II 

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. 

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 ‘‘Susquehanna Gateway 

5 National Heritage Area Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) numerous sites of significance to the herit4 age of the United States are located within the 

5 boundaries of the proposed Susquehanna Gateway 

6 National Heritage Area, which includes the Lower 

7 Susquehanna River corridor and all of Lancaster 

8 and York Counties in the State of Pennsylvania; 

9 (2) included among the more than 200 histori10 cally significant sites, structures, districts, and tours 

11 in the area are— 

12 (A) the home of a former United States 

13 President; 

14 (B) the community where the Continental 

15 Congress adopted the Articles of Confederation; 

16 (C) the homes of many prominent figures 

17 in the history of the United States; 

18 (D) the preserved agricultural landscape of 

19 the Plain communities of Lancaster County, 

20 Pennsylvania; 

21 (E) the exceptional beauty and rich cul22 tural resources of the Susquehanna River 

23 Gorge; 

24 (F) numerous National Historic Land25 marks, National Historic Districts, and Main 

26 Street communities; and 


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1 (G) many thriving examples of the nation2 ally significant industrial and agricultural herit3 age of the region, which are collectively and in4 dividually of significance to the history of the 

5 United States; 

6 (3) in 1999, a regional, collaborative public-pri7 vate partnership of organizations and agencies began 

8 an initiative to assess historic sites in Lancaster and 

9 York Counties, Pennsylvania, for consideration as a 

10 Pennsylvania Heritage Area; 

11 (4) the initiative— 

12 (A) issued a feasibility study of significant 

13 stories, sites, and structures associated with 

14 Native American, African-American, European15 American, Colonial American, Revolutionary, 

16 and Civil War history; and 

17 (B) concluded that the sites and area— 

18 (i) possess historical, cultural, and ar19 chitectural values of significance to the 

20 United States; and 

21 (ii) retain a high degree of historical 

22 integrity; 

23 (5) in 2001, the feasibility study was followed 

24 by development of a management action plan and 


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1 designation of the area by the State of Pennsylvania 

2 as an official Pennsylvania Heritage Area; 

3 (6) in 2008, a feasibility study report for the 

4 Heritage Area— 

5 (A) was prepared and submitted to the 

6 National Park Service— 

7 (i) to document the significance of the 

8 area to the United States; and 

9 (ii) to demonstrate compliance with 

10 the interim criteria of the National Park 

11 Service for National Heritage Area des12 ignation; and 

13 (B) found that throughout the history of 

14 the United States, Lancaster and York Coun15 ties and the Susquehanna Gateway region have 

16 played a key role in the development of the po17 litical, cultural, and economic identity of the 

18 United States; 

19 (7) the people of the region in which the Herit20 age Area is located have— 

21 (A) advanced the cause of freedom; and 

22 (B) shared their agricultural bounty and 

23 industrial ingenuity with the world; 


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1 (8) the town and country landscapes and nat2 ural wonders of the area are visited and treasured 

3 by people from across the globe; 

4 (9) for centuries, the Susquehanna River has 

5 been an important corridor of culture and commerce 

6 for the United States, playing key roles as a major 

7 fishery, transportation artery, power generator, and 

8 place for outdoor recreation; 

9 (10) the river and the region were a gateway to 

10 the early settlement of the ever-moving frontier; 

11 (11) the area played a critical role as host to 

12 the Colonial government during a turning point in 

13 the Revolutionary War; 

14 (12) the rural landscape created by the Amish 

15 and other Plain people of the region is of a scale and 

16 scope that is rare, if not entirely unknown in any 

17 other region, in the United States; 

18 (13) for many people in the United States, the 

19 Plain people of the region personify the virtues of 

20 faith, honesty, community, and stewardship at the 

21 heart of the identity of the United States; 

22 (14) the regional stories of people, land, and 

23 waterways in the area are essential parts of the 

24 story of the United States and exemplify the quali25 ties inherent in a National Heritage Area; 


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1 (15) in 2008, the National Park Service found, 

