II

105TH CONGRESS

1ST SESSION S. 1462

To reauthorize the Delaware and Lehigh Navigation Canal National Heritage

Corridor Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8, 1997

Mr. SPECTER (for himself and Mr. SANTORUM) introduced the following bill;

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

A BILL

To reauthorize the Delaware and Lehigh Navigation Canal

National Heritage Corridor Act, 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 ‘‘Delaware and Lehigh

5 National Heritage Corridor Act Amendments of 1997’’.

6 SEC. 2. NAME CHANGE.

7 The Delaware and Lehigh Navigation Canal National

8 Heritage Corridor Act of 1988 (Public Law 100–692; 102

9 Stat. 4552) is amended by striking ‘‘Delaware and Lehigh

10 Navigation Canal National Heritage Corridor’’ each place
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1 it appears (except section 4(a)) and inserting ‘‘Delaware

2 and Lehigh National Heritage Corridor’’.

3 SEC. 3. PURPOSE.

4 Section 3(b) of the Delaware and Lehigh National

5 Heritage Corridor Act of 1988 (Public Law 100–692; 102

6 Stat. 4552) is amended—

7 (1) by inserting after ‘‘subdivisions’’ the follow8 ing: ‘‘in enhancing economic development within the

9 context of preservation and’’; and

10 (2) by striking ‘‘and surrounding the Delaware

11 and Lehigh Navigation Canal in the Common12 wealth’’ and inserting ‘‘the Corridor’’.

13 SEC. 4. CORRIDOR COMMISSION.

14 (a) MEMBERSHIP.—Section 5(b) of the Delaware and

15 Lehigh National Heritage Corridor Act of 1988 (Public

16 Law 100–692; 102 Stat. 4553) is amended—

17 (1) in the matter preceding paragraph (1), by

18 striking ‘‘appointed not later than 6 months after

19 the date of enactment of this Act’’;

20 (2) by striking paragraph (2) and inserting the

21 following:

22 ‘‘(2) 3 individuals, of whom—

23 ‘‘(A) 1 shall be the Director of the Penn24 sylvania Department of Conservation and Natu25 ral Resources;
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1 ‘‘(B) 1 shall be the Director of the Penn2 sylvania Department of Community and Eco3 nomic Development; and

4 ‘‘(C) 1 shall be the Chairperson of the

5 Pennsylvania Historical and Museum Commis6 sion.’’;

7 (3) in paragraph (3), by striking ‘‘recommenda8 tions from the Governor, of whom’’ and all that fol9 lows through ‘‘Delaware Canal region’’ and inserting

10 the following: ‘‘nominations from the Governor, of

11 whom—

12 ‘‘(A) 1 shall represent a city, 1 shall rep13 resent a borough, and 1 shall represent a town14 ship; and

15 ‘‘(B) 1 shall represent each of the 5 coun16 ties of Luzerne, Carbon, Lehigh, Northampton,

17 and Bucks in Pennsylvania’’; and

18 (4) in paragraph (4)—

19 (A) by striking ‘‘8 individuals’’ and insert20 ing ‘‘9 individuals’’; and

21 (B) by striking ‘‘recommendations from

22 the Governor, who shall have’’ and all that fol23 lows through ‘‘Canal region. A vacancy’’ and in24 serting the following: ‘‘nominations from the

25 Governor, of whom—
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1 ‘‘(A) 3 shall represent the northern region

2 of the Corridor;

3 ‘‘(B) 3 shall represent the middle region of

4 the Corridor; and

5 ‘‘(C) 3 shall represent the southern region

6 of the Corridor.

7 A vacancy’’.

8 (b) TERMS.—Section 5 of the Delaware and Lehigh

9 National Heritage Corridor Act of 1988 (Public Law 100–

10 692; 102 Stat. 4553) is amended by striking subsection

11 (c) and inserting the following:

12 ‘‘(c) TERMS.—The following provisions shall apply to

13 a member of the Commission appointed under paragraph

14 (3) or (4) of subsection (b):

15 ‘‘(1) LENGTH OF TERM.—The member shall

16 serve for a term of 3 years.

17 ‘‘(2) CARRYOVER.—The member shall serve

18 until a successor is appointed by the Secretary.

19 ‘‘(3) REPLACEMENT.—If the member resigns or

20 is unable to serve due to incapacity or death, the

21 Secretary shall appoint, not later than 60 days after

22 receiving a nomination of the appointment from the

23 Governor, a new member to serve for the remainder

24 of the term
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1 ‘‘(4) TERM LIMITS.—A member may serve for

2 not more than 2 full terms starting after the date

3 of enactment of this paragraph.’’.

4 (c) CONFIRMATION.—Section 5 of the Delaware and

5 Lehigh National Heritage Corridor Act of 1988 (Public

6 Law 100–692; 102 Stat. 4553) is amended by adding at

7 the end the following:

8 ‘‘(h) CONFIRMATION.—The Secretary shall accept or

9 reject an appointment under paragraph (3) or (4) of sub10 section (b) not later than 60 days after receiving a nomi11 nation of the appointment from the Governor.’’.

