II

103D CONGRESS

2D SESSION S. 2089

To authorize the establishment of the Steamtown National Historic Site,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 9 (legislative day, MAY 2), 1994

Mr. MITCHELL for Mr. WOFFORD (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 authorize the establishment of the Steamtown National

Historic Site, 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 ‘‘Steamtown National

5 Historic Site Act of 1994’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act:

8 (1) ADVISORY COMMITTEE.—The term ‘‘Advi9 sory Committee’’ means the Steamtown National
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1 Historic Site Advisory Committee established by the

2 Secretary under section 5.

3 (2) HAZARDOUS SUBSTANCE.—The term ‘‘haz4 ardous substance’’ has the meaning given such term

5 in section 101(14) of the Comprehensive Environ6 mental Response, Compensation, and Liability Act

7 of 1980 (42 U.S.C. 9601(14)).

8 (3) HISTORIC SITE.—The term ‘‘historic site’’

9 means the Steamtown National Historic Site estab10 lished under section 3.

11 (4) NATIONAL PARK SERVICE.—The term ‘‘Na12 tional Park Service’’ means the National Park Serv13 ice of the Department of the Interior.

14 (5) REMEDIAL ACTION.—The term ‘‘remedial

15 action’’ has the meaning given such term in section

16 101(24) of the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 1980 (42

18 U.S.C. 9601(24)).

19 (6) REMOVAL.—The term ‘‘removal’’ has the

20 meaning given such term in section 101(23) of such

21 Act (42 U.S.C. 9601(23)).

22 (7) SECRETARY.—The term ‘‘Secretary’’ means

23 the Secretary of the Interior.
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1 SEC. 3. ESTABLISHMENT OF STEAMTOWN NATIONAL HIS2 TORIC SITE.

3 (a) IN GENERAL.—

4 (1) ESTABLISHMENT.—In order to preserve and

5 interpret certain elements of railroading, especially

6 steam-operated railroads that were in operation dur7 ing the period of 1850 to 1950, there is hereby es8 tablished the Steamtown National Historic Site.

9 (2) PURPOSES.—The purposes of the historic

10 site shall include providing for the interpretation

11 of—

12 (A) the evolution of railroads; and

13 (B) the impact of railroads on the develop14 ment of the United States,

15 including technological, economic, social, and politi16 cal effects and the relationship of railroads to the in17 dustrialization of the United States.

18 (b) DESCRIPTION OF SITE.—The historic site shall

19 consist of the lands and interests in lands within the area

20 generally depicted on the map entitled ‘‘Boundary Map,

21 Steamtown National Historic Site’’, numbered STTO–

22 80,000 and dated September 1986. The map shall be on

23 file and available for public inspection in the offices of the

24 National Park Service. Except by act of Congress, no revi25 sions may be made in the boundary of the historic site.
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1 (c) REPEAL OF SUPERSEDED LAW.—The Steamtown

2 National Historical Site Act of 1986 (the twelfth proviso

3 in the paragraph relating to the operation of the national

4 park system (including transfer of funds) under the head5 ing ‘‘NATIONAL PARK SERVICE’’ in title I of the Depart6 ment of the Interior and Related Agencies Appropriations

7 Act, 1987, which was enacted in identical forms in section

8 101(h) of Public Law 99–500 and section 101(h) of Public

9 Law 99–591; 100 Stat. 1783–248 and 100 Stat. 3341–

10 248), is repealed.

11 SEC. 4. ADMINISTRATION OF STEAMTOWN NATIONAL HIS12 TORIC SITE.

13 (a) IN GENERAL.—The Secretary of the Interior shall

14 administer the historic site in accordance with this Act

15 and any other provision of law generally applicable to

16 units of the national park system, including the Act enti17 tled ‘‘An Act to establish a National Park Service, and

18 for other purposes’’, approved August 25, 1916 (39 Stat.

19 535; 16 U.S.C. 1, 2, 3, and 4) and the Act entitled ‘‘An

20 Act to provide for the preservation of historic American

21 sites, buildings, objects, and antiquities of national signifi22 cance, and for other purposes’’, approved August 21, 1935

23 (16 U.S.C. 461 et seq.).

24 (b) COMPREHENSIVE GENERAL MANAGEMENT

25 PLAN.—Not later than September 30, 1995, the Secretary
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1 shall prepare and submit to the Committee on Energy and

2 Natural Resources of the Senate and the Committee on

3 Interior and Insular Affairs of the House of Representa4 tives a new comprehensive general management plan for

5 the historic site. The plan shall be consistent with this Act,

6 section 12 of Public Law 91–383 (16 U.S.C. 1a–7), and

7 any other applicable provision of law.

8 SEC. 5. ACQUISITION OF LAND.

9 (a) IN GENERAL.—The Secretary may acquire lands

10 or interests in land within the boundaries of the historic

11 site only by—

12 (1) donation; or

13 (2) purchase with donated funds.