2 based on a comprehensive review of the Susque3 hanna Gateway National Heritage Area Feasibility 

4 Study Report, that the area meets the 10 interim 

5 criteria of the National Park Service for designation 

6 of a National Heritage Area; 

7 (16) the preservation and interpretation of the 

8 sites within the Heritage Area will make a vital con9 tribution to the understanding of the development 

10 and heritage of the United States for the education 

11 and benefit of present and future generations; 

12 (17) the Secretary of the Interior is responsible 

13 for protecting the historic and cultural resources of 

14 the United States; 

15 (18) there are significant examples of historic 

16 and cultural resources within the Heritage Area that 

17 merit the involvement of the Federal Government, in 

18 cooperation with the management entity and State 

19 and local governmental bodies, to develop programs 

20 and projects to adequately conserve, support, pro21 tect, and interpret the heritage of the area; 

22 (19) partnerships between the Federal Govern23 ment, State and local governments, regional entities, 

24 the private sector, and citizens of the area offer the 

25 most effective opportunities for the enhancement 


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1 and management of the historic sites throughout the 

2 Heritage Area to promote the cultural and historic 

3 attractions of the Heritage Area for visitors and the 

4 local economy; and 

5 (20) the Lancaster-York Heritage Region, a 

6 501(c)(3) nonprofit corporation and State-des7 ignated management entity of the Pennsylvania Her8 itage Area, would be an appropriate management 

9 entity for the Heritage Area. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) HERITAGE AREA.—The term ‘‘Heritage 

13 Area’’ means the Susquehanna Gateway National 

14 Heritage Area established by section 4(a). 

15 (2) MANAGEMENT ENTITY.—The term ‘‘man16 agement entity’’ means the management entity for 

17 the Heritage Area designated by section 5(a). 

18 (3) MANAGEMENT PLAN.—The term ‘‘manage19 ment plan’’ means the plan developed by the man20 agement entity under section 6(a). 

21 (4) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior. 

23 (5) STATE.—The term ‘‘State’’ means the State 

24 of Pennsylvania. 


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1 SEC. 4. ESTABLISHMENT OF SUSQUEHANNA GATEWAY NA2 TIONAL HERITAGE AREA. 

3 (a) IN GENERAL.—There is established in the State 

4 the Susquehanna Gateway National Heritage Area. 

5 (b) BOUNDARIES.—The Heritage Area shall include 

6 a core area located in south-central Pennsylvania con7 sisting of an 1869-square-mile region east and west of the 

8 Susquehanna River and encompassing Lancaster and 

9 York Counties. 

10 (c) MAP.—A map of the Heritage Area shall be— 

11 (1) included in the management plan; and 

12 (2) on file in the appropriate offices of the Na13 tional Park Service. 

14 SEC. 5. DESIGNATION OF MANAGEMENT ENTITY. 

15 (a) MANAGEMENT ENTITY.—The Lancaster-York 

16 Heritage Region shall be the management entity for the 

17 Heritage Area. 

18 (b) AUTHORITIES OF MANAGEMENT ENTITY.—The 

19 management entity may, for purposes of preparing and 

20 implementing the management plan, use Federal funds 

21 made available under this Act— 

22 (1) to prepare reports, studies, interpretive ex23 hibits and programs, historic preservation projects, 

24 and other activities recommended in the manage25 ment plan for the Heritage Area; 


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1 (2) to pay for operational expenses of the man2 agement entity; 

3 (3) to make grants to the State, political sub4 divisions of the State, nonprofit organizations, and 

5 other persons; 

6 (4) to enter into cooperative agreements with 

7 the State, political subdivisions of the State, non8 profit organizations, and other organizations; 

9 (5) to hire and compensate staff; 

10 (6) to obtain funds or services from any source, 

11 including funds and services provided under any 

12 other Federal program or law; and 

13 (7) to contract for goods and services. 

