II

106TH CONGRESS

1ST SESSION S. 1584

To establish the Schuylkill River Valley National Heritage Area in the State

of Pennsylvania.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 15, 1999

Mr. SANTORUM (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 establish the Schuylkill River Valley National Heritage

Area in the State of Pennsylvania.

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 ‘‘Schuylkill River Valley

5 National Heritage Area Act’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds that—

8 (1) the Schuylkill River Valley made a unique

9 contribution to the cultural, political, and industrial

10 development of the United States;
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1 (2) the Schuylkill River is distinctive as the

2 first spine of modern industrial development in

3 Pennsylvania and 1 of the first in the United States;

4 (3) the Schuylkill River Valley played a signifi5 cant role in the struggle for nationhood;

6 (4) the Schuylkill River Valley developed a

7 prosperous and productive agricultural economy that

8 survives today;

9 (5) the Schuylkill River Valley developed a

10 charcoal iron industry that made Pennsylvania the

11 center of the iron industry within the North Amer12 ican colonies;

13 (6) the Schuylkill River Valley developed into a

14 significant anthracite mining region that continues

15 to thrive today;

16 (7) the Schuylkill River Valley developed early

17 transportation systems, including the Schuylkill

18 Canal and the Reading Railroad;

19 (8) the Schuylkill River Valley developed a sig20 nificant industrial base, including textile mills and

21 iron works;

22 (9) there is a longstanding commitment to—

23 (A) repairing the environmental damage to

24 the river and its surroundings caused by the

25 largely unregulated industrial activity; and
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1 (B) completing the Schuylkill River Trail

2 along the 128-mile corridor of the Schuylkill

3 Valley;

4 (10) there is a need to provide assistance for

5 the preservation and promotion of the significance of

6 the Schuylkill River as a system for transportation,

7 agriculture, industry, commerce, and immigration;

8 and

9 (11)(A) the Department of the Interior is re10 sponsible for protecting the Nation’s cultural and

11 historical resources; and

12 (B) there are sufficient significant examples of

13 such resources within the Schuylkill River Valley to

14 merit the involvement of the Federal Government in

15 the development of programs and projects, in co16 operation with the Schuylkill River Greenway Asso17 ciation, the State of Pennsylvania, and other local

18 and governmental bodies, to adequately conserve,

19 protect, and interpret this heritage for future gen20 erations, while providing opportunities for education

21 and revitalization.

22 (b) PURPOSES.—The purposes of this Act are—

23 (1) to foster a close working relationship with

24 all levels of government, the private sector, and the

25 local communities in the Schuylkill River Valley of
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1 southeastern Pennsylvania and enable the commu2 nities to conserve their heritage while continuing to

3 pursue economic opportunities; and

4 (2) to conserve, interpret, and develop the his5 torical, cultural, natural, and recreational resources

6 related to the industrial and cultural heritage of the

7 Schuylkill River Valley of southeastern Pennsyl8 vania.

9 SEC. 3. DEFINITIONS.

10 In this Act:

11 (1) COOPERATIVE AGREEMENT.—The term ‘‘co12 operative agreement’’ means the cooperative agree13 ment entered into under section 4(d).

14 (2) HERITAGE AREA.—The term ‘‘Heritage

15 Area’’ means the Schuylkill River Valley National

16 Heritage Area established by section 4.

17 (3) MANAGEMENT ENTITY.—The term ‘‘man18 agement entity’’ means the management entity for

19 the Heritage Area appointed under section 4(c).

20 (4) MANAGEMENT PLAN.—The term ‘‘manage21 ment plan’’ means the management plan for the

22 Heritage Area developed under section 5.

23 (5) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of the Interior.
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1 (6) STATE.—The term ‘‘State’’ means the State

2 of Pennsylvania.

3 SEC. 4. ESTABLISHMENT.

4 (a) IN GENERAL.—For the purpose of preserving and

5 interpreting for the educational and inspirational benefit

6 of present and future generations certain land and struc7 tures with unique and significant historical and cultural

8 value associated with the early development of the Schuyl9 kill River Valley, there is established the Schuylkill River

10 Valley National Heritage Area.

11 (b) BOUNDARIES.—The Heritage Area shall be com12 prised of the Schuylkill River watershed within the coun13 ties of Schuylkill, Berks, Montgomery, Chester, and Phila14 delphia, Pennsylvania, as delineated by the Secretary.

15 (c) MANAGEMENT ENTITY.—The management entity

16 for the Heritage Area shall be the Schuylkill River Green17 way Association.

18 (d) COOPERATIVE AGREEMENT.—

19 (1) IN GENERAL.—To carry out this title, the

20 Secretary shall enter into a cooperative agreement

21 with the management entity.

