II

103D CONGRESS

2D SESSION S. 1818

To establish the Ohio & Erie Canal National Heritage Corridor in the State

of Ohio as an affiliated area of the National Park System, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 2 (legislative day, JANUARY 25), 1994

Mr. METZENBAUM (for himself and Mr. GLENN) introduced the following bill;

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

A BILL

To establish the Ohio & Erie Canal National Heritage Corridor in the State of Ohio as an affiliated area of the

National Park System, 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 & Erie Canal

5 National Heritage Corridor Act of 1994’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds the following:

8 (1) The Ohio & Erie Canal, which opened for

9 commercial navigation in 1832, was the first inland
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1 waterway to connect the Great Lakes at Lake Erie

2 with the Gulf of Mexico via the Ohio and Mississippi

3 Rivers and was part of a canal network in Ohio that

4 was one of the most extensive and successful sys5 tems in America during a time when canals were es6 sential to the growth of the Nation.

7 (2) The Ohio & Erie Canal spurred economic

8 growth in the State of Ohio that took the State from

9 near bankruptcy to the third most economically

10 prosperous State in the Union in just 20 years.

11 (3) A 4-mile section of the Ohio & Erie Canal

12 was designated a National Historic Landmark in

13 1966 and other portions of the Ohio & Erie Canal

14 and many associated structures were placed on the

15 National Register of Historic Places.

16 (4) In 1974, 19 miles of the Ohio & Erie Canal

17 were declared nationally significant under National

18 Park Service new area criteria with the designation

19 of Cuyahoga Valley National Recreation Area.

20 (5) The National Park Service determined that

21 the Ohio & Erie Canal is nationally significant in a

22 1975 study entitled ‘‘Suitability/Feasibility Study,

23 Proposed Ohio & Erie Canal’’.

24 (6) A 1993 special resource study of the Ohio

25 & Erie Canal Corridor conducted by the National
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1 Park Service entitled ‘‘A Route to Prosperity’’ con2 cluded that the corridor is eligible as a National

3 Heritage Corridor, an affiliated unit of the National

4 Park System.

5 (b) PURPOSE.—The purpose of this Act is—

6 (1) to preserve and interpret for the educational

7 and inspirational benefit of present and future gen8 erations the unique and significant contributions to

9 our national heritage of certain historic and cultural

10 lands, waterways, and structures within the 87-mile

11 Ohio & Erie Canal Corridor between Cleveland and

12 Zoar; and

13 (2) to provide a management framework to as14 sist the State of Ohio and its political subdivisions

15 in developing and implementing an integrated Cor16 ridor Management Plan and developing policies and

17 programs that will preserve, enhance, and interpret

18 the cultural, historical, natural, recreation, and sce19 nic resources of the corridor.

20 SEC. 3. DEFINITIONS.

21 For the purposes of this Act—

22 (1) the term ‘‘corridor’’ means the Ohio & Erie

23 Canal National Heritage Corridor established under

24 section 4;
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1 (2) the term ‘‘Commission’’ means the Ohio &

2 Erie Canal National Heritage Corridor Commission

3 established under section 5; and

4 (3) the term ‘‘Corridor Management Plan’’

5 means the management plan developed under section

6 8.

7 SEC. 4. OHIO & ERIE CANAL NATIONAL HERITAGE COR8 RIDOR.

9 (a) ESTABLISHMENT.—There is established in the

10 State of Ohio the Ohio & Erie Canal National Heritage

11 Corridor.

12 (b) BOUNDARIES.—

13 (1) IN GENERAL.—The boundaries of the cor14 ridor are generally the route of the Ohio & Erie

15 Canal from Cleveland to Zoar, Ohio, as depicted in

16 the 1993 National Park Service special resources

17 study entitled ‘‘A Route to Prosperity’’.

18 (2) DETAIL.—The boundaries shall be specified

19 in detail in the Corridor Management Plan, prepared

20 and approved pursuant to section 7(a).

21 (c) ADMINISTRATION.—The corridor shall be admin22 istered in accordance with this Act.

