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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 349 Reported in Senate (RS)]

                                                       Calendar No. 589
111th CONGRESS
  2d Session
                                 S. 349

                          [Report No. 111-303]

  To establish the Susquehanna Gateway National Heritage Area in the 
             State of Pennsylvania, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2009

Mr. Casey (for himself and Mr. Specter) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 27, 2010

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
  To establish the Susquehanna Gateway National Heritage Area in the 
             State of Pennsylvania, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Susquehanna Gateway 
National Heritage Area Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) numerous sites of significance to the heritage 
        of the United States are located within the boundaries of the 
        proposed Susquehanna Gateway National Heritage Area, which 
        includes the Lower Susquehanna River corridor and all of 
        Lancaster and York Counties in the State of 
        Pennsylvania;</DELETED>
        <DELETED>    (2) included among the more than 200 historically 
        significant sites, structures, districts, and tours in the area 
        are--</DELETED>
                <DELETED>    (A) the home of a former United States 
                President;</DELETED>
                <DELETED>    (B) the community where the Continental 
                Congress adopted the Articles of 
                Confederation;</DELETED>
                <DELETED>    (C) the homes of many prominent figures in 
                the history of the United States;</DELETED>
                <DELETED>    (D) the preserved agricultural landscape 
                of the Plain communities of Lancaster County, 
                Pennsylvania;</DELETED>
                <DELETED>    (E) the exceptional beauty and rich 
                cultural resources of the Susquehanna River 
                Gorge;</DELETED>
                <DELETED>    (F) numerous National Historic Landmarks, 
                National Historic Districts, and Main Street 
                communities; and</DELETED>
                <DELETED>    (G) many thriving examples of the 
                nationally significant industrial and agricultural 
                heritage of the region, which are collectively and 
                individually of significance to the history of the 
                United States;</DELETED>
        <DELETED>    (3) in 1999, a regional, collaborative public-
        private partnership of organizations and agencies began an 
        initiative to assess historic sites in Lancaster and York 
        Counties, Pennsylvania, for consideration as a Pennsylvania 
        Heritage Area;</DELETED>
        <DELETED>    (4) the initiative--</DELETED>
                <DELETED>    (A) issued a feasibility study of 
                significant stories, sites, and structures associated 
                with Native American, African-American, European-
                American, Colonial American, Revolutionary, and Civil 
                War history; and</DELETED>
                <DELETED>    (B) concluded that the sites and area--
                </DELETED>
                        <DELETED>    (i) possess historical, cultural, 
                        and architectural values of significance to the 
                        United States; and</DELETED>
                        <DELETED>    (ii) retain a high degree of 
                        historical integrity;</DELETED>
        <DELETED>    (5) in 2001, the feasibility study was followed by 
        development of a management action plan and designation of the 
        area by the State of Pennsylvania as an official Pennsylvania 
        Heritage Area;</DELETED>
        <DELETED>    (6) in 2008, a feasibility study report for the 
        Heritage Area--</DELETED>
                <DELETED>    (A) was prepared and submitted to the 
                National Park Service--</DELETED>
                        <DELETED>    (i) to document the significance 
                        of the area to the United States; and</DELETED>
                        <DELETED>    (ii) to demonstrate compliance 
                        with the interim criteria of the National Park 
                        Service for National Heritage Area designation; 
                        and</DELETED>
                <DELETED>    (B) found that throughout the history of 
                the United States, Lancaster and York Counties and the 
                Susquehanna Gateway region have played a key role in 