22 (2) CONTENTS.—The cooperative agreement

23 shall include information relating to the objectives

24 and management of the Heritage Area, including—
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1 (A) a description of the goals and objec2 tives of the Heritage Area, including a descrip3 tion of the approach to conservation and inter4 pretation of the Heritage Area;

5 (B) an identification and description of the

6 management entity that will administer the

7 Heritage Area; and

8 (C) a description of the role of the State.

9 SEC. 5. MANAGEMENT PLAN.

10 (a) IN GENERAL.—Not later than 3 years after the

11 date of enactment of this Act, the management entity shall

12 submit to the Secretary for approval a management plan

13 for the Heritage Area that presents comprehensive rec14 ommendations for the conservation, funding, management,

15 and development of the Heritage Area.

16 (b) REQUIREMENTS.—The management plan shall—

17 (1) take into consideration State, county, and

18 local plans;

19 (2) involve residents, public agencies, and pri20 vate organizations working in the Heritage Area;

21 (3) specify, as of the date of the plan, existing

22 and potential sources of funding to protect, manage,

23 and develop the Heritage Area; and

24 (4) include—
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1 (A) actions to be undertaken by units of

2 government and private organizations to protect

3 the resources of the Heritage Area;

4 (B) an inventory of the resources con5 tained in the Heritage Area, including a list of

6 any property in the Heritage Area that is re7 lated to the themes of the Heritage Area and

8 that should be preserved, restored, managed,

9 developed, or maintained because of its natural,

10 cultural, historical, recreational, or scenic sig11 nificance;

12 (C) a recommendation of policies for re13 source management that considers and details

14 application of appropriate land and water man15 agement techniques, including the development

16 of intergovernmental cooperative agreements to

17 protect the historical, cultural, recreational, and

18 natural resources of the Heritage Area in a

19 manner consistent with supporting appropriate

20 and compatible economic viability;

21 (D) a program for implementation of the

22 management plan by the management entity;

23 (E) an analysis of ways in which local,

24 State, and Federal programs may best be co-
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1 ordinated to promote the purposes of this Act;

2 and

3 (F) an interpretation plan for the Heritage

4 Area.

5 (c) DISQUALIFICATION FROM FUNDING.—If a man6 agement plan is not submitted to the Secretary on or be7 fore the date that is 3 years after the date of enactment

8 of this Act, the Heritage Area shall be ineligible to receive

9 Federal funding under this Act until the date on which

10 the Secretary receives the management plan.

11 (d) UPDATE OF PLAN.—In lieu of developing an

12 original management plan, the management entity may

13 update and submit to the Secretary the Schuylkill Herit14 age Corridor Management Action Plan that was approved

15 by the State in March, 1995, to meet the requirements

16 of this section.

17 SEC. 6. AUTHORITIES AND DUTIES OF THE MANAGEMENT

18 ENTITY.

19 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.—

20 For purposes of preparing and implementing the manage21 ment plan, the management entity may—

22 (1) make loans and grants to, and enter into

23 cooperative agreements with, the State and political

24 subdivisions of the State, private organizations, or

25 any person; and
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1 (2) hire and compensate staff.

2 (b) DUTIES OF THE MANAGEMENT ENTITY.—The

3 management entity shall—

4 (1) develop and submit the management plan

5 under section 5;

6 (2) give priority to implementing actions set

7 forth in the cooperative agreement and the manage8 ment plan, including taking steps to—

9 (A) assist units of government, regional

10 planning organizations, and nonprofit organiza11 tions in—

12 (i) preserving the Heritage Area;

13 (ii) establishing and maintaining in14 terpretive exhibits in the Heritage Area;

15 (iii) developing recreational resources

16 in the Heritage Area;

17 (iv) increasing public awareness of

18 and, appreciation for, the natural, histor19 ical, and architectural resources and sites

20 in the Heritage Area;

21 (v) restoring historic buildings relat22 ing to the themes of the Heritage Area;

23 and

24 (vi) ensuring that clear, consistent,

25 and environmentally appropriate signs
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1 identifying access points and sites of inter2 est are installed throughout the Heritage

3 Area;

4 (B) encourage economic viability in the

5 Heritage Area consistent with the goals of the

6 management plan; and

7 (C) encourage local governments to adopt

8 land use policies consistent with the manage9 ment of the Heritage Area and the goals of the

10 management plan;

11 (3) consider the interests of diverse govern12 mental, business, and nonprofit groups within the

13 Heritage Area;

14 (4) conduct public meetings at least quarterly

15 regarding the implementation of the management

16 plan;