14 (c) DUTIES OF MANAGEMENT ENTITY.—To further 

15 the purposes of the Heritage Area, the management entity 

16 shall— 

17 (1) prepare a management plan for the Herit18 age Area in accordance with section 6; 

19 (2) give priority to the implementation of ac20 tions, goals, and strategies set forth in the manage21 ment plan, including assisting units of government 

22 and other persons in— 

23 (A) carrying out programs and projects 

24 that recognize and protect important resource 

25 values in the Heritage Area; 


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1 (B) encouraging economic viability in the 

2 Heritage Area in accordance with the goals of 

3 the management plan; 

4 (C) establishing and maintaining interpre5 tive exhibits in the Heritage Area; 

6 (D) developing heritage-based recreational 

7 and educational opportunities for residents and 

8 visitors in the Heritage Area; 

9 (E) increasing public awareness of and ap10 preciation for the natural, historic, and cultural 

11 resources of the Heritage Area; 

12 (F) restoring historic buildings that are— 

13 (i) located in the Heritage Area; and 

14 (ii) related to the themes of the Herit15 age Area; and 

16 (G) installing throughout the Heritage 

17 Area clear, consistent, and appropriate signs 

18 identifying public access points and sites of in19 terest; 

20 (3) consider the interests of diverse units of 

21 government, businesses, tourism officials, private 

22 property owners, and nonprofit groups within the 

23 Heritage Area in developing and implementing the 

24 management plan; 


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1 (4) conduct public meetings at least semiannu2 ally regarding the development and implementation 

3 of the management plan; and 

4 (5) for any fiscal year for which Federal funds 

5 are received under this Act— 

6 (A) submit to the Secretary an annual re7 port that describes— 

8 (i) the accomplishments of the man9 agement entity; 

10 (ii) the expenses and income of the 

11 management entity; and 

12 (iii) the entities to which the manage13 ment entity made any grants; 

14 (B) make available for audit all records re15 lating to the expenditure of the Federal funds 

16 and any matching funds; and 

17 (C) require, with respect to all agreements 

18 authorizing the expenditure of Federal funds by 

19 other organizations, that the receiving organiza20 tions make available for audit all records relat21 ing to the expenditure of the Federal funds. 

22 (d) PROHIBITION ON ACQUISITION OF REAL PROP23 ERTY.— 

24 (1) IN GENERAL.—The management entity 

25 shall not use Federal funds received under this Act 


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1 to acquire real property or any 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 authorized purposes, 

6 including the acquisition of real property or any in7 terest in real property. 

8 SEC. 6. MANAGEMENT PLAN. 

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

10 date on which funds are first made available to carry out 

11 this Act, the management entity shall prepare and submit 

12 to the Secretary a management plan for the Heritage 

13 Area. 

14 (b) CONTENTS.—The management plan for the Her15 itage Area shall— 

16 (1) include comprehensive policies, strategies, 

17 and recommendations for the conservation, funding, 

18 management, and development of the Heritage Area; 

19 (2) take into consideration existing State, coun20 ty, and local plans; 

21 (3) specify the existing and potential sources of 

22 funding to protect, manage, and develop the Herit23 age Area; 

24 (4) include an inventory of the natural, historic, 

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1 sources of the Heritage Area relating to the themes 

2 of the Heritage Area that should be preserved, re3 stored, managed, developed, or maintained; and 

4 (5) include an analysis of, and recommenda5 tions for, ways in which Federal, State, and local 

6 programs, may best be coordinated to further the 

7 purposes of this Act, including recommendations for 

8 the role of the National Park Service in the Heritage 

9 Area. 

10 (c) DISQUALIFICATION FROM FUNDING.—If a pro11 posed management plan is not submitted to the Secretary 

12 by the date that is 3 years after the date on which funds 

13 are first made available to carry out this Act, the manage14 ment entity may not receive additional funding under this 

15 Act until the date on which the Secretary receives the pro16 posed management plan. 

17 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

18 PLAN.— 

19 (1) IN GENERAL.—Not later than 180 days 

20 after the date on which the management entity sub21 mits the management plan to the Secretary, the Sec22 retary shall approve or disapprove the proposed 

23 management plan. 