                the development of the political, cultural, and 
                economic identity of the United States;</DELETED>
        <DELETED>    (7) the people of the region in which the Heritage 
        Area is located have--</DELETED>
                <DELETED>    (A) advanced the cause of freedom; 
                and</DELETED>
                <DELETED>    (B) shared their agricultural bounty and 
                industrial ingenuity with the world;</DELETED>
        <DELETED>    (8) the town and country landscapes and natural 
        wonders of the area are visited and treasured by people from 
        across the globe;</DELETED>
        <DELETED>    (9) for centuries, the Susquehanna River has been 
        an important corridor of culture and commerce for the United 
        States, playing key roles as a major fishery, transportation 
        artery, power generator, and place for outdoor 
        recreation;</DELETED>
        <DELETED>    (10) the river and the region were a gateway to 
        the early settlement of the ever-moving frontier;</DELETED>
        <DELETED>    (11) the area played a critical role as host to 
        the Colonial government during a turning point in the 
        Revolutionary War;</DELETED>
        <DELETED>    (12) the rural landscape created by the Amish and 
        other Plain people of the region is of a scale and scope that 
        is rare, if not entirely unknown in any other region, in the 
        United States;</DELETED>
        <DELETED>    (13) for many people in the United States, the 
        Plain people of the region personify the virtues of faith, 
        honesty, community, and stewardship at the heart of the 
        identity of the United States;</DELETED>
        <DELETED>    (14) the regional stories of people, land, and 
        waterways in the area are essential parts of the story of the 
        United States and exemplify the qualities inherent in a 
        National Heritage Area;</DELETED>
        <DELETED>    (15) in 2008, the National Park Service found, 
        based on a comprehensive review of the Susquehanna Gateway 
        National Heritage Area Feasibility Study Report, that the area 
        meets the 10 interim criteria of the National Park Service for 
        designation of a National Heritage Area;</DELETED>
        <DELETED>    (16) the preservation and interpretation of the 
        sites within the Heritage Area will make a vital contribution 
        to the understanding of the development and heritage of the 
        United States for the education and benefit of present and 
        future generations;</DELETED>
        <DELETED>    (17) the Secretary of the Interior is responsible 
        for protecting the historic and cultural resources of the 
        United States;</DELETED>
        <DELETED>    (18) there are significant examples of historic 
        and cultural resources within the Heritage Area that merit the 
        involvement of the Federal Government, in cooperation with the 
        management entity and State and local governmental bodies, to 
        develop programs and projects to adequately conserve, support, 
        protect, and interpret the heritage of the area;</DELETED>
        <DELETED>    (19) partnerships between the Federal Government, 
        State and local governments, regional entities, the private 
        sector, and citizens of the area offer the most effective 
        opportunities for the enhancement and management of the 
        historic sites throughout the Heritage Area to promote the 
        cultural and historic attractions of the Heritage Area for 
        visitors and the local economy; and</DELETED>
        <DELETED>    (20) the Lancaster-York Heritage Region, a 
        501(c)(3) nonprofit corporation and State-designated management 
        entity of the Pennsylvania Heritage Area, would be an 
        appropriate management entity for the Heritage Area.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Heritage area.--The term ``Heritage Area'' 
        means the Susquehanna Gateway National Heritage Area 
        established by section 4(a).</DELETED>
        <DELETED>    (2) Management entity.--The term ``management 
        entity'' means the management entity for the Heritage Area 
        designated by section 5(a).</DELETED>
        <DELETED>    (3) Management plan.--The term ``management plan'' 
        means the plan developed by the management entity under section 
        6(a).</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (5) State.--The term ``State'' means the State of 
        Pennsylvania.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF SUSQUEHANNA GATEWAY NATIONAL HERITAGE 
              AREA.</DELETED>

