II

Calendar No. 551

105TH CONGRESS

2D SESSION S. 1665

[Report No. 105–312]

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

SEPTEMBER 8 (legislative day, AUGUST 31), 1998

Reported by Mr. MURKOWSKI, with amendments

[Omit the part struck through and insert the part printed in italic]

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’’.
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1 SEC. 2. NAME CHANGE.

2 The Delaware and Lehigh Navigation Canal National

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

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

5 Navigation Canal National Heritage Corridor’’ each place

6 it appears (except section 4(a)) and inserting ‘‘Delaware

7 and Lehigh National Heritage Corridor’’.

8 SEC. 3. PURPOSE.

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

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

11 Stat. 4552) is amended—

12 (1) by inserting after ‘‘subdivisions’’ the follow13 ing: ‘‘in enhancing economic development within the

14 context of preservation and’’; and

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

16 and Lehigh Navigation Canal in the Common17 wealth’’ and inserting ‘‘the Corridor’’.

18 SEC. 4. CORRIDOR COMMISSION.

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

20 Lehigh National Heritage Corridor Act of 1988 (Public

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

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

23 striking ‘‘appointed not later than 6 months after

24 the date of enactment of this Act’’;

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

26 following:
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1 ‘‘(2) 3 individuals appointed by the Secretary

2 from among individuals recommended by the Gov3 ernor, of whom—

4 ‘‘(2) 3 individuals appointed by the Secretary

5 upon consideration of individuals recommended by

6 the governor, of whom—

7 ‘‘(A) 1 shall represent the Pennsylvania

8 Department of Conservation and Natural Re9 sources;

10 ‘‘(B) 1 shall represent the Pennsylvania

11 Department of Community and Economic De12 velopment; and

13 ‘‘(C) 1 shall represent the Pennsylvania

14 Historical and Museum Commission.’’;

15 (3) in paragraph (3), by striking ‘‘the Sec16 retary, after receiving recommendations from the

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

18 ‘‘Delaware Canal region’’ and inserting the follow-
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1 ing: ‘‘the Secretary from among individuals rec2 ommended by the Governor, of whom—

3 ing: ‘‘the Secretary upon consideration of individuals

4 recommended by the governor, of whom—

5 ‘‘(A) 1 shall represent a city, 1 shall rep6 resent a borough, and 1 shall represent a town7 ship; and

8 ‘‘(B) 1 shall represent each of the 5 coun9 ties of Luzerne, Carbon, Lehigh, Northampton,

10 and Bucks in Pennsylvania’’; and

11 (4) in paragraph (4)—

12 (A) by striking ‘‘8 individuals’’ and insert13 ing ‘‘9 individuals’’; and

14 (B) by striking ‘‘the Secretary, after re15 ceiving recommendations from the Governor,

16 who shall have’’ and all that follows through

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

18 following: ‘‘the Secretary from among individ19 uals recommended by the Governor, of whom—

20 following, ‘‘the Secretary upon consideration of

21 individuals recommended by the governor, of

22 whom—

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

24 of the Corridor;
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1 ‘‘(B) 3 shall represent the middle region of

2 the Corridor; and

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

4 of the Corridor.

5 A vacancy’’.

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

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

8 692; 102 Stat. 4553) is amended by striking subsection

9 (c) and inserting the following:

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

11 a member of the Commission appointed under paragraph

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

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

14 serve for a term of 3 years.

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

16 until a successor is appointed by the Secretary.

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

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

19 Secretary shall appoint, not later than 60 days after

20 receiving a nomination of the appointment from the

21 Governor, a new member to serve for the remainder

22 of the term.

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

24 not more than 2 full terms starting after the date

25 of enactment of this paragraph.’’.
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1 (c) CONFIRMATION.—Section 5 of the Delaware and

2 Lehigh National Heritage Corridor Act of 1988 (Public

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

4 the end the following:

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

6 reject an appointment under paragraph (3) or (4) of sub7 section (b) not later than 60 days after receiving a nomi8 nation of the appointment from the Governor.’’.