23 SEC. 5. THE OHIO & ERIE CANAL NATIONAL HERITAGE

24 CORRIDOR COMMISSION.

25 (a) ESTABLISHMENT.—
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1 (1) IN GENERAL.—There is established the

2 Ohio & Erie Canal National Heritage Corridor Com3 mission.

4 (2) RESPONSIBILITIES.—The Commission shall

5 assist Federal, State, and local authorities and the

6 private sector in developing and implementing an in7 tegrated management plan for the corridor.

8 (b) MEMBERSHIP.—The Commission shall be com9 posed of 21 members, including—

10 (1) the Director of the National Park Service,

11 ex officio, or a delegate of the Director;

12 (2) 2 individuals appointed by the Secretary

13 from recommendations submitted by the Governor of

14 Ohio, who shall be representatives of the Directors

15 of the Ohio Department of Natural Resources and

16 the Ohio Historical Society;

17 (3) 8 individuals appointed by the Secretary

18 from recommendations submitted by the county

19 commissioners or county chief executive of the Ohio

20 counties of Cuyahoga, Summit, Stark, and

21 Tuscarawas, of which—

22 (A) 4 individuals shall be representatives

23 of the Planning offices of each county; and

24 (B) 4 individuals shall represent a munici25 pality in each of the counties;
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1 (4) 3 individuals appointed by the Secretary

2 from recommendations submitted by the county or

3 metropolitan park boards of the Ohio counties of

4 Cuyahoga, Summit, and Stark;

5 (5) 1 individual with knowledge and experience

6 in the field of historic preservation, appointed by the

7 Secretary from recommendations made by the Direc8 tor of the National Park Service;

9 (6) 1 individual with knowledge and experience

10 in the field of historic preservation, appointed by the

11 Secretary from recommendations made by the Ohio

12 Historic Preservation Officer;

13 (7) 1 individual who shall be a director of a

14 convention and tourism bureau from within the cor15 ridor, appointed by the Secretary from recommenda16 tions made by the Director of the Ohio Department

17 of Travel and Tourism; and

18 (8) 4 individuals appointed by the Secretary

19 from recommendations submitted by the Greater

20 Cleveland Growth Association, the Akron Regional

21 Development Board, the Stark Development Board,

22 and the Tuscarawas County Chamber of Commerce,

23 who shall represent business and industry in each of

24 the 4 counties.

25 (c) PERIOD OF APPOINTMENT.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), members of the Commission shall be ap3 pointed for terms of 3 years and may be reappointed

4 after the expiration of each term.

5 (2) INITIAL APPOINTMENTS.—The Secretary

6 shall appoint the initial members of the Commission

7 not later than 6 months after the date of enactment

8 of this Act. Of the members first appointed—

9 (A) the members appointed pursuant to

10 subsection (b)(3)(B) shall be appointed to a

11 term of 2 years and may not be reappointed to

12 a consecutive term;

13 (B) the member appointed pursuant to

14 subsection (b)(7) shall be appointed to a term

15 of 2 years and may not be reappointed to a con16 secutive term; and

17 (C) the members appointed pursuant to

18 subsections (b)(5) and (b)(8) shall be appointed

19 to a term of 2 years and may be reappointed.

20 (d) VACANCIES.—

21 (1) IN GENERAL.—Except as provided in para22 graph (2), a vacancy in the Commission shall be

23 filled in the manner in which the original appoint24 ment was made.
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1 (2) LIMITATIONS.—Any member appointed to

2 fill a vacancy occurring before the expiration of the

3 term for which the predecessor of such vacancy was

4 appointed shall be appointed only for the remainder

5 of such term. Any member of the Commission ap6 pointed for a definite term may serve after the expi7 ration of the term until a successor has taken office.

8 (e) PERSONNEL MATTERS.—

9 (1) COMPENSATION OF MEMBERS.—Each mem10 ber of the Commission who is not an officer or em11 ployee of the Federal Government shall serve with12 out compensation. Each member of the Commission

13 who is an officer or employee of the Federal Govern14 ment shall serve without compensation in addition to

15 that received for their service as officers or employ16 ees of the Federal Government.

