II

103D CONGRESS

1ST SESSION S. 1585

To provide for the establishment of the Ohio River Corridor Study

Commission, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 25 (legislative day, OCTOBER 13), 1993

Mr. SIMON (for himself and Mr. COATS) introduced the following bill; which

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

Resources

A BILL

To provide for the establishment of the Ohio River Corridor

Study Commission, 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 ‘‘Ohio River Corridor

5 Study Commission Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the amenities and resources of the Ohio

9 River, which flows through 6 States from its head10 waters in Pennsylvania to its confluence with the
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1 Mississippi River and comprises a chain of commer2 cial, industrial, historical, archaeological, natural,

3 recreational, scenic, wildlife, urban, rural, cultural,

4 and economic areas, are of major significance and

5 importance to the United States;

6 (2) the national interest is served by—

7 (A) preserving, protecting, and improving

8 the amenities and resources of the Ohio River

9 for the benefit of the people of the United

10 States; and

11 (B) improving the coordination between all

12 levels of government in the Ohio River Corridor;

13 (3) efforts to preserve, protect, and improve the

14 amenities and resources of the Ohio River are inad15 equate despite efforts by the States through which

16 the Ohio River flows, political subdivisions of the

17 States, and volunteer associations and private busi18 nesses in the States;

19 (4) Federal agency programs are insufficient to

20 coordinate State and local planning and regulatory

21 authorities to provide for resource management and

22 economic development in a manner that is consistent

23 with the protection and public use of the amenities

24 and resources of the Corridor; and
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1 (5) the Federal Government should assist in the

2 coordination, preservation, and interpretation activi3 ties of public and private entities with respect to the

4 significant amenities and resources associated with

5 the Ohio River.

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

7 (1) to focus attention on the unique and nation8 ally significant resources of the Ohio River Corridor;

9 (2) to provide a means and stimulus for coordi10 nating the preservation, protection, improvement,

11 enjoyment, and utilization of the resources of the

12 Ohio River Corridor; and

13 (3) to establish a national entity to gather, as14 sess, and disseminate information on the historic,

15 economic, natural, recreational, scenic, and cultural

16 opportunities in the Ohio River Corridor.

17 SEC. 3. DEFINITIONS.

18 For purposes of this Act:

19 (1) COMMISSION.—The term ‘‘Commission’’

20 means the Ohio River Corridor Study Commission

21 established under section 4.

22 (2) OHIO RIVER CORRIDOR; CORRIDOR.—The

23 terms ‘‘Ohio River Corridor’’ and ‘‘Corridor’’ mean

24 the Ohio River from Pittsburgh, Pennsylvania, to

25 Cairo, Illinois, and an area extending from the edge
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1 of the river to the landward boundary of each county

2 along the designated length of the river.

3 (3) OHIO RIVER STATE.—The term ‘‘Ohio River

4 State’’ means each of the States of Illinois, Ken5 tucky, Indiana, Ohio, West Virginia, and Pennsylva6 nia.

7 SEC. 4. OHIO RIVER STUDY COMMISSION.

8 (a) ESTABLISHMENT.—There is established a com9 mission to be known as the Ohio River Corridor Study

10 Commission.

11 (b) DUTIES OF THE COMMISSION.—

12 (1) STUDY.—The Commission shall study and

13 make recommendations regarding—

14 (A) the feasibility of establishing an Ohio

15 River National Heritage Corridor for the Ohio

16 River Corridor; and

17 (B) the preservation, protection, improve18 ment, enjoyment, and utilization of the historic,

19 economic, natural, recreational, scenic, and cul20 tural resources of the Corridor consistent with

21 this Act.

22 (2) INFORMATION COLLECTION; CONSULTA23 TION.—As part of the study conducted under para24 graph (1), the Commission shall—
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1 (A) assess the preservation, protection, im2 provement, enjoyment, and utilization potential

3 of the historic, economic, natural, recreational,

4 scenic, and cultural resources of the Corridor;

5 (B) collect information dealing with ongo6 ing activities, management plans, and opportu7 nities regarding historic, economic, natural, rec8 reational, scenic, and cultural resources in the

9 Corridor;

10 (C) make such information available to

11 Federal agencies, States, and political subdivi12 sions of States, tribal governments, educational

13 institutions, volunteer associations, and private

14 businesses to assist such entities in undertaking

15 activities to preserve, protect, improve, or utilize

16 the historic, economic, natural, recreational,

17 scenic, or cultural resources of the Corridor;

18 (D) consult with the Ohio River Valley

19 Water Sanitation Commission and the Ohio

20 River Basin Commission, and cooperate with

21 the commissions and such associations in the

22 performance of its duties;