9 SEC. 5. POWERS OF THE COMMISSION.

10 (a) CONVEYANCE OF REAL ESTATE.—Section

11 7(g)(3) of the Delaware and Lehigh National Heritage

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

13 4555) is amended in the first sentence by inserting ‘‘or

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

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

16 the Delaware and Lehigh National Heritage Corridor Act

17 of 1988 (Public Law 100–692; 102 Stat. 4555) is amend18 ed—

19 (1) in the first sentence, by inserting ‘‘any non20 profit organization,’’ after ‘‘subdivision of the Com21 monwealth,’’; and

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

23 nonprofit organization,’’ after ‘‘such political sub24 division,’’.
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1 (c) GRANTS AND LOANS.—Section 7 of the Delaware

2 and Lehigh National Heritage Corridor Act of 1988 (Pub3 lic Law 100–692; 102 Stat. 4554) is amended—

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

5 (j); and

6 (2) by inserting after subsection (h) the follow7 ing:

8 ‘‘(i) GRANTS AND LOANS.—The Commission may ad9 minister any grant or loan from amounts—

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

11 purpose of providing a grant or loan; or

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

13 Commission for the purpose of providing a grant or

14 loan.’’.

15 SEC. 6. DUTIES OF THE COMMISSION.

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

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

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

19 (1) by inserting ‘‘, cultural, natural, recreational, and sce20 nic’’ after ‘‘interpret the historic’’.

21 SEC. 7. TERMINATION OF THE COMMISSION.

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

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

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

25 of enactment of this Act’’ and inserting ‘‘10 years after
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1 the date of enactment of the Delaware and Lehigh Na2 tional Heritage Corridor Act Amendments of 1997’’.

3 SEC. 8. DUTIES OF OTHER FEDERAL ENTITIES.

4 Section 11 of the Delaware and Lehigh National Her5 itage Corridor Act of 1988 (Public Law 100–692; 102

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

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

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

9 scenic’’.

10 inserting ‘‘directly affecting the purposes of the Corridor’’.

11 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

13 Lehigh National Heritage Corridor Act of 1988 (Public

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

15 ‘‘$350,000’’ and inserting ‘‘$650,000’’.

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

17 Delaware and Lehigh National Heritage Corridor Act of

18 1988 (Public Law 100–692; 102 Stat. 4558) is amended

19 by adding at the end the following:

20 ‘‘(c) MANAGEMENT ACTION PLAN.—

21 ‘‘(1) IN GENERAL.—To implement the manage22 ment action plan created by the Commission, there

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

24 of fiscal years 1998 through 2007.
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1 ‘‘(2) LIMITATION ON EXPENDITURES.—

2 Amounts made available under paragraph (1) shall

3 not exceed 50 percent of the costs of implementing

4 the management action plan.’’.

5 SEC. 10. LOCAL AUTHORITY AND PRIVATE PROPERTY.

6 The Delaware and Lehigh National Heritage Cor7 ridor Act of 1988 (Public Law 100–692; 102 Stat. 4552)

8 is amended—

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

10 and

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

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

13 ‘‘The Commission shall not interfere with—

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

15 or

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

17 plan of the Commonwealth of Pennsylvania or any

18 political subdivision of Pennsylvania.’’.

19 SEC. 11. DUTIES OF THE SECRETARY.

20 Section 10(d) of the Delaware and Lehigh National

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

22 Stat. 4557) is amended by striking the subsection and in23 serting—

24 ‘‘(d) TECHNICAL ASSISTANCE AND GRANTS.—The Sec25 retary, upon request of the Commission, is authorized to
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1 provide grants and technical assistance to the Commission

2 or units of government, nonprofit organizations, and other

3 persons, for development and implementation of the Plan.’’.

Calendar No. 551

105TH CONGRESS

2D SESSION S. 1665

[Report No. 105–312]

A BILL

To reauthorize the Delaware and Lehigh Navigafor other purposes. tion Canal National Heritage Corridor Act, and

SEPTEMBER 8 (legislative day, AUGUST 31), 1998

Reported with amendments