17 (2) TRAVEL EXPENSES.—The members of the

18 Commission shall be allowed travel expenses, includ19 ing per diem in lieu of subsistence, at rates author20 ized for persons employed intermittently in the Gov21 ernment service under section 5703 of title 5, Unit22 ed States Code.

23 (f) CHAIRPERSON.—The members of the Commission

24 shall elect a Chairperson from among the members of the

25 Commission. The Chairperson shall serve in such capacity
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1 until the expiration of the term of the member elected as

2 Chairperson.

3 (g) QUORUM.—Eleven members of the Commission

4 shall constitute a quorum. The affirmative vote of not less

5 than 11 members of the Commission shall be required to

6 approve the budget of the Commission.

7 (h) MEETINGS.—The Commission shall meet at least

8 quarterly at the call of the chairperson or 11 of its mem9 bers. Meetings of the Commission shall be subject to sec10 tion 552b of title 5, United States Code (relating to open

11 meetings).

12 (i) STAFF.—

13 (1) IN GENERAL.—The Commission may, with14 out regard to civil service laws and regulations, ap15 point and fix the compensation of such staff as may

16 be necessary to enable the Commission to carry out

17 its duties. The Commission shall appoint a Director

18 and such specialists the Commission considers nec19 essary or appropriate in such areas as planning,

20 community development, interpretive services, his21 toric preservation, recreation, natural resources,

22 commerce and industry, education, financing, and

23 public relations.

24 (2) COMPENSATION.—The Commission may fix

25 the compensation of the Director and other person-
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1 nel without regard to the provisions of chapter 51

2 and subchapter III of chapter 53 of title 5, United

3 States Code, relating to classification of positions

4 and General Schedule pay rates, except that no indi5 vidual so appointed may receive pay in excess of the

6 annual rate payable for grade GS–15 of the General

7 Schedule.

8 (j) EXPERTS AND CONSULTANTS.—Subject to such

9 rules as may be adopted by the Commission, the Commis10 sion may procure temporary and intermittent services

11 under section 3109(b) of title 5, United States Code, at

12 rates determined by the Commission to be reasonable.

13 (k) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

14 request of the Commission, the head of any Federal agen15 cy may detail, on a reimbursable basis, the personnel of

16 such agency to the Commission to assist the Commission

17 in carrying out its duties. The Commission may accept

18 the services of personnel detailed from the State of Ohio,

19 and any political subdivision thereof, and may reimburse

20 the State or political subdivision for the services.

21 (l) ADMINISTRATIVE SUPPORT.—The Administrator

22 of General Services shall provide such administrative sup23 port services as the Commission may request, on a reim24 bursable basis.
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1 SEC. 6. POWERS OF THE COMMISSION.

2 (a) HEARINGS.—The Commission may, for the pur3 pose of carrying out this Act, hold such hearings, sit and

4 act at such times and places, take such testimony, and

5 receive such evidence, as the Commission considers appro6 priate. The Commission may not issue subpoenas or exer7 cise subpoena authority.

8 (b) BYLAWS.—The Commission may make such by9 laws, rules, and regulations, consistent with this Act, as

10 it considers necessary to carry out its functions under this

11 Act.

12 (c) POWERS OF MEMBERS AND AGENTS.—Any mem13 ber or agent of the Commission, if so authorized by the

14 Commission, may take any action which the Commission

15 is authorized to take by this Act.

16 (d) MAILS.—The Commission may use the United

17 States mails in the same manner and under the same con18 ditions as other departments and agencies of the United

19 States.

20 (e) USE OF FUNDS TO OBTAIN MONEY.—The Com21 mission may use its funds to obtain money from any

22 source under any program or law requiring the recipient

23 of such money to make a contribution in order to receive

24 such money.
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1 (f) RETAINING REVENUES.—The Commission may

2 retain revenue from the sale or lease of any goods or serv3 ices.