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1 (2) CONSIDERATIONS.—In determining whether 

2 to approve or disapprove the management plan, the 

3 Secretary shall consider whether— 

4 (A) the management entity is representa5 tive of the diverse interests of the Heritage 

6 Area, including governments, natural and his7 toric resource protection organizations, edu8 cational institutions, businesses, and rec9 reational organizations; 

10 (B) the management entity has provided 

11 adequate opportunities (including public meet12 ings) for public and governmental involvement 

13 in the preparation of the management plan; 

14 (C) the resource protection and interpreta15 tion strategies contained in the management 

16 plan, if implemented, would adequately protect 

17 the natural, historic, and cultural resources of 

18 the Heritage Area; and 

19 (D) the management plan is supported by 

20 the appropriate State and local officials, the co21 operation of which is needed to ensure the ef22 fective implementation of the State and local 

23 aspects of the management plan. 

24 (3) DISAPPROVAL AND REVISIONS.— 


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1 (A) IN GENERAL.—If the Secretary dis2 approves a proposed management plan, the Sec3 retary shall— 

4 (i) advise the management entity, in 

5 writing, of the reasons for the disapproval; 

6 and 

7 (ii) make recommendations for revi8 sion of the proposed management plan. 

9 (B) APPROVAL OR DISAPPROVAL.—The 

10 Secretary shall approve or disapprove a revised 

11 management plan not later than 180 days after 

12 the date on which the revised management plan 

13 is submitted. 

14 (e) APPROVAL OF AMENDMENTS.— 

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

16 and approve or disapprove substantial amendments 

17 to the management plan in accordance with sub18 section (d). 

19 (2) FUNDING.—Funds appropriated under this 

20 Act may not be expended to implement any changes 

21 made by an amendment to the management plan 

22 until the Secretary approves the amendment. 


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1 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

2 (a) IN GENERAL.—Nothing in this Act affects the au3 thority of a Federal agency to provide technical or finan4 cial assistance under any other law. 

5 (b) CONSULTATION AND COORDINATION.—The head 

6 of any Federal agency planning to conduct activities that 

7 may have an impact on the Heritage Area is encouraged 

8 to consult and coordinate the activities with the Secretary 

9 and the management entity to the extent practicable. 

10 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

11 Act— 

12 (1) modifies, alters, or amends any law or regu13 lation authorizing a Federal agency to manage Fed14 eral land under the jurisdiction of the Federal agen15 cy; 

16 (2) limits the discretion of a Federal land man17 ager to implement an approved land use plan within 

18 the boundaries of the Heritage Area; or 

19 (3) modifies, alters, or amends any authorized 

20 use of Federal land under the jurisdiction of a Fed21 eral agency. 

22 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC23 TIONS. 

24 Nothing in this Act— 

25 (1) abridges the rights of any property owner 

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1 frain from participating in any plan, project, pro2 gram, or activity conducted within the Heritage 

3 Area; 

4 (2) requires any property owner to permit pub5 lic access (including access by Federal, State, or 

6 local agencies) to the property of the property 

7 owner, or to modify public access or use of property 

8 of the property owner under any other Federal, 

9 State, or local law; 

10 (3) alters any duly adopted land use regulation, 

11 approved land use plan, or other regulatory author12 ity of any Federal, State, or local agency, or conveys 

13 any land use or other regulatory authority to the 

14 management entity; 

15 (4) authorizes or implies the reservation or ap16 propriation of water or water rights; 

17 (5) diminishes the authority of the State to 

18 manage fish and wildlife, including the regulation of 

19 fishing and hunting within the Heritage Area; or 

20 (6) creates any liability, or affects any liability 

21 under any other law, of any private property owner 

22 with respect to any person injured on the private 

23 property. 


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1 SEC. 9. EVALUATION; REPORT. 