<DELETED>    (a) In General.--There is established in the State the 
Susquehanna Gateway National Heritage Area.</DELETED>
<DELETED>    (b) Boundaries.--The Heritage Area shall include a core 
area located in south-central Pennsylvania consisting of an 1869-
square-mile region east and west of the Susquehanna River and 
encompassing Lancaster and York Counties.</DELETED>
<DELETED>    (c) Map.--A map of the Heritage Area shall be--</DELETED>
        <DELETED>    (1) included in the management plan; and</DELETED>
        <DELETED>    (2) on file in the appropriate offices of the 
        National Park Service.</DELETED>

<DELETED>SEC. 5. DESIGNATION OF MANAGEMENT ENTITY.</DELETED>

<DELETED>    (a) Management Entity.--The Lancaster-York Heritage Region 
shall be the management entity for the Heritage Area.</DELETED>
<DELETED>    (b) Authorities of Management Entity.--The management 
entity may, for purposes of preparing and implementing the management 
plan, use Federal funds made available under this Act--</DELETED>
        <DELETED>    (1) to prepare reports, studies, interpretive 
        exhibits and programs, historic preservation projects, and 
        other activities recommended in the management plan for the 
        Heritage Area;</DELETED>
        <DELETED>    (2) to pay for operational expenses of the 
        management entity;</DELETED>
        <DELETED>    (3) to make grants to the State, political 
        subdivisions of the State, nonprofit organizations, and other 
        persons;</DELETED>
        <DELETED>    (4) to enter into cooperative agreements with the 
        State, political subdivisions of the State, nonprofit 
        organizations, and other organizations;</DELETED>
        <DELETED>    (5) to hire and compensate staff;</DELETED>
        <DELETED>    (6) to obtain funds or services from any source, 
        including funds and services provided under any other Federal 
        program or law; and</DELETED>
        <DELETED>    (7) to contract for goods and services.</DELETED>
<DELETED>    (c) Duties of Management Entity.--To further the purposes 
of the Heritage Area, the management entity shall--</DELETED>
        <DELETED>    (1) prepare a management plan for the Heritage 
        Area in accordance with section 6;</DELETED>
        <DELETED>    (2) give priority to the implementation of 
        actions, goals, and strategies set forth in the management 
        plan, including assisting units of government and other persons 
        in--</DELETED>
                <DELETED>    (A) carrying out programs and projects 
                that recognize and protect important resource values in 
                the Heritage Area;</DELETED>
                <DELETED>    (B) encouraging economic viability in the 
                Heritage Area in accordance with the goals of the 
                management plan;</DELETED>
                <DELETED>    (C) establishing and maintaining 
                interpretive exhibits in the Heritage Area;</DELETED>
                <DELETED>    (D) developing heritage-based recreational 
                and educational opportunities for residents and 
                visitors in the Heritage Area;</DELETED>
                <DELETED>    (E) increasing public awareness of and 
                appreciation for the natural, historic, and cultural 
                resources of the Heritage Area;</DELETED>
                <DELETED>    (F) restoring historic buildings that 
                are--</DELETED>
                        <DELETED>    (i) located in the Heritage Area; 
                        and</DELETED>
                        <DELETED>    (ii) related to the themes of the 
                        Heritage Area; and</DELETED>
                <DELETED>    (G) installing throughout the Heritage 
                Area clear, consistent, and appropriate signs 
                identifying public access points and sites of 
                interest;</DELETED>
        <DELETED>    (3) consider the interests of diverse units of 
        government, businesses, tourism officials, private property 
        owners, and nonprofit groups within the Heritage Area in 
        developing and implementing the management plan;</DELETED>
        <DELETED>    (4) conduct public meetings at least semiannually 
        regarding the development and implementation of the management 
        plan; and</DELETED>
        <DELETED>    (5) for any fiscal year for which Federal funds 
        are received under this Act--</DELETED>
                <DELETED>    (A) submit to the Secretary an annual 
                report that describes--</DELETED>
                        <DELETED>    (i) the accomplishments of the 
                        management entity;</DELETED>
                        <DELETED>    (ii) the expenses and income of 
                        the management entity; and</DELETED>
                        <DELETED>    (iii) the entities to which the 
                        management entity made any grants;</DELETED>
                <DELETED>    (B) make available for audit all records 
                relating to the expenditure of the Federal funds and 
                any matching funds; and</DELETED>
                <DELETED>    (C) require, with respect to all 
                agreements authorizing the expenditure of Federal funds 
                by other organizations, that the receiving 
                organizations make available for audit all records 
                relating to the expenditure of the Federal 
                funds.</DELETED>
<DELETED>    (d) Prohibition on Acquisition of Real Property.--
</DELETED>
        <DELETED>    (1) In general.--The management entity shall not 
        use Federal funds received under this Act to acquire real 
        property or any interest in real property.</DELETED>
        <DELETED>    (2) Other sources.--Nothing in this Act precludes 
        the management entity from using Federal funds from other 
        sources for authorized purposes, including the acquisition of 
        real property or any interest in real property.</DELETED>