4 (g) GIFTS.—Except as provided in subsection (h), the

5 Commission may, for the purposes of carrying out its du6 ties, seek, accept, and dispose of gifts, bequests, or dona7 tions of money, personal property, or services, received

8 from any source. For purposes of section 170(c) of the

9 Internal Revenue Code of 1986, any gift to the Commis10 sion shall be deemed to be a gift to the United States.

11 (h) ACQUISITION AND DISPOSITION OF REAL PROP12 ERTY.—

13 (1) IN GENERAL.—Except as provided in para14 graphs (2) and (3), the Commission may not acquire

15 real property, or interests in real property, in the

16 corridor.

17 (2) CONDITIONS FOR ACQUISITION.—Subject to

18 paragraph (3), the Commission may acquire real

19 property, or interests in real property, in the cor20 ridor—

21 (A) by gift or devise;

22 (B) by purchase from a willing seller using

23 donated or appropriated land acquisition funds;

24 or

25 (C) by exchange.
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1 (3) CONVEYANCE.—Any real property or inter2 est in real property acquired by the Commission

3 under paragraph (2) shall be conveyed by the Com4 mission to an appropriate public agency or private

5 nonprofit organization, as determined by the Com6 mission—

7 (A) as soon as practicable after such acqui8 sition; and

9 (B) on the condition that the real property

10 or interest in real property limits use of the

11 property to uses consistent with the purpose of

12 this Act.

13 (4) DISPOSAL OF PROPERTY.—The Commission

14 may with approval of the Secretary, sell any real

15 property or interest in real property pursuant to

16 subparagraphs (A) and (B) of paragraph (2) and re17 tain the revenue from the sale.

18 (i) COOPERATIVE AGREEMENTS AND TECHNICAL AS19 SISTANCE.—For the purposes of implementing the Cor20 ridor Management Plan, the Commission may enter coop21 erative agreements with, or provide technical assistance to,

22 Federal agencies, the State of Ohio, political subdivisions

23 of the State, corporations, and persons. Any such coopera24 tive agreement shall, at a minimum, establish procedures

25 for providing notice to the Commission of any action pro-
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1 posed by Federal agencies, the State of Ohio, any political

2 subdivision of the State, any corporations, or any such

3 person which may affect the implementation of the Cor4 ridor Management Plan.

5 (j) LOANS AND GRANTS.—Consistent with the pur6 poses of this Act, the Commission may make loans and

7 grants to the State of Ohio, political subdivision of the

8 State, corporations, or persons, from appropriated funds

9 or from funds donated or otherwise made available to the

10 Commission. The Commission shall provide advice and as11 sistance in preparation of loan or grant applications to the

12 Commission and applications for loans or grants from

13 other Federal or non-Federal sources in furtherance of

14 this Act. Any loan made under this subsection shall be

15 for a term expiring before the termination of the Commis16 sion.

17 (k) TECHNICAL ADVISORY GROUPS.—Not later than

18 1 year after the date on which the Commission holds its

19 first meeting, the Commission shall establish public tech20 nical advisory groups to assist the Commission in carrying

21 out its duties in the areas of economic development, his22 toric preservation, natural resources, tourism, recreation

23 and open space, and transportation. The Commission may

24 establish additional technical advisory groups as needed

25 to carry out its duties.
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1 (l) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT

2 AFFECTED.—Nothing in this Act shall be construed to af3 fect or to authorize the Commission to interfere with—

4 (1) the rights of any person with respect to pri5 vate property; or

6 (2) any local zoning ordinance or land use plan

7 of the State of Ohio or a political subdivision of such

8 State.

9 SEC. 7. DUTIES OF THE COMMISSION.

10 (a) CORRIDOR MANAGEMENT PLAN.—

11 (1) PERIOD FOR DEVELOPMENT.—Not later

12 than 18 months after the date on which the Com13 mission conducts its first meeting, the Commission

14 shall submit a management plan for the corridor to

15 the Secretary and the Governor of Ohio for review

16 and approval.

17 (2) TECHNICAL ASSISTANCE.—The Secretary

18 shall, upon request of the Commission, provide as19 sistance to the Commission in the preparation and

20 implementation of the plan.