12 SEC. 5. POWERS OF THE COMMISSION.

13 (a) CONVEYANCE OF REAL ESTATE.—Section

14 7(g)(3) of the Delaware and Lehigh National Heritage

15 Corridor Act of 1988 (Public Law 100–692; 102 Stat.

16 4555) is amended in the first sentence by inserting ‘‘or

17 nonprofit organization’’ after ‘‘appropriate public agency’’.

18 (b) COOPERATIVE AGREEMENTS.—Section 7(h) of

19 the Delaware and Lehigh National Heritage Corridor Act

20 of 1988 (Public Law 100–692; 102 Stat. 4555) is amend21 ed—

22 (1) in the first sentence, by inserting ‘‘any non23 profit organization,’’ after ‘‘subdivision of the Com24 monwealth,’’; and
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1 (2) in the second sentence, by inserting ‘‘such

2 nonprofit organization,’’ after ‘‘such political sub3 division,’’.

4 (c) GRANTS AND LOANS.—Section 7 of the Delaware

5 and Lehigh National Heritage Corridor Act of 1988 (Pub6 lic Law 100–692; 102 Stat. 4554) is amended—

7 (1) by redesignating subsection (i) as subsection

8 (j); and

9 (2) by inserting after subsection (h) the follow10 ing:

11 ‘‘(i) GRANTS AND LOANS.—The Commission may ad12 minister any grant or loan from amounts—

13 ‘‘(1) appropriated to the Commission for the

14 purpose of providing a grant or loan; or

15 ‘‘(2) donated or otherwise made available to the

16 Commission for the purpose of providing a grant or

17 loan.’’.

18 SEC. 6. DUTIES OF THE COMMISSION.

19 Section 8(b) of the Delaware and Lehigh National

20 Heritage Corridor Act of 1988 (Public Law 100–692; 102

21 Stat. 4556) is amended in the matter preceding paragraph

22 (1) by inserting ‘‘, cultural, natural, recreational, and sce23 nic’’ after ‘‘interpret the historic’’.
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1 SEC. 7. TERMINATION OF THE COMMISSION.

2 Section 9(a) of the Delaware and Lehigh National

3 Heritage Corridor Act of 1988 (Public Law 100–692; 102

4 Stat. 4556) is amended by striking ‘‘5 years after the date

5 of enactment of this Act’’ and inserting ‘‘10 years after

6 the date of enactment of the Delaware and Lehigh Na7 tional Heritage Corridor Act Amendments of 1997’’.

8 SEC. 8. DUTIES OF OTHER FEDERAL ENTITIES.

9 Section 11 of the Delaware and Lehigh National Her10 itage Corridor Act of 1988 (Public Law 100–692; 102

11 Stat. 4557) is amended in the matter preceding paragraph

12 (1) by striking ‘‘the flow of the Canal or the natural’’ and

13 inserting ‘‘the historic, cultural, natural, recreational, or

14 scenic’’.

15 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

16 (a) COMMISSION.—Section 12(a) of the Delaware and

17 Lehigh National Heritage Corridor Act of 1988 (Public

18 Law 100–692; 102 Stat. 4558) is amended by striking

19 ‘‘$350,000’’ and inserting ‘‘$650,000’’.

20 (b) MANAGEMENT ACTION PLAN.—Section 12 of the

21 Delaware and Lehigh National Heritage Corridor Act of

22 1988 (Public Law 100–692; 102 Stat. 4558) is amended

23 by adding at the end the following:

24 ‘‘(c) MANAGEMENT ACTION PLAN.—

25 ‘‘(1) IN GENERAL.—To implement the manage26 ment action plan created by the Commission, there
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1 is authorized to be appropriated $1,000,000 for each

2 of fiscal years 1998 through 2007.

3 ‘‘(2) LIMITATION ON EXPENDITURES.—

4 Amounts made available under paragraph (1) shall

5 not exceed 50 percent of the costs of implementing

6 the management action plan.’’.

7 SEC. 10. LOCAL AUTHORITY AND PRIVATE PROPERTY.

8 The Delaware and Lehigh National Heritage Cor9 ridor Act of 1988 (Public Law 100–692; 102 Stat. 4552)

10 is amended—

11 (1) by redesignating section 13 as section 14;

12 and

13 (2) by inserting after section 12 the following:

14 ‘‘SEC. 13. LOCAL AUTHORITY AND PRIVATE PROPERTY.

15 ‘‘The Commission shall not interfere with—

16 ‘‘(1) the private property rights of any person;

17 or

18 ‘‘(2) any local zoning ordinance or land use

19 plan of the Commonwealth of Pennsylvania or any

20 political subdivision of Pennsylvania.’’.

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