14 (b) PROHIBITION ON ACQUISITION OF CONTAMI15 NATED LANDS.—

16 (1) IN GENERAL.—The Secretary may not ac17 quire any land or interest in land to serve the pur18 poses of the historic site unless such lands are not

19 contaminated with a hazardous substance for which

20 a removal or remedial action at the expense of the

21 United States is required under the Comprehensive

22 Environmental Response, Compensation, and Liabil23 ity Act of 1980 (42 U.S.C. 9601 et seq.).

24 (2) REIMBURSEMENT.—
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1 (A) IN GENERAL.—Before the Secretary

2 may accept title to any lands to further the

3 purposes of the historic site, the Secretary shall

4 seek reimbursement of any funds expended by

5 the National Park Service, prior to the date of

6 the enactment of this Act, on a removal or re7 medial action with respect to any contamination

8 of lands within the boundaries of the historic

9 site under applicable provisions of the Com10 prehensive Environmental Response, Compensa11 tion, and Liability Act of 1980 (42 U.S.C. 9601

12 et seq.).

13 (B) CREDITING OF REIMBURSEMENT.—

14 Any amount received as reimbursement under

15 subparagraph (A) shall be credited to mis16 cellaneous receipts in the Treasury.

17 (C) TREATMENT OF CERTAIN FUNDS EX18 PENDED FOR A REMOVAL OR REMEDIAL AC19 TION.—After the full amount of a reimburse20 ment made pursuant to subparagraph (A) is

21 credited pursuant to subparagraph (B), the

22 amount expended by the National Park Service

23 with respect to which the reimbursement was

24 made shall not be treated as amounts expended
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1 for development with respect to the limitation

2 under section 8(b).

3 SEC. 6. PARK SERVICE ACTIVITIES.

4 (a) IN GENERAL.—The Secretary shall take such ac5 tion as is necessary and appropriate to—

6 (1) administer the historic site;

7 (2) interpret, for the public, the significance of

8 the resources of the site and the history of the site;

9 and

10 (3) provide essential services for the public at

11 the historic site.

12 (b) PRESERVATION OF COLLECTION OF RAILROAD

13 EQUIPMENT.—

14 (1) EXISTING COLLECTION.—Subject to para15 graph (2), the Secretary shall preserve the collection

16 of railroad equipment, including locomotives and

17 rolling stock, that is present at the historic site as

18 of the date of enactment of this Act. The Secretary

19 may also preserve such equipment and essential ma20 chinery as are necessary for the maintenance of the

21 locomotives and rolling stock.

22 (2) ACQUISITION OF ADDITIONAL EQUIP23 MENT.—The Secretary may acquire by exchange or

24 purchase, appropriate examples of locomotives and
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1 rolling stock to enhance the collection of railroad

2 equipment at the historic site if—

3 (A) the Secretary takes such action as is

4 necessary to ensure that the total number of lo5 comotives and rolling stock in the collection of

6 railroad equipment does not increase as a result

7 of the exchange or purchase; and

8 (B) the exchange or purchase is carried

9 out in a manner consistent with the general

10 management plan for the historic site.

11 (c) COST-SHARING.—The Secretary shall, to the ex12 tent practicable, seek donations and assistance from vol13 unteers and carry out other cost-sharing measures to re14 store the locomotives and rolling stock in the collection

15 of railroad equipment.

16 (d) PRESERVATION OF ARTIFACT COLLECTION AND

17 ARCHIVAL MATERIALS.—The Secretary shall take such

18 action as is necessary to preserve the artifact collection

19 and archival materials located at the historic site.

20 (e) PROHIBITION.—No Federal funds may be ex21 pended to provide access between the historic site and any

22 structure that is privately owned and operated for profit.

23 (f) EXCURSIONS.—To the extent that providing regu24 lar excursions with appropriate interpretation under this

25 subsection furthers public understanding of the matters
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1 described in section 3(a)(2), the Secretary may provide

2 regular excursions with appropriate interpretation between

3 Scranton, Pennsylvania, and Moscow, Pennsylvania. To

4 carry out the excursions, the Secretary may provide essen5 tial visitor services at Moscow, Pennsylvania.

6 (g) USE OF FUNDS FOR THE RESTORATION OF

7 TRACKS, BRIDGES, OR TUNNELS.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the Secretary may not expend funds

10 made available to the National Park Service for the

11 restoration or maintenance of tracks, bridges, or

12 tunnels located outside the historic site.

13 (2) EXCEPTION.—

14 (A) RESTORATION PURSUANT TO COOPER15 ATIVE AGREEMENT WITH OWNER.—If the Sec16 retary and the owner of the tracks and bridges

17 between the historic site and Moscow, Penn18 sylvania, enter into a cooperative agreement de19 scribed in subparagraph (B), the Secretary may

20 expend funds described in subparagraph (C) for

21 restoring and maintaining such tracks and

22 bridges.