23 (E) provide a forum for the consideration

24 of resource issues relating to the Corridor;
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1 (F) seek and encourage the participation

2 of affected State and local governments, inter3 ested citizens, public officials, groups, agencies,

4 educational institutions, and others in the pres5 ervation, protection, improvement, enjoyment,

6 and utilization of the resources of the Corridor;

7 (G) recommend methods and means for

8 educating the general population about the na9 tional importance and value of the Ohio River

10 as a natural resource and national treasure;

11 and

12 (H) make the Commission accessible to

13 such groups, agencies, and citizens by holding

14 at least one well-publicized public hearing in

15 each State within the Corridor.

16 (3) REPORT.—The Commission shall prepare a

17 report that—

18 (A) specifies the results of the study con19 ducted under paragraph (1); and

20 (B) contains—

21 (i) a description of the Ohio River

22 Corridor and the proposed boundaries of

23 an Ohio River National Heritage Corridor

24 (if so recommended) showing the corridor

25 and such zones as may be appropriate;
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1 (ii) an inventory and assessment of

2 the historic, economic, natural, rec3 reational, scenic, and cultural resources of

4 the Corridor;

5 (iii) specific preservation and interpre6 tation goals;

7 (iv) proposed management strategies

8 whereby the funds, data, personnel, and

9 authorities of public and private entities

10 may be combined and coordinated in fur11 therance of the purposes of this Act; and

12 (v) such recommendations as the

13 Commission may deem appropriate with

14 respect to clauses (i) through (iv) and with

15 respect to public access to and interpreta16 tion of the natural and cultural resources

17 of the river and related outdoor recreation

18 opportunities.

19 (c) ORGANIZATION OF THE COMMISSION.—

20 (1) MEMBERSHIP.—The Commission shall be

21 composed of 11 members including—

22 (A) the Director of the National Park

23 Service (or a designee of the Director);

24 (B) the Secretary of Transportation (or a

25 designee of the Secretary);
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1 (C) the Secretary of Commerce (or a des2 ignee of the Secretary);

3 (D) the Director of the United States Fish

4 and Wildlife Service (or a designee of the Direc5 tor);

6 (E) the Chief of Engineers of the Army

7 Corps of Engineers (or a designee of the Chief);

8 and

9 (F) one member from each Ohio River

10 State appointed by the Governor of such State.

11 (2) EX OFFICIO MEMBERS.—Members des12 ignated by clauses (A) through (E) of paragraph (1)

13 shall serve ex officio.

14 (3) INITIAL APPOINTMENTS.—Members of the

15 Commission appointed under clause (F) of para16 graph (1) shall be first appointed not later than 45

17 days after the date of enactment of this Act.

18 (4) VACANCIES.—A vacancy in the Commission

19 shall be filled in the manner in which the original

20 appointment is made.

21 (5) TERMS.—Members of the Commission ap22 pointed under clause (F) of paragraph (1) shall be

23 appointed for the life of the Commission.

24 (6) COMPENSATION.—Members of the Commis25 sion shall serve without compensation.
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1 (7) REIMBURSEMENT OF EXPENSES.—While

2 away from their homes or regular places of business

3 in the performance of services for the Commission,

4 members of the Commission shall be allowed travel

5 expenses, including a per diem allowance in lieu of

6 subsistence, in the same manner as persons em7 ployed intermittently in Government service are al8 lowed travel expenses under section 5703 of title 5,

9 United States Code.

10 (8) QUORUM.—

11 (A) IN GENERAL.—Seven members of the

12 Commission shall constitute a quorum, but a

13 lesser number of members may hold hearings.

14 (B) PROXY.—A member of the Commis15 sion may vote by means of a signed proxy exer16 cised by another member of the Commission,

17 but any member so voting shall not be consid18 ered present for purposes of establishing a

19 quorum.

20 (9) CHAIRPERSON.—As the first item of busi21 ness at the first meeting of the Commission, the

22 members of the Commission shall elect a chairperson

23 of the Commission from among the members ap24 pointed under subsection (c)(1)(F).

25 (10) MEETINGS.—
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1 (A) INITIAL MEETING.—Not later than 30

2 days after the members of the Commission are

3 first appointed, the Commission shall hold its

4 first meeting.

5 (B) SUBSEQUENT MEETINGS.—After the

6 initial meeting, the Commission shall meet at

7 the call of the chairperson or a majority of the

8 members.