<DELETED>SEC. 6. MANAGEMENT PLAN.</DELETED>

<DELETED>    (a) In General.--Not later than 3 years after the date on 
which funds are first made available to carry out this Act, the 
management entity shall prepare and submit to the Secretary a 
management plan for the Heritage Area.</DELETED>
<DELETED>    (b) Contents.--The management plan for the Heritage Area 
shall--</DELETED>
        <DELETED>    (1) include comprehensive policies, strategies, 
        and recommendations for the conservation, funding, management, 
        and development of the Heritage Area;</DELETED>
        <DELETED>    (2) take into consideration existing State, 
        county, and local plans;</DELETED>
        <DELETED>    (3) specify the existing and potential sources of 
        funding to protect, manage, and develop the Heritage 
        Area;</DELETED>
        <DELETED>    (4) include an inventory of the natural, historic, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area relating to the themes of the Heritage Area 
        that should be preserved, restored, managed, developed, or 
        maintained; and</DELETED>
        <DELETED>    (5) include an analysis of, and recommendations 
        for, ways in which Federal, State, and local programs, may best 
        be coordinated to further the purposes of this Act, including 
        recommendations for the role of the National Park Service in 
        the Heritage Area.</DELETED>
<DELETED>    (c) Disqualification From Funding.--If a proposed 
management plan is not submitted to the Secretary by the date that is 3 
years after the date on which funds are first made available to carry 
out this Act, the management entity may not receive additional funding 
under this Act until the date on which the Secretary receives the 
proposed management plan.</DELETED>
<DELETED>    (d) Approval and Disapproval of Management Plan.--
</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date on which the management entity submits the management plan 
        to the Secretary, the Secretary shall approve or disapprove the 
        proposed management plan.</DELETED>
        <DELETED>    (2) Considerations.--In determining whether to 
        approve or disapprove the management plan, the Secretary shall 
        consider whether--</DELETED>
                <DELETED>    (A) the management entity is 
                representative of the diverse interests of the Heritage 
                Area, including governments, natural and historic 
                resource protection organizations, educational 
                institutions, businesses, and recreational 
                organizations;</DELETED>
                <DELETED>    (B) the management entity has provided 
                adequate opportunities (including public meetings) for 
                public and governmental involvement in the preparation 
                of the management plan;</DELETED>
                <DELETED>    (C) the resource protection and 
                interpretation strategies contained in the management 
                plan, if implemented, would adequately protect the 
                natural, historic, and cultural resources of the 
                Heritage Area; and</DELETED>
                <DELETED>    (D) the management plan is supported by 
                the appropriate State and local officials, the 
                cooperation of which is needed to ensure the effective 
                implementation of the State and local aspects of the 
                management plan.</DELETED>
        <DELETED>    (3) Disapproval and revisions.--</DELETED>
                <DELETED>    (A) In general.--If the Secretary 
                disapproves a proposed management plan, the Secretary 
                shall--</DELETED>
                        <DELETED>    (i) advise the management entity, 
                        in writing, of the reasons for the disapproval; 
                        and</DELETED>
                        <DELETED>    (ii) make recommendations for 
                        revision of the proposed management 
                        plan.</DELETED>
                <DELETED>    (B) Approval or disapproval.--The 
                Secretary shall approve or disapprove a revised 
                management plan not later than 180 days after the date 
                on which the revised management plan is 
                submitted.</DELETED>
<DELETED>    (e) Approval of Amendments.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall review and 
        approve or disapprove substantial amendments to the management 
        plan in accordance with subsection (d).</DELETED>
        <DELETED>    (2) Funding.--Funds appropriated under this Act 
        may not be expended to implement any changes made by an 
        amendment to the management plan until the Secretary approves 
        the amendment.</DELETED>

<DELETED>SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.</DELETED>

<DELETED>    (a) In General.--Nothing in this Act affects the authority 
of a Federal agency to provide technical or financial assistance under 
any other law.</DELETED>
<DELETED>    (b) Consultation and Coordination.--The head of any 
Federal agency planning to conduct activities that may have an impact 
on the Heritage Area is encouraged to consult and coordinate the 
activities with the Secretary and the management entity to the extent 
practicable.</DELETED>
<DELETED>    (c) Other Federal Agencies.--Nothing in this Act--
</DELETED>
        <DELETED>    (1) modifies, alters, or amends any law or 
        regulation authorizing a Federal agency to manage Federal land 
        under the jurisdiction of the Federal agency;</DELETED>
        <DELETED>    (2) limits the discretion of a Federal land 
        manager to implement an approved land use plan within the 
        boundaries of the Heritage Area; or</DELETED>
        <DELETED>    (3) modifies, alters, or amends any authorized use 
        of Federal land under the jurisdiction of a Federal 
        agency.</DELETED>