2 (a) IN GENERAL.—Not later than 3 years before the 

3 date on which authority for Federal funding terminates 

4 for the Heritage Area, the Secretary shall— 

5 (1) conduct an evaluation of the accomplish6 ments of the Heritage Area; and 

7 (2) prepare a report in accordance with sub8 section (c). 

9 (b) EVALUATION.—An evaluation conducted under 

10 subsection (a)(1) shall— 

11 (1) assess the progress of the management enti12 ty with respect to— 

13 (A) accomplishing the purposes of this Act 

14 for the Heritage Area; and 

15 (B) achieving the goals and objectives of 

16 the approved management plan for the Heritage 

17 Area; 

18 (2) analyze the Federal, State, local, and pri19 vate investments in the Heritage Area to determine 

20 the leverage and impact of the investments; and 

21 (3) review the management structure, partner22 ship relationships, and funding of the Heritage Area 

23 for purposes of identifying the critical components 

24 for sustainability of the Heritage Area. 

25 (c) REPORT.— 


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1 (1) IN GENERAL.—Based on the evaluation con2 ducted under subsection (a)(1), the Secretary shall 

3 prepare a report that includes recommendations for 

4 the future role of the National Park Service, if any, 

5 with respect to the Heritage Area. 

6 (2) REQUIRED ANALYSIS.—If the report pre7 pared under paragraph (1) recommends that Fed8 eral funding for the Heritage Area be reauthorized, 

9 the report shall include an analysis of— 

10 (A) ways in which Federal funding for the 

11 Heritage Area may be reduced or eliminated; 

12 and 

13 (B) the appropriate time period necessary 

14 to achieve the recommended reduction or elimi15 nation. 

16 (3) SUBMISSION TO CONGRESS.—On completion 

17 of the report, the Secretary shall submit the report 

18 to— 

19 (A) the Committee on Energy and Natural 

20 Resources of the Senate; and 

21 (B) the Committee on Natural Resources 

22 of the House of Representatives. 

23 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

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


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1 more than $1,000,000 may be authorized to be appro2 priated for any fiscal year. 

3 (b) COST-SHARING REQUIREMENT.—The Federal 

4 share of the cost of any activity carried out using funds 

5 made available under this Act shall be not more than 50 

6 percent. 

7 SEC. 11. TERMINATION OF AUTHORITY. 

8 The authority of the Secretary to provide financial 

9 assistance under this Act terminates on the date that is 

10 15 years after the date of enactment of this Act. 

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘Susquehanna Gateway 

13 National Heritage Area Act’’. 

14 SEC. 2. DEFINITIONS. 

15 In this Act: 

16 (1) HERITAGE AREA.—The term ‘‘Heritage 

17 Area’’ means the Susquehanna Gateway National 

18 Heritage Area established by section 3(a). 

19 (2) LOCAL COORDINATING ENTITY.—The term 

20 ‘‘local coordinating entity’’ means the local coordi21 nating entity for the Heritage Area designated by sec22 tion 4(a). 

23 (3) MANAGEMENT PLAN.—The term ‘‘manage24 ment plan’’ means the plan developed by the local co25 ordinating entity under section 5(a). 


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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (5) STATE.—The term ‘‘State’’ means the State 

4 of Pennsylvania. 

5 SEC. 3. SUSQUEHANNA GATEWAY NATIONAL HERITAGE 

6 AREA. 

7 (a) ESTABLISHMENT.—There is established the Sus8 quehanna Gateway National Heritage Area in the State. 

9 (b) BOUNDARIES.—The Heritage Area shall include 

10 Lancaster and York Counties, Pennsylvania. 

11 SEC. 4. DESIGNATION OF LOCAL COORDINATING ENTITY. 

12 (a) LOCAL COORDINATING ENTITY.—The Susque13 hanna Heritage Corporation, a nonprofit organization es14 tablished under the laws of the State, shall be the local co15 ordinating entity for the Heritage Area. 