23 (B) COOPERATIVE AGREEMENT DE24 SCRIBED.—A cooperative agreement referred to
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1 in subparagraph (A) is a cooperative agreement

2 that—

3 (i) provides for the Secretary to re4 store and maintain such tracks and

5 bridges; and

6 (ii) permits the National Park Service

7 to use such tracks and bridges for excur8 sions authorized under subsection (f).

9 (C) FUNDS DESCRIBED.—The funds re10 ferred to in subparagraph (A) are funds that—

11 (i) were appropriated to the Secretary

12 before November 15, 1991; and

13 (ii) remain available for obligation.

14 (3) TRACK USAGE FEES.—If the Secretary en15 ters into an agreement to use tracks and bridges

16 pursuant to paragraph (2), the Secretary may pay

17 customary and appropriate track usage fees.

18 (h) EXCURSION FEES.—Excursion fees charged for

19 any rail excursion carried out by the Secretary pursuant

20 to this section shall be established at a level that ensures

21 that, at a minimum, 75 percent of the costs of mainte22 nance, personnel, and equipment for the excursion shall

23 be covered by amounts collected as user fees.

24 (i) BRIDGE 60.—The Secretary may assist the owner

25 of Bridge 60 and Bridge 60 Wye (as defined and deter-
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1 mined by the Secretary) with track and switch rehabilita2 tion to facilitate activities associated with the historic site.

3 SEC. 7. ADVISORY COMMITTEE.

4 (a) ESTABLISHMENT.—There is established the

5 Steamtown National Historic Site Advisory Committee.

6 (b) PURPOSES.—The purposes of the Advisory Com7 mittee are as follows:

8 (1) To provide the Secretary with a readily

9 available source of professional expertise in railroad

10 management and history.

11 (2) To advise the Secretary in the development

12 and operation of the historic site.

13 (c) MEMBERSHIP.—The Advisory Committee shall be

14 composed of 11 members who shall be appointed by the

15 Secretary, as follows:

16 (1) Two members shall be individuals with rec17 ognized expertise in the operation of historic rail18 ways.

19 (2) Two members shall be individuals with rec20 ognized expertise in the operation of commercial

21 railways.

22 (3) Two members shall be historians with rec23 ognized expertise in the history of technology.

24 (4) Two members shall be historians with rec25 ognized expertise in social history.
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1 (5) Three members shall be representatives of

2 the general public.

3 (d) TERMS.—Each member shall serve for a term of

4 3 years. A member of the Advisory Committee may con5 tinue to serve as a member after the expiration of the

6 member’s term until a successor is appointed.

7 (e) CHAIRPERSON.—The Advisory Committee shall

8 select a Chairperson from among its members.

9 (f) DUTIES OF THE SECRETARY.—The Secretary, or

10 a designee of the Secretary, shall from time to time, but

11 at least semiannually, meet and consult with the Advisory

12 Committee on matters relating to the management and de13 velopment of the historic site.

14 (g) INITIAL MEETING.—Not later than 30 days after

15 the date on which all members of the Advisory Committee

16 have been appointed, the Chairperson shall convene the

17 Advisory Committee.

18 (h) MEETINGS.—

19 (1) IN GENERAL.—The Advisory Committee

20 shall meet at the call of the Chairperson.

21 (2) FREQUENCY OF MEETINGS.—The Advisory

22 Committee shall meet at least 3 times during each

23 year.

24 (3) QUORUM.—A majority of the members of

25 the Advisory Committee shall constitute a quorum.
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1 (i) COMPENSATION.—Members of the Advisory Com2 mittee shall serve without compensation, except the Sec3 retary may, on receipt of a voucher approved by the Chair4 person, pay expenses reasonably incurred in the perform5 ance of duties of the Committee.

6 (j) TERMINATION OF ADVISORY COMMITTEE.—The

7 Advisory Committee shall terminate 10 years after the

8 date of enactment of this Act.

9 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

10 (a) IN GENERAL.—Subject to the limitations under

11 subsections (b) and (c), there are authorized to be appro12 priated to the Department of the Interior such sums as

13 are necessary to carry out this Act.

14 (b) LIMITATION OF EXPENDITURES FOR DEVELOP15 MENT.—The aggregate amount of funds expended by the

16 Department of the Interior after September 30, 1986, for

17 the development of the historic site may not exceed

18 $58,000,000.

19 (c) LIMITATION OF EXPENDITURES OF FUNDS.—No

20 funds made available to the Department of the Interior

21 from Federal sources may be expended with respect to the

22 historic site for a purpose other than a purpose specified

23 in section 6 and in section 7(h).

Æ