II

105TH CONGRESS

2D SESSION S. 1665

To reauthorize the Delaware and Lehigh Navigation Canal National Heritage

Corridor Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 23, 1998

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 1998’’.

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
2

•S 1665 IS

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 appointed by the Secretary

23 from among individuals recommended by the Gov24 ernor, of whom—
3

•S 1665 IS

1 ‘‘(A) 1 shall represent the Pennsylvania

2 Department of Conservation and Natural Re3 sources;

4 ‘‘(B) 1 shall represent the Pennsylvania

5 Department of Community and Economic De6 velopment; and

7 ‘‘(C) 1 shall represent the Pennsylvania

8 Historical and Museum Commission.’’;

9 (3) in paragraph (3), by striking ‘‘the Sec10 retary, after receiving recommendations from the

11 Governor, of whom’’ and all that follows through

12 ‘‘Delaware Canal region’’ and inserting the follow13 ing: ‘‘the Secretary from among individuals rec14 ommended by the Governor, of whom—

15 ‘‘(A) 1 shall represent a city, 1 shall rep16 resent a borough, and 1 shall represent a town17 ship; and

18 ‘‘(B) 1 shall represent each of the 5 coun19 ties of Luzerne, Carbon, Lehigh, Northampton,

20 and Bucks in Pennsylvania’’; and

21 (4) in paragraph (4)—

22 (A) by striking ‘‘8 individuals’’ and insert23 ing ‘‘9 individuals’’; and

24 (B) by striking ‘‘the Secretary, after re25 ceiving recommendations from the Governor,
4

•S 1665 IS

1 who shall have’’ and all that follows through

2 ‘‘Canal region. A vacancy’’ and inserting the

3 following: ‘‘the Secretary from among individ4 uals recommended by the Governor, of whom—

5 ‘‘(A) 3 shall represent the northern region

6 of the Corridor;

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

8 the Corridor; and

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

10 of the Corridor.

11 A vacancy’’.

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

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

14 692; 102 Stat. 4553) is amended by striking subsection

15 (c) and inserting the following:

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

17 a member of the Commission appointed under paragraph

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

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

20 serve for a term of 3 years.

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

22 until a successor is appointed by the Secretary.

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

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

25 Secretary shall appoint, not later than 60 days after
5

•S 1665 IS

1 receiving a nomination of the appointment from the

2 Governor, a new member to serve for the remainder

3 of the term.

4 ‘‘(4) TERM LIMITS.—A member may serve for

5 not more than 2 full terms starting after the date

6 of enactment of this paragraph.’’.

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

8 Lehigh National Heritage Corridor Act of 1988 (Public

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

10 the end the following:

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

12 reject an appointment under paragraph (3) or (4) of sub13 section (b) not later than 60 days after receiving a nomi14 nation of the appointment from the Governor.’’.

15 SEC. 5. POWERS OF THE COMMISSION.

16 (a) CONVEYANCE OF REAL ESTATE.—Section

17 7(g)(3) of the Delaware and Lehigh National Heritage

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

19 4555) is amended in the first sentence by inserting ‘‘or

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

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

22 the Delaware and Lehigh National Heritage Corridor Act

23 of 1988 (Public Law 100–692; 102 Stat. 4555) is amend24 ed—
6

•S 1665 IS

1 (1) in the first sentence, by inserting ‘‘any non2 profit organization,’’ after ‘‘subdivision of the Com3 monwealth,’’; and

4 (2) in the second sentence, by inserting ‘‘such

5 nonprofit organization,’’ after ‘‘such political sub6 division,’’.

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

8 and Lehigh National Heritage Corridor Act of 1988 (Pub9 lic Law 100–692; 102 Stat. 4554) is amended—

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

11 (j); and

12 (2) by inserting after subsection (h) the follow13 ing:

14 ‘‘(i) GRANTS AND LOANS.—The Commission may ad15 minister any grant or loan from amounts—

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

17 purpose of providing a grant or loan; or

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

19 Commission for the purpose of providing a grant or

20 loan.’’.

21 SEC. 6. DUTIES OF THE COMMISSION.

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

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

24 Stat. 4556) is amended in the matter preceding paragraph
7

•S 1665 IS

1 (1) by inserting ‘‘, cultural, natural, recreational, and sce2 nic’’ after ‘‘interpret the historic’’.

3 SEC. 7. TERMINATION OF THE COMMISSION.

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

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

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

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

8 the date of enactment of the Delaware and Lehigh Na9 tional Heritage Corridor Act Amendments of 1997’’.

10 SEC. 8. DUTIES OF OTHER FEDERAL ENTITIES.

11 Section 11 of the Delaware and Lehigh National Her12 itage Corridor Act of 1988 (Public Law 100–692; 102

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

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

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

16 scenic’’.

17 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

19 Lehigh National Heritage Corridor Act of 1988 (Public

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

21 ‘‘$350,000’’ and inserting ‘‘$650,000’’.

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

23 Delaware and Lehigh National Heritage Corridor Act of

24 1988 (Public Law 100–692; 102 Stat. 4558) is amended

25 by adding at the end the following:
8

•S 1665 IS

1 ‘‘(c) MANAGEMENT ACTION PLAN.—

2 ‘‘(1) IN GENERAL.—To implement the manage3 ment action plan created by the Commission, there

4 is authorized to be appropriated $1,000,000 for each

5 of fiscal years 1998 through 2007.

6 ‘‘(2) LIMITATION ON EXPENDITURES.—

7 Amounts made available under paragraph (1) shall

8 not exceed 50 percent of the costs of implementing

9 the management action plan.’’.

10 SEC. 10. LOCAL AUTHORITY AND PRIVATE PROPERTY.

11 The Delaware and Lehigh National Heritage Cor12 ridor Act of 1988 (Public Law 100–692; 102 Stat. 4552)

13 is amended—

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

15 and

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

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

18 ‘‘The Commission shall not interfere with—

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

20 or

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

22 plan of the Commonwealth of Pennsylvania or any

23 political subdivision of Pennsylvania.’’.

Æ