16 (b) AUTHORITIES OF LOCAL COORDINATING ENTI17 TY.—The local coordinating entity may, for purposes of 

18 preparing and implementing the management plan, use 

19 Federal funds made available under this Act— 

20 (1) to prepare reports, studies, interpretive ex21 hibits and programs, historic preservation projects, 

22 and other activities recommended in the management 

23 plan for the Heritage Area; 


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1 (2) to make grants to the State, political subdivi2 sions of the State, nonprofit organizations, and other 

3 persons; 

4 (3) to enter into cooperative agreements with the 

5 State, political subdivisions of the State, nonprofit or6 ganizations, and other organizations; 

7 (4) to hire and compensate staff; 

8 (5) to obtain funds or services from any source, 

9 including funds and services provided under any 

10 other Federal program or law; and 

11 (6) to contract for goods and services. 

12 (c) DUTIES OF LOCAL COORDINATING ENTITY.—To 

13 further the purposes of the Heritage Area, the local coordi14 nating entity shall— 

15 (1) prepare a management plan for the Heritage 

16 Area in accordance with section 5; 

17 (2) give priority to the implementation of ac18 tions, goals, and strategies set forth in the manage19 ment plan, including assisting units of government 

20 and other persons in— 

21 (A) carrying out programs and projects 

22 that recognize and protect important resource 

23 values in the Heritage Area; 


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1 (B) encouraging economic viability in the 

2 Heritage Area in accordance with the goals of 

3 the management plan; 

4 (C) establishing and maintaining interpre5 tive exhibits in the Heritage Area; 

6 (D) developing heritage-based recreational 

7 and educational opportunities for residents and 

8 visitors in the Heritage Area; 

9 (E) increasing public awareness of and ap10 preciation for the natural, historic, and cultural 

11 resources of the Heritage Area; 

12 (F) restoring historic buildings that are— 

13 (i) located in the Heritage Area; and 

14 (ii) related to the themes of the Herit15 age Area; and 

16 (G) installing throughout the Heritage Area 

17 clear, consistent, and appropriate signs identi18 fying public access points and sites of interest; 

19 (3) consider the interests of diverse units of gov20 ernment, businesses, tourism officials, private prop21 erty owners, and nonprofit groups within the Herit22 age Area in developing and implementing the man23 agement plan; 


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1 (4) conduct public meetings at least semiannu2 ally regarding the development and implementation 

3 of the management plan; and 

4 (5) for any fiscal year for which Federal funds 

5 are received under this Act— 

6 (A) submit to the Secretary an annual re7 port that describes— 

8 (i) the accomplishments of the local co9 ordinating entity; 

10 (ii) the expenses and income of the 

11 local coordinating entity; and 

12 (iii) the entities to which the local co13 ordinating entity made any grants; 

14 (B) make available for audit all records re15 lating to the expenditure of the Federal funds 

16 and any matching funds; and 

17 (C) require, with respect to all agreements 

18 authorizing the expenditure of Federal funds by 

19 other organizations, that the receiving organiza20 tions make available for audit all records relat21 ing to the expenditure of the Federal funds. 

22 (d) PROHIBITION ON ACQUISITION OF REAL PROP23 ERTY.— 


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1 (1) IN GENERAL.—The local coordinating entity 

2 shall not use Federal funds received under this Act to 

3 acquire real property or any interest in real property. 

4 (2) OTHER SOURCES.—Nothing in this Act pre5 cludes the local coordinating entity from using Fed6 eral funds from other sources for authorized purposes, 

7 including the acquisition of real property or any in8 terest in real property. 

9 SEC. 5. MANAGEMENT PLAN. 

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

11 date on which funds are first made available to carry out 

12 this Act, the local coordinating entity shall prepare and 

13 submit to the Secretary a management plan for the Herit14 age Area. 

