the heritage area;

23 (E) assisting the State of West Virginia (or

24 a political subdivision thereof) or any nonprofit
23

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1 organization in the restoration of any historic

2 building in the heritage area; and

3 (F) encouraging the City of Wheeling and

4 other local governments to adopt land use poli5 cies consistent with the goals of the plan, and to

6 take actions to implement those policies;

7 (4) cooperate with and assist entities whose goals

8 and purposes are consistent with the goals and pur9 poses of the Corporation;

10 (5) encourage intergovernmental and interagency

11 cooperation in the achievement of these objectives;

12 (6) develop recommendations for design stand13 ards; and

14 (7) seek to create public/private partnerships to

15 finance projects and initiatives within the heritage

16 area.

17 (c) ANNUAL REPORT AND PLAN OF OPERATIONS.—The

18 Corporation shall submit an annual report to the Secretary,

19 setting forth the Corporation’s accomplishments, expenses

20 and income, and the entities to which any loans and grants

21 were made during the previous year, and a plan of oper22 ations for the upcoming year.
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1 SEC. 7. POWERS OF THE CORPORATION.

2 (a) STAFF.—The Corporation shall have the power to

3 appoint and fix the compensation of such staff as may be

4 necessary to carry out its duties.

5 (b) DETAIL OF FEDERAL PERSONNEL.—Upon request

6 of the Corporation, the head of any Federal agency may

7 detail, on a reimbursable basis, any of the personnel of such

8 agency to the Corporation to assist the Corporation in car9 rying out its duties.

10 (c) DETAIL OF STATE PERSONNEL.—The Corporation

11 may accept the services of personnel detailed from the State

12 of West Virginia (or a political subdivision thereof), and

13 may reimburse the State (or political subdivision thereof).

14 (d) EXPERTS AND CONSULTANTS.—The Corporation

15 may procure temporary and intermittent services to the

16 same extent as is authorized by section 3109(b) of title 5,

17 United States Code, but at rates determined by the Corpora18 tion to be reasonable.

19 (e) ADMINISTRATIVE SUPPORT.—The Administrator of

20 the General Services Administration shall provide to the

21 Corporation, on a reimbursable basis, such administrative

22 facilities and support services as the Corporation may re23 quest.

24 (f) USE OF FUNDS TO OBTAIN MONEY.—The Corpora25 tion may use its funds to obtain money from any source

26 under any program or law requiring the recipient of such
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1 money to make a contribution in order to receive such

2 money.

3 (g) PROMOTION AND MARKETING.—The Corporation

4 may spend funds on promotion and marketing consistent

5 with the resources and associated values of the heritage area

6 so as to attract and support visitation.

7 (h) GIFTS.—(1) Except as provided in paragraph

8 (k)(B)(ii), the Corporation may, for the purpose of carrying

9 out its duties, seek, accept, and dispose of gifts, bequests,

10 or donations of money, personal property, or services re11 ceived from any source.

12 (2) For purposes of section 170(c) of the Internal Reve13 nue Code, any gift to the Corporation shall be deemed to

14 be a gift to the United States.

15 (i) ACQUISITION OF REAL PROPERTY.—(A) Except as

16 provided in paragraph (B) and except with respect to the

17 leasing of facilities, the Corporation may not acquire any

18 real property or interest therein.

19 (B) Subject to paragraph (C), the Corporation may

20 acquire real property, or interest therein, within the herit21 age area—

22 (i) by gift or devise; or

23 (ii) by purchase from a willing seller with

24 money which was given, bequeathed, appropriated, or

25 otherwise made available to the Corporation on the
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1 condition that such money be used to purchase real

2 property, or an interest therein, within the heritage

3 area.

4 (C) Any real property or interest therein acquired by

5 the Corporation pursuant to paragraph (B) shall be con6 veyed in perpetuity by the Corporation to an appropriate

7 public or private agency, as determined by the Corporation.

8 Any such conveyance shall be made as soon as practicable

9 after acquisition, without consideration, and on the condi10 tion that the real property or interest therein so conveyed

11 shall be used for public purposes.

12 SEC. 8. DUTIES OF THE SECRETARY.

13 (a) INTERPRETIVE SUPPORT.—The Secretary may,

14 upon request of the Corporation, provide appropriate inter15 pretive, planning, educational, staffing, exhibits, and other

16 materials for the heritage area, consistent with the plan and

17 as appropriate to the resources and associated values of the

18 heritage area.

19 (b) CAPITAL IMPROVEMENTS AND INITIAL OPERATING

20 FUNDING.—The Secretary is authorized to provide funds

21 for capital improvements to projects within the heritage

22 area, and for a period not to exceed 5 years, provide initial

23 operating funding for the Corporation, consistent with the

24 plan.
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1 (c) TECHNICAL ASSISTANCE.—The Secretary shall,

2 upon the request of the Corporation and consistent with the

3 plan, provide technical assistance to the Corporation in the

4 preparation of any plans or studies and for the implemen5 tation of any plans as set out in section 7(b).

6 (d) COOPERATIVE AGREEMENTS, LOANS AND

7 GRANTS.—For purposes of assisting in the implementation

8 of the plan, the Secretary may, in consultation with the

9 Corporation, make loans and grants to, and enter into coop10 erative agreements with the Corporation, the State of West

11 Virginia (or a political subdivision thereof), non-profit or12 ganizations, or any person.

13 (e) AMENDMENTS TO PLAN.—No amendments to the

14 plan may be made unless approved by the Secretary. The

15 Secretary shall consult with the Corporation in reviewing

16 any proposed amendments.

17 SEC. 9. DUTIES OF OTHER FEDERAL ENTITIES.

18 Any Federal department, agency, or other entity con19 ducting or supporting activities directly affecting the herit20 age area shall—

21 (1) consult with the Secretary and the Corpora22 tion with respect to such activities;

23 (2) cooperate with the Secretary and the Cor24 poration in carrying out its duties under this Act

25 and, to the maximum extent practicable, coordinate
28

•S 1341 RS

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 Cor5 poration determines will not have an adverse effect on

6 the heritage area.

7 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated such sums as

9 may be necessary to carry out this Act. With respect to co10 operative agreements, loans and grants awarded pursuant

11 to section 8(d), the Secretary is authorized to expend not

12 more than 50 percent of the aggregate cost.