9 (11) INTERIM RULES.—The Director of the Na10 tional Park Service (or a designee of the Director)

11 shall select the date of the first meeting and shall

12 serve as chairperson until the election of the chair13 person under paragraph (9).

14 (12) TECHNICAL COMMITTEE.—With the advice

15 and consent of the Commission members, the chair16 person may appoint a technical committee with rep17 resentation from various interest groups, profes18 sional agencies, or advocacy groups within the Ohio

19 River States with each State having at least one

20 member.

21 (13) WAIVER.—The provisions of section 14(b)

22 of the Federal Advisory Committee Act (5 U.S.C.

23 App.) are waived with respect to the Commission.

24 (d) STAFF; EXPERTS AND CONSULTANTS; PERSON25 NEL OF FEDERAL AGENCIES.—
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1 (1) LEAD AGENCY.—The National Park Service

2 shall, if personnel are available, staff and advise the

3 Commission.

4 (2) STAFF.—The Commission, if National Park

5 Service personnel are not available, with advice from

6 the Director of the National Park Service (or a des7 ignee of the Director), may appoint and fix the pay

8 of such staff as the Commission considers appro9 priate, subject to—

10 (A) the provisions of title 5, United States

11 Code, governing appointments in the competi12 tive service; and

13 (B) the provisions of chapter 51 and sub14 chapter III of chapter 53 of such title relating

15 to classification and General Schedule pay

16 rates.

17 (3) EXPERTS AND CONSULTANTS.—The Com18 mission, with advice from the Director of the Na19 tional Park Service (or a designee of the Director),

20 may procure temporary and intermittent services

21 under section 3109(b) of title 5, United States Code.

22 (4) PERSONNEL OF STATES AND POLITICAL

23 SUBDIVISIONS.—The Commission may—
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1 (A) accept the services of personnel de2 tailed from an Ohio River State or a political

3 subdivision of an Ohio River State; and

4 (B) reimburse such State or such subdivi5 sion for such services.

6 (5) PERSONNEL OF FEDERAL AGENCIES.—At

7 the request of the Commission, with the advice of

8 the Director of the National Park Service (or a des9 ignee of the Director), the head of any Federal

10 agency may detail, on a reimbursable basis, any of

11 the personnel of such agency to the Commission to

12 assist the Commission in carrying out its duties

13 under this Act.

14 (e) POWERS OF THE COMMISSION.—

15 (1) HEARINGS AND SESSIONS.—The Commis16 sion may hold such hearings, sit and act at such

17 times and places, take such testimony, and receive

18 such evidence as the Commission considers appro19 priate to carry out this Act.

20 (2) POWERS OF MEMBERS AND AGENTS.—Any

21 member or agent of the Commission may, if so au22 thorized by the Commission, take any action which

23 the Commission is authorized to take by this section.

24 (3) MAILS.—The Commission may use the

25 United States mails in the same manner and under
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1 the same conditions as other departments and agen2 cies of the United States.

3 (4) ADMINISTRATIVE SUPPORT SERVICES.—The

4 Administrator of General Service shall provide to the

5 Commission on a reimbursable basis such adminis6 trative support services as the Commission may

7 request.

8 (f) SUBMISSION OF REPORTS.—

9 (1) INTERIM REPORT.—Not later than 2 years

10 after the date of the first meeting of the Commis11 sion, the Commission shall submit to the President,

12 the Speaker of the House of Representatives, the

13 President of the Senate, and the Governor of each

14 Ohio River State a report describing the progress of

15 the Commission in carrying out the duties of the

16 Commission under subsection (b).

17 (2) FINAL REPORT.—Not later than 3 years

18 after the date of the first meeting of the Commis19 sion, the Commission shall submit to the President,

20 the Speaker of the House of Representatives, the

21 President of the Senate, and the Governor of each

22 Ohio River State the report required by subsection

23 (b)(3).

24 (g) TERMINATION OF COMMISSION.—Notwithstand25 ing section 14(a)(2) of the Federal Advisory Committee
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1 Act (5 U.S.C. App.), the Commission shall cease to exist

2 90 days after submitting the report required by subsection

3 (b)(3).

4 SEC. 5. CONSENT TO NEGOTIATE PROPOSED COMPACTS.

5 The consent and approval of Congress are hereby

6 given to each Ohio River State to enter into an interstate

7 agreement or compact with 1 or more of any other Ohio

8 River State in furtherance of this Act or the study referred

9 to in section 4(b)(1).

10 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

11 There is authorized to be appropriated to carry out

12 this Act such sums as may be necessary to be available

13 until expended during the 3 years in which the Commis14 sion is in existence.

Æ