<DELETED>SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.</DELETED>

<DELETED>    Nothing in this Act--</DELETED>
        <DELETED>    (1) abridges the rights of any property owner 
        (whether public or private), including the right to refrain 
        from participating in any plan, project, program, or activity 
        conducted within the Heritage Area;</DELETED>
        <DELETED>    (2) requires any property owner to permit public 
        access (including access by Federal, State, or local agencies) 
        to the property of the property owner, or to modify public 
        access or use of property of the property owner under any other 
        Federal, State, or local law;</DELETED>
        <DELETED>    (3) alters any duly adopted land use regulation, 
        approved land use plan, or other regulatory authority of any 
        Federal, State, or local agency, or conveys any land use or 
        other regulatory authority to the management entity;</DELETED>
        <DELETED>    (4) authorizes or implies the reservation or 
        appropriation of water or water rights;</DELETED>
        <DELETED>    (5) diminishes the authority of the State to 
        manage fish and wildlife, including the regulation of fishing 
        and hunting within the Heritage Area; or</DELETED>
        <DELETED>    (6) creates any liability, or affects any 
        liability under any other law, of any private property owner 
        with respect to any person injured on the private 
        property.</DELETED>

<DELETED>SEC. 9. EVALUATION; REPORT.</DELETED>

<DELETED>    (a) In General.--Not later than 3 years before the date on 
which authority for Federal funding terminates for the Heritage Area, 
the Secretary shall--</DELETED>
        <DELETED>    (1) conduct an evaluation of the accomplishments 
        of the Heritage Area; and</DELETED>
        <DELETED>    (2) prepare a report in accordance with subsection 
        (c).</DELETED>
<DELETED>    (b) Evaluation.--An evaluation conducted under subsection 
(a)(1) shall--</DELETED>
        <DELETED>    (1) assess the progress of the management entity 
        with respect to--</DELETED>
                <DELETED>    (A) accomplishing the purposes of this Act 
                for the Heritage Area; and</DELETED>
                <DELETED>    (B) achieving the goals and objectives of 
                the approved management plan for the Heritage 
                Area;</DELETED>
        <DELETED>    (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and</DELETED>
        <DELETED>    (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area for purposes of 
        identifying the critical components for sustainability of the 
        Heritage Area.</DELETED>
<DELETED>    (c) Report.--</DELETED>
        <DELETED>    (1) In general.--Based on the evaluation conducted 
        under subsection (a)(1), the Secretary shall prepare a report 
        that includes recommendations for the future role of the 
        National Park Service, if any, with respect to the Heritage 
        Area.</DELETED>
        <DELETED>    (2) Required analysis.--If the report prepared 
        under paragraph (1) recommends that Federal funding for the 
        Heritage Area be reauthorized, the report shall include an 
        analysis of--</DELETED>
                <DELETED>    (A) ways in which Federal funding for the 
                Heritage Area may be reduced or eliminated; 
                and</DELETED>
                <DELETED>    (B) the appropriate time period necessary 
                to achieve the recommended reduction or 
                elimination.</DELETED>
        <DELETED>    (3) Submission to congress.--On completion of the 
        report, the Secretary shall submit the report to--</DELETED>
                <DELETED>    (A) the Committee on Energy and Natural 
                Resources of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Natural Resources of 
                the House of Representatives.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There is authorized to be appropriated to 
carry out this Act $10,000,000, of which not more than $1,000,000 may 
be authorized to be appropriated for any fiscal year.</DELETED>
<DELETED>    (b) Cost-sharing Requirement.--The Federal share of the 
cost of any activity carried out using funds made available under this 
Act shall be not more than 50 percent.</DELETED>

<DELETED>SEC. 11. TERMINATION OF AUTHORITY.</DELETED>

<DELETED>    The authority of the Secretary to provide financial 
assistance under this Act terminates on the date that is 15 years after 
the date of enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Susquehanna Gateway National 
Heritage Area Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Susquehanna Gateway National Heritage Area established by 
        section 3(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by section 4(a).
            (3) Management plan.--The term ``management plan'' means 
        the plan developed by the local coordinating entity under 
        section 5(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of 
        Pennsylvania.

SEC. 3. SUSQUEHANNA GATEWAY NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Susquehanna Gateway 
National Heritage Area in the State.
    (b) Boundaries.--The Heritage Area shall include Lancaster and York 
Counties, Pennsylvania.