21 (3) PLAN REQUIREMENTS.—The plan shall take

22 into consideration State, county, and local plans ex23 isting on the date on which the plan is prepared,

24 and public involvement. The plan shall—
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1 (A) provide an inventory that includes any

2 property in the corridor that should be pre3 served, restored, managed, developed, or main4 tained because of its natural, cultural, historic,

5 recreational, or scenic significance;

6 (B) provide an analysis of current and po7 tential land uses within the corridor that affect

8 the character of the corridor;

9 (C) determine the boundaries of the cor10 ridor based on the information collected pursu11 ant to subparagraphs (A) and (B);

12 (D) establish standards and criteria appli13 cable to the construction, preservation, restora14 tion, alteration, and use of significant prop15 erties within the corridor;

16 (E) include a heritage interpretation plan

17 to interpret the resources and values of the cor18 ridor, and provide for appropriate educational,

19 recreational, and tourism opportunities and de20 velopment;

21 (F) contain policies for land use manage22 ment that consider and detail the application of

23 appropriate land and water management tech24 niques not limited to local zoning, use of ease25 ments, and intergovernmental cooperative
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1 agreements, so as to protect and enhance the

2 historic, cultural, natural, scenic, and rec3 reational resources of the corridor in a manner

4 consistent with supporting economic develop5 ment efforts;

6 (G) include a public access and transpor7 tation plan that integrates corridor resources

8 within and outside corridor boundaries;

9 (H) contain a coordination and consistency

10 component which details the way in which local,

11 State, and Federal programs will be coordi12 nated to promote the purposes of this Act; and

13 (I) contain a Federal, State, and local gov14 ernment implementation plan that includes cost

15 estimates, schedules, and a commitment of re16 sources for its accomplishment.

17 (b) APPROVAL OF THE PLAN BY SECRETARY.—

18 (1) IN GENERAL.—Not later than 90 days after

19 receiving the plan from the Commission, the Sec20 retary shall approve or disapprove a plan submitted

21 under subsection (a).

22 (2) CRITERIA FOR DECISION.—The Secretary

23 shall approve a plan only if the Secretary finds that

24 the plan, if implemented, would adequately protect
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1 the significant natural, cultural, historic, rec2 reational, and scenic resources of the corridor.

3 (3) FACTORS RELATING TO APPROVAL.—In de4 termining whether or not to approve the plan, the

5 Secretary shall consider whether—

6 (A) the Commission has afforded adequate

7 opportunity for public involvement in the prepa8 ration of the plan; and

9 (B) adequate assurances have been re10 ceived from State and local government officials

11 that the implementation program identified in

12 the plan will be initiated within a reasonable

13 time after the date of approval of the plan and

14 such program will ensure effective implementa15 tion of the Federal, State, and local aspects of

16 the plan.

17 (4) DISAPPROVAL.—

18 (A) IN GENERAL.—If the Secretary dis19 approves the plan, the Secretary shall advise

20 the Commission, in writing, of the reasons for

21 the disapproval, and shall make recommenda22 tions for revisions.

23 (B) RESUBMISSION.—Not later than 6

24 months after the Commission receives notice of

25 disapproval, the Commission shall resubmit the
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1 plan to the Secretary, who shall approve or dis2 approve the plan as revised in accordance with

3 paragraphs (1) through (3).

4 (c) PRIORITY ACTIONS UNDER IMPLEMENTATION OF

5 THE PLAN.—

6 (1) IN GENERAL.—After approval of the plan

7 under subsection (b), the Commission shall give pri8 ority to actions that—

9 (A) preserve and enhance the significant

10 cultural and natural resources of the corridor;

11 (B) promote and provide educational, in12 terpretive, and recreational opportunities con13 sistent with the resources and associated values

14 of the corridor; and

15 (C) support public and private efforts in

16 economic development that contribute to the

17 goals of the plan.