15 (b) CONTENTS.—The management plan for the Herit16 age Area shall— 

17 (1) include comprehensive policies, strategies, 

18 and recommendations for the conservation, funding, 

19 management, and development of the Heritage Area; 

20 (2) take into consideration existing State, coun21 ty, and local plans; 

22 (3) specify the existing and potential sources of 

23 funding to protect, manage, and develop the Heritage 

24 Area; 


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1 (4) include an inventory of the natural, historic, 

2 cultural, educational, scenic, and recreational re3 sources of the Heritage Area relating to the themes of 

4 the Heritage Area that should be preserved, restored, 

5 managed, developed, or maintained; and 

6 (5) include an analysis of, and recommendations 

7 for, ways in which Federal, State, and local pro8 grams, may best be coordinated to further the pur9 poses of this Act, including recommendations for the 

10 role of the National Park Service in the Heritage 

11 Area. 

12 (c) DISQUALIFICATION FROM FUNDING.—If a proposed 

13 management plan is not submitted to the Secretary by the 

14 date that is 3 years after the date on which funds are first 

15 made available to carry out this Act, the local coordinating 

16 entity may not receive additional funding under this Act 

17 until the date on which the Secretary receives the proposed 

18 management plan. 

19 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

20 PLAN.— 

21 (1) IN GENERAL.—Not later than 180 days after 

22 the date on which the local coordinating entity sub23 mits the management plan to the Secretary, the Sec24 retary shall approve or disapprove the proposed man25 agement plan. 


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1 (2) CONSIDERATIONS.—In determining whether 

2 to approve or disapprove the management plan, the 

3 Secretary shall consider whether— 

4 (A) the local coordinating entity is rep5 resentative of the diverse interests of the Heritage 

6 Area, including governments, natural and his7 toric resource protection organizations, edu8 cational institutions, businesses, and recreational 

9 organizations; 

10 (B) the local coordinating entity has pro11 vided adequate opportunities (including public 

12 meetings) for public and governmental involve13 ment in the preparation of the management 

14 plan; 

15 (C) the resource protection and interpreta16 tion strategies contained in the management 

17 plan, if implemented, would adequately protect 

18 the natural, historic, and cultural resources of 

19 the Heritage Area; and 

20 (D) the management plan is supported by 

21 the appropriate State and local officials, the co22 operation of which is needed to ensure the effec23 tive implementation of the State and local as24 pects of the management plan. 

25 (3) DISAPPROVAL AND REVISIONS.— 


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1 (A) IN GENERAL.—If the Secretary dis2 approves a proposed management plan, the Sec3 retary shall— 

4 (i) advise the local coordinating entity, 

5 in writing, of the reasons for the dis6 approval; and 

7 (ii) make recommendations for revision 

8 of the proposed management plan. 

9 (B) APPROVAL OR DISAPPROVAL.—The Sec10 retary shall approve or disapprove a revised 

11 management plan not later than 180 days after 

12 the date on which the revised management plan 

13 is submitted. 

14 (e) APPROVAL OF AMENDMENTS.— 

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

16 and approve or disapprove substantial amendments 

17 to the management plan in accordance with sub18 section (d). 

19 (2) FUNDING.—Funds appropriated under this 

20 Act may not be expended to implement any changes 

21 made by an amendment to the management plan 

22 until the Secretary approves the amendment. 


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1 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

2 (a) IN GENERAL.—Nothing in this Act affects the au3 thority of a Federal agency to provide technical or financial 

4 assistance under any other law. 

5 (b) CONSULTATION AND COORDINATION.—The head of 

6 any Federal agency planning to conduct activities that may 

7 have an impact on the Heritage Area is encouraged to con8 sult and coordinate the activities with the Secretary and 

9 the local coordinating entity to the extent practicable. 

10 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

11 Act— 

12 (1) modifies, alters, or amends any law or regu13 lation authorizing a Federal agency to manage Fed14 eral land under the jurisdiction of the Federal agency; 

15 (2) limits the discretion of a Federal land man16 ager to implement an approved land use plan within 

17 the boundaries of the Heritage Area; or 

18 (3) modifies, alters, or amends any authorized 

19 use of Federal land under the jurisdiction of a Fed20 eral agency. 

21 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC22 TIONS. 