SEC. 4. DESIGNATION OF LOCAL COORDINATING ENTITY.

    (a) Local Coordinating Entity.--The Susquehanna Heritage 
Corporation, a nonprofit organization established under the laws of the 
State, shall be the local coordinating entity for the Heritage Area.
    (b) Authorities of Local Coordinating Entity.--The local 
coordinating entity may, for purposes of preparing and implementing the 
management plan, use Federal funds made available under this Act--
            (1) to prepare reports, studies, interpretive exhibits and 
        programs, historic preservation projects, and other activities 
        recommended in the management plan for the Heritage Area;
            (2) to make grants to the State, political subdivisions of 
        the State, nonprofit organizations, and other persons;
            (3) to enter into cooperative agreements with the State, 
        political subdivisions of the State, nonprofit organizations, 
        and other organizations;
            (4) to hire and compensate staff;
            (5) to obtain funds or services from any source, including 
        funds and services provided under any other Federal program or 
        law; and
            (6) to contract for goods and services.
    (c) Duties of Local Coordinating Entity.--To further the purposes 
of the Heritage Area, the local coordinating entity shall--
            (1) prepare a management plan for the Heritage Area in 
        accordance with section 5;
            (2) give priority to the implementation of actions, goals, 
        and strategies set forth in the management plan, including 
        assisting units of government and other persons in--
                    (A) carrying out programs and projects that 
                recognize and protect important resource values in the 
                Heritage Area;
                    (B) encouraging economic viability in the Heritage 
                Area in accordance with the goals of the management 
                plan;
                    (C) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (D) developing heritage-based recreational and 
                educational opportunities for residents and visitors in 
                the Heritage Area;
                    (E) increasing public awareness of and appreciation 
                for the natural, historic, and cultural resources of 
                the Heritage Area;
                    (F) restoring historic buildings that are--
                            (i) located in the Heritage Area; and
                            (ii) related to the themes of the Heritage 
                        Area; and
                    (G) installing throughout the Heritage Area clear, 
                consistent, and appropriate signs identifying public 
                access points and sites of interest;
            (3) consider the interests of diverse units of government, 
        businesses, tourism officials, private property owners, and 
        nonprofit groups within the Heritage Area in developing and 
        implementing the management plan;
            (4) conduct public meetings at least semiannually regarding 
        the development and implementation of the management plan; and
            (5) for any fiscal year for which Federal funds are 
        received under this Act--
                    (A) submit to the Secretary an annual report that 
                describes--
                            (i) the accomplishments of the local 
                        coordinating entity;
                            (ii) the expenses and income of the local 
                        coordinating entity; and
                            (iii) the entities to which the local 
                        coordinating entity made any grants;
                    (B) make available for audit all records relating 
                to the expenditure of the Federal funds and any 
                matching funds; and
                    (C) require, with respect to all agreements 
                authorizing the expenditure of Federal funds by other 
                organizations, that the receiving organizations make 
                available for audit all records relating to the 
                expenditure of the Federal funds.
    (d) Prohibition on Acquisition of Real Property.--
            (1) In general.--The local coordinating entity shall not 
        use Federal funds received under this Act to acquire real 
        property or any interest in real property.
            (2) Other sources.--Nothing in this Act precludes the local 
        coordinating entity from using Federal funds from other sources 
        for authorized purposes, including the acquisition of real 
        property or any interest in real property.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are first made available to carry out this Act, the local 
coordinating entity shall prepare and submit to the Secretary a 
management plan for the Heritage Area.
    (b) Contents.--The management plan for the Heritage Area shall--
            (1) include comprehensive policies, strategies, and 
        recommendations for the conservation, funding, management, and 
        development of the Heritage Area;
            (2) take into consideration existing State, county, and 
        local plans;
            (3) specify the existing and potential sources of funding 
        to protect, manage, and develop the Heritage Area;
            (4) include an inventory of the natural, historic, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area relating to the themes of the Heritage Area 
        that should be preserved, restored, managed, developed, or 
        maintained; and
            (5) include an analysis of, and recommendations for, ways 
        in which Federal, State, and local programs, may best be 
        coordinated to further the purposes of this Act, including 
        recommendations for the role of the National Park Service in 
        the Heritage Area.
    (c) Disqualification From Funding.--If a proposed management plan 
is not submitted to the Secretary by the date that is 3 years after the 
date on which funds are first made available to carry out this Act, the 
local coordinating entity may not receive additional funding under this 
Act until the date on which the Secretary receives the proposed 
management plan.
    (d) Approval and Disapproval of Management Plan.--
            (1) In general.--Not later than 180 days after the date on 
        which the local coordinating entity submits the management plan 
        to the Secretary, the Secretary shall approve or disapprove the 
        proposed management plan.
            (2) Considerations.--In determining whether to approve or 
        disapprove the management plan, the Secretary shall consider 
        whether--
                    (A) the local coordinating entity is representative 
                of the diverse interests of the Heritage Area, 
                including governments, natural and historic resource 
                protection organizations, educational institutions, 
                businesses, and recreational organizations;
                    (B) the local coordinating entity has provided 
                adequate opportunities (including public meetings) for 
                public and governmental involvement in the preparation 
                of the management plan;
                    (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                historic, and cultural resources of the Heritage Area; 
                and
                    (D) the management plan is supported by the 
                appropriate State and local officials, the cooperation 
                of which is needed to ensure the effective 
                implementation of the State and local aspects of the 
                management plan.
            (3) Disapproval and revisions.--
                    (A) In general.--If the Secretary disapproves a 
                proposed management plan, the Secretary shall--
                            (i) advise the local coordinating entity, 
                        in writing, of the reasons for the disapproval; 
                        and
                            (ii) make recommendations for revision of 
                        the proposed management plan.
                    (B) Approval or disapproval.--The Secretary shall 
                approve or disapprove a revised management plan not 
                later than 180 days after the date on which the revised 
                management plan is submitted.
    (e) Approval of Amendments.--
            (1) In general.--The Secretary shall review and approve or 
        disapprove substantial amendments to the management plan in 
        accordance with subsection (d).
            (2) Funding.--Funds appropriated under this Act may not be 
        expended to implement any changes made by an amendment to the 
        management plan until the Secretary approves the amendment.

SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities with the 
Secretary and the local coordinating entity to the extent practicable.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law or regulation 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any property owner (whether 
        public or private), including the right to refrain from 
        participating in any plan, project, program, or activity 
        conducted within the Heritage Area;
            (2) requires any property owner to permit public access 
        (including access by Federal, State, or local agencies) to the 
        property of the property owner, or to modify public access or 
        use of property of the property owner under any other Federal, 
        State, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, or local agency, or conveys any land use or other 
        regulatory authority to the local coordinating entity;
            (4) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (5) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (6) creates any liability, or affects any liability under 
        any other law, of any private property owner with respect to 
        any person injured on the private property.

SEC. 8. EVALUATION; REPORT.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area, the 
Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
            (2) prepare a report in accordance with subsection (c).
    (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
            (1) assess the progress of the local coordinating entity 
        with respect to--
                    (A) accomplishing the purposes of this Act for the 
                Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
            (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area for purposes of 
        identifying the critical components for sustainability of the 
        Heritage Area.
    (c) Report.--
            (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), the Secretary shall prepare a report that 
        includes recommendations for the future role of the National 
        Park Service, if any, with respect to the Heritage Area.
            (2) Required analysis.--If the report prepared under 
        paragraph (1) recommends that Federal funding for the Heritage 
        Area be reauthorized, the report shall include an analysis of--
                    (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination.
            (3) Submission to congress.--On completion of the report, 
        the Secretary shall submit the report to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, of which not more than $1,000,000 may be 
authorized to be appropriated for any fiscal year.
    (b) Cost-sharing Requirement.--The Federal share of the cost of any 
activity carried out using funds made available under this Act shall be 
not more than 50 percent.

SEC. 10. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide financial assistance 
under this Act terminates on the date that is 15 years after the date 
of enactment of this Act.
                                                       Calendar No. 589

111th CONGRESS

  2d Session

                                 S. 349

                          [Report No. 111-303]

_______________________________________________________________________

                                 A BILL

  To establish the Susquehanna Gateway National Heritage Area in the 
             State of Pennsylvania, and for other purposes.

_______________________________________________________________________

                           September 27, 2010

                       Reported with an amendment
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