17 (5) submit substantial changes (including any

18 increase of more than 20 percent in the cost esti19 mates for implementation) to the management plan

20 to the Secretary for the approval of the Secretary;

21 and

22 (6) for any fiscal year in which Federal funds

23 are received under this Act—

24 (A) submit to the Secretary a report

25 describing—
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1 (i) the accomplishments of the man2 agement entity;

3 (ii) the expenses and income of the

4 management entity; and

5 (iii) each entity to which the manage6 ment entity made any loan or grant during

7 the fiscal year;

8 (B) make available for audit all records

9 pertaining to the expenditure of Federal funds

10 and any matching funds, and require, for all

11 agreements authorizing expenditure of Federal

12 funds by organizations other than the manage13 ment entity, that the receiving organizations

14 make available for audit all records pertaining

15 to the expenditure of such funds; and

16 (C) require, for all agreements authorizing

17 expenditure of Federal funds by organizations

18 other than the management entity, that the re19 ceiving organizations make available for audit

20 all records pertaining to the expenditure of

21 Federal funds.

22 (c) USE OF FEDERAL FUNDS.—

23 (1) IN GENERAL.—The management entity

24 shall not use Federal funds received under this Act
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1 to acquire real property or an interest in real prop2 erty.

3 (2) OTHER SOURCES.—Nothing in this Act pre4 cludes the management entity from using Federal

5 funds from other sources for their permitted pur6 poses.

7 SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

8 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

9 (1) IN GENERAL.—At the request of the man10 agement entity, the Secretary may provide technical

11 and financial assistance to the Heritage Area to de12 velop and implement the management plan.

13 (2) PRIORITIES.—In assisting the management

14 entity, the Secretary shall give priority to actions

15 that assist in—

16 (A) conserving the significant natural, his17 torical, and cultural resources that support the

18 themes of the Heritage Area; and

19 (B) providing educational, interpretive, and

20 recreational opportunities consistent with the

21 resources and associated values of the Heritage

22 Area.

23 (3) EXPENDITURES FOR NON-FEDERALLY

24 OWNED PROPERTY.—The Secretary may spend Fed25 eral funds directly on non-federally owned property
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1 to further the purposes of this Act, especially assist2 ing units of government in appropriate treatment of

3 districts, sites, buildings, structures, and objects list4 ed or eligible for listing on the National Register of

5 Historic Places.

6 (b) APPROVAL AND DISAPPROVAL OF COOPERATIVE

7 AGREEMENTS AND MANAGEMENT PLANS.—

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

9 receiving a cooperative agreement or management

10 plan submitted under this Act, the Secretary, in con11 sultation with the Governor of the State, shall ap12 prove or disapprove the cooperative agreement or

13 management plan.

14 (2) ACTION FOLLOWING DISAPPROVAL.—

15 (A) IN GENERAL.—If the Secretary dis16 approves a cooperative agreement or manage17 ment plan, the Secretary shall—

18 (i) advise the management entity in

19 writing of the reasons for the disapproval;

20 and

21 (ii) make recommendations for revi22 sions in the cooperative agreement or plan.

23 (B) TIME PERIOD FOR DISAPPROVAL.—

24 Not later than 90 days after the date on which

25 a revision described under subparagraph (A)(ii)
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1 is submitted, the Secretary shall approve or dis2 approve the proposed revision.

3 (c) APPROVAL OF AMENDMENTS.—

4 (1) IN GENERAL.—The Secretary shall review

5 substantial amendments to the management plan.

6 (2) FUNDING EXPENDITURE LIMITATION.—

7 Funds appropriated under this Act may not be ex8 pended to implement any substantial amendment

9 until the Secretary approves the amendment.

10 SEC. 8. CULTURE AND HERITAGE OF ANTHRACITE COAL

11 REGION.

12 (a) IN GENERAL.—The management entities of herit13 age areas (other than the Heritage Area) in the anthracite

14 coal region in the State shall cooperate in the management

15 of the Heritage Area.

16 (b) FUNDING.—Management entities described in

17 subsection (a) may use funds appropriated for manage18 ment of the Heritage Area to carry out this section.

19 SEC. 9. SUNSET.

20 The Secretary may not make any grant or provide

21 any assistance under this Act after the date that is 15

22 years after the date of enactment of this Act.

23 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

24 (a) IN GENERAL.—There are authorized to be appro25 priated to carry out this Act not more than $10,000,000,
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1 of which not more than $1,000,000 is authorized to be

2 appropriated for any 1 fiscal year.

3 (b) FEDERAL SHARE.—Federal funding provided

4 under this Act may not exceed 50 percent of the total cost

5 of any project or activity funded under this Act.

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