18 (2) ACTIONS DESCRIBED.—Priority actions to

19 be carried out under paragraph (1) include—

20 (A) assisting the State and political sub21 divisions and the private sector preserve and

22 enhance the Ohio & Erie Canal and related re23 sources;

24 (B) assisting the State and political sub25 divisions and the private sector in appropriate
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1 treatment of historic districts, sites, buildings,

2 structures, and objects listed or eligible for list3 ing on the National Register of Historic Places;

4 (C) assisting the State and political sub5 divisions and the private sector design, con6 struct, and maintain appropriate visitor use fa7 cilities, interpretive exhibits, tour routes and co8 ordinated signs through the corridor;

9 (D) assisting in the enhancement of public

10 awareness and appreciation for historical, cul11 tural, natural, recreational, and scenic resources

12 and associated values of the corridor;

13 (E) encouraging the conservation of natu14 ral resources and historic and scenic land15 scapes;

16 (F) encouraging enhanced recreational op17 portunities and economic development in the

18 corridor in furtherance of the goals of the plan;

19 and

20 (G) encouraging local governments to

21 adopt policies consistent with the goals of the

22 plan and to take actions to implement the poli23 cies.

24 (d) ANNUAL REPORTS.—
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1 (1) COMMISSION.—The Commission shall sub2 mit an annual report to the Secretary setting forth

3 its expenses and income and the entities to which

4 any loans and grants were made during the year for

5 which the report is made.

6 (2) SECRETARY.—The Secretary shall submit

7 an annual report to Congress describing the loans,

8 grants, and technical assistance provided under this

9 Act. The report shall specify the amount, recipient,

10 and purpose of any loan, grant, or technical assist11 ance so provided and shall include an analysis of the

12 adequacy of actions taken during the previous year

13 to preserve, protect, enhance, and interpret the sig14 nificant sites, buildings, structures, and objects with

15 the area, as well as the anticipated funds and per16 sonnel to be made available by the Secretary during

17 the next fiscal year to implement this Act.

18 SEC. 8. TERMINATION OF THE COMMISSION.

19 (a) TERMINATION.—Except as provided in subsection

20 (b), the Commission shall terminate on the date that is

21 20 years after the date of the enactment of this Act. Any

22 property or funds of the Commission remaining upon the

23 expiration of the Commission shall be transferred by the

24 Commission to the United States, to a State or local gov25 ernment agency, to a private nonprofit organization re-
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1 ferred to in section 501(c)(3) of the Internal Revenue

2 Code of 1986 which is exempt from income taxes under

3 section 501(a) of such Code, or to any combination of the

4 foregoing.

5 (b) EXTENSIONS.—The Commission may be extended

6 for a period of not more than 5 years beginning on the

7 date referred to in subsection (a) if, not later than 180

8 days before such date—

9 (1) the Commission determines such extension

10 is necessary in order to carry out this Act;

11 (2) the Commission submits the proposed ex12 tension to the Committee on Natural Resources of

13 the House of Representatives and the Committee on

14 Energy and Natural Resource of the Senate before

15 the termination date; and

16 (3) the Secretary and the Governor of the State

17 of Ohio each approve such extension.

18 SEC. 9. DUTIES OF THE SECRETARY.

19 (a) TECHNICAL ASSISTANCE.—The Secretary may,

20 upon request of the Commission, provide technical assist21 ance to the Commission for—

22 (1) establishing guidelines and standards to

23 protect, preserve, enhance, and interpret the cultural

24 and natural resources of the corridor; and
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1 (2) general administrative support in planning,

2 finance, personnel, procurement, property manage3 ment, environmental and historical compliance, and

4 land acquisition.

5 (b) ASSISTANCE OF THE CUYAHOGA VALLEY NA6 TIONAL RECREATION AREA.—

7 (1) IN GENERAL.—Upon request of the Com8 mission, and subject to the availability of funds di9 rectly appropriated for this purpose, or made avail10 able on a reimbursable basis, the Secretary shall

11 provide technical, financial, development, and oper12 ations assistance through the Cuyahoga Valley Na13 tional Recreation Area. Such assistance may in14 clude—

15 (A) administrative support, such as office

16 space and equipment;

17 (B) personnel;

18 (C) planning and design services for visitor

19 use facilities, trails, interpretive exhibits, publi20 cations, signs, and natural resource manage21 ment;

22 (D) development and construction assist23 ance, including visitor use facilities, trails, ex24 cursion passenger rail facilities, river use and
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1 access facilities, scenic byways, signs, waysides,

2 and rehabilitation of historic structures; and

3 (E) operations functions, including inter4 pretation and visitor services, maintenance, nat5 ural resource management, and law enforce6 ment services conducted within the boundaries

7 of the corridor.