23 Nothing in this Act— 

24 (1) abridges the rights of any property owner 

25 (whether public or private), including the right to reVerDate Mar 15 2010 04:45 Sep 28, 2010 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\S349.RS S349

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1 frain from participating in any plan, project, pro2 gram, or activity conducted within the Heritage Area; 

3 (2) requires any property owner to permit public 

4 access (including access by Federal, State, or local 

5 agencies) to the property of the property owner, or to 

6 modify public access or use of property of the prop7 erty owner under any other Federal, State, or local 

8 law; 

9 (3) alters any duly adopted land use regulation, 

10 approved land use plan, or other regulatory authority 

11 of any Federal, State, or local agency, or conveys any 

12 land use or other regulatory authority to the local co13 ordinating entity; 

14 (4) authorizes or implies the reservation or ap15 propriation of water or water rights; 

16 (5) diminishes the authority of the State to man17 age fish and wildlife, including the regulation of fish18 ing and hunting within the Heritage Area; or 

19 (6) creates any liability, or affects any liability 

20 under any other law, of any private property owner 

21 with respect to any person injured on the private 

22 property. 


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1 SEC. 8. EVALUATION; REPORT. 

2 (a) IN GENERAL.—Not later than 3 years before the 

3 date on which authority for Federal funding terminates for 

4 the Heritage Area, the Secretary shall— 

5 (1) conduct an evaluation of the accomplish6 ments of the Heritage Area; and 

7 (2) prepare a report in accordance with sub8 section (c). 

9 (b) EVALUATION.—An evaluation conducted under 

10 subsection (a)(1) shall— 

11 (1) assess the progress of the local coordinating 

12 entity with respect to— 

13 (A) accomplishing the purposes of this Act 

14 for the Heritage Area; and 

15 (B) achieving the goals and objectives of the 

16 approved management plan for the Heritage 

17 Area; 

18 (2) analyze the Federal, State, local, and private 

19 investments in the Heritage Area to determine the le20 verage and impact of the investments; and 

21 (3) review the management structure, partner22 ship relationships, and funding of the Heritage Area 

23 for purposes of identifying the critical components for 

24 sustainability of the Heritage Area. 

25 (c) REPORT.— 


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1 (1) IN GENERAL.—Based on the evaluation con2 ducted under subsection (a)(1), the Secretary shall 

3 prepare a report that includes recommendations for 

4 the future role of the National Park Service, if any, 

5 with respect to the Heritage Area. 

6 (2) REQUIRED ANALYSIS.—If the report prepared 

7 under paragraph (1) recommends that Federal fund8 ing for the Heritage Area be reauthorized, the report 

9 shall include an analysis of— 

10 (A) ways in which Federal funding for the 

11 Heritage Area may be reduced or eliminated; 

12 and 

13 (B) the appropriate time period necessary 

14 to achieve the recommended reduction or elimi15 nation. 

16 (3) SUBMISSION TO CONGRESS.—On completion 

17 of the report, the Secretary shall submit the report 

18 to— 

19 (A) the Committee on Energy and Natural 

20 Resources of the Senate; and 

21 (B) the Committee on Natural Resources of 

22 the House of Representatives. 

23 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

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


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1 than $1,000,000 may be authorized to be appropriated for 

2 any fiscal year. 

3 (b) COST-SHARING REQUIREMENT.—The Federal share 

4 of the cost of any activity carried out using funds made 

5 available under this Act shall be not more than 50 percent. 

6 SEC. 10. TERMINATION OF AUTHORITY. 

7 The authority of the Secretary to provide financial as8 sistance under this Act terminates on the date that is 15 

9 years after the date of enactment of this Act. 


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Calendar No. 589 

111TH CONGRESS 

2D SESSION S. 349 

[Report No. 111–303] 

A BILL 

To establish the Susquehanna Gateway National 

for other purposes. Heritage Area in the State of Pennsylvania, and 

SEPTEMBER 27, 2010 

Reported with an amendment 


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