8 (2) COOPERATIVE AGREEMENTS.—For the pur9 poses of providing assistance under paragraph (1),

10 the Secretary may enter into cooperative agreements

11 with any Federal, State, or local agency, corpora12 tion, or person.

13 (c) LAND TRANSFERS.—The Secretary may accept

14 transfers of real property from the Commission within the

15 boundaries of the corridor as established in the Corridor

16 Management Plan. Property outside the legislated bound17 aries of the Cuyahoga Valley National Recreation Area

18 that is transferred to the National Park Service by the

19 Commission shall be added to and administered as part

20 of the Cuyahoga Valley National Recreation Area.

21 SEC. 10. DUTIES OF OTHER FEDERAL ENTITIES.

22 Any Federal entity conducting or supporting activi23 ties directly affecting the corridor and any entity of the

24 State of Ohio or a political subdivision of the State of Ohio
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1 acting pursuant to a grant of Federal funds or a Federal

2 permit or agreement supporting such activities, shall—

3 (1) consult with the Secretary and the Commis4 sion appointed for the corridor with respect to such

5 activities;

6 (2) cooperate with the Secretary and the Com7 mission in carrying out their duties under this Act

8 and, to the maximum extent practicable, coordinate

9 such activities; and

10 (3) conduct or support such activities in a man11 ner which the Commission determines will not have

12 an adverse effect on the corridor.

13 SEC. 11. COST SHARE.

14 (a) FEDERAL SHARE.—The Federal share of the

15 funding provided to the Commission to carry out this Act

16 may not exceed 50 percent of the total cost of—

17 (1) the annual administrative expenditures of

18 the Commission;

19 (2) the annual development expenditures of the

20 Commission to implement the Corridor Management

21 Plan; and

22 (3) the annual land acquisition expenditures of

23 the Commission.
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1 (b) NON-FEDERAL SHARE.—The non-Federal share

2 of the funding of the Commission may be in the form of

3 cash, services, or in-kind contributions, fairly valued.

4 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

5 (a) IN GENERAL.—There is authorized to be appro6 priated to the Commission—

7 (1) for the administrative expenses of the Com8 mission, $400,000 per year;

9 (2) for planning, design, construction, grants,

10 and loans to implement the approved Corridor Man11 agement Plan, $1,500,000 per year, to remain avail12 able until expended; and

13 (3) for the acquisition of real property consist14 ent with the implementation of the Corridor Man15 agement Plan, subject to section 7(b), $250,000 per

16 year, to remain available until expended.

17 (b) LIMITATION.—No amount shall be expended prior

18 to the date on which the Secretary approves the Corridor

19 Management Plan, except that the Commission may ex20 pend funds prior to such time for—

21 (1) an 87-mile multiple use trail connecting

22 Cleveland and Zoar, Ohio;

23 (2) 2 Heritage Visitor Centers located proxi24 mate to the route of the Ohio and Erie Canal be25 tween Cleveland and Zoar;
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1 (3) excursion passenger rail facilities for the

2 Cuyahoga Valley National Recreation Area provided

3 by the nonprofit Cuyahoga Valley Scenic Railroad

4 along rail routes connecting Cleveland and Zoar;

5 (4) the rehabilitation of sites, structures, and

6 buildings listed or eligible for listing on the National

7 Register of Historic Places that are located proxi8 mate to the route of the Ohio and Erie Canal and

9 that may be threatened with loss or demolition; and

10 (5) acquisition of property, only if such prop11 erty is proximate to the route of the Ohio & Erie

12 Canal and is threatened by inappropriate develop13 ment or treatment.

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