II 

111TH CONGRESS 

1ST SESSION S. 349 

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 

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’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) numerous sites of significance to the herit9 age of the United States are located within the 

10 boundaries of the proposed Susquehanna Gateway 


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1 National Heritage Area, which includes the Lower 

2 Susquehanna River corridor and all of Lancaster 

3 and York Counties in the State of Pennsylvania; 

4 (2) included among the more than 200 histori5 cally significant sites, structures, districts, and tours 

6 in the area are— 

7 (A) the home of a former United States 

8 President; 

9 (B) the community where the Continental 

10 Congress adopted the Articles of Confederation; 

11 (C) the homes of many prominent figures 

12 in the history of the United States; 

13 (D) the preserved agricultural landscape of 

14 the Plain communities of Lancaster County, 

15 Pennsylvania; 

16 (E) the exceptional beauty and rich cul17 tural resources of the Susquehanna River 

18 Gorge; 

19 (F) numerous National Historic Land20 marks, National Historic Districts, and Main 

21 Street communities; and 

22 (G) many thriving examples of the nation23 ally significant industrial and agricultural herit24 age of the region, which are collectively and inVerDate Nov 24 2008 01:59 Jan 31, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S349.IS S349

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1 dividually of significance to the history of the 

2 United States; 

3 (3) in 1999, a regional, collaborative public-pri4 vate partnership of organizations and agencies began 

5 an initiative to assess historic sites in Lancaster and 

6 York Counties, Pennsylvania, for consideration as a 

7 Pennsylvania Heritage Area; 

8 (4) the initiative— 

9 (A) issued a feasibility study of significant 

10 stories, sites, and structures associated with 

11 Native American, African-American, European12 American, Colonial American, Revolutionary, 

13 and Civil War history; and 

14 (B) concluded that the sites and area— 

15 (i) possess historical, cultural, and ar16 chitectural values of significance to the 

17 United States; and 

18 (ii) retain a high degree of historical 

19 integrity; 

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

21 by development of a management action plan and 

22 designation of the area by the State of Pennsylvania 

23 as an official Pennsylvania Heritage Area; 

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

25 Heritage Area— 


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1 (A) was prepared and submitted to the 

2 National Park Service— 

3 (i) to document the significance of the 

4 area to the United States; and 

5 (ii) to demonstrate compliance with 

6 the interim criteria of the National Park 

7 Service for National Heritage Area des8 ignation; and 

9 (B) found that throughout the history of 

10 the United States, Lancaster and York Coun11 ties and the Susquehanna Gateway region have 

12 played a key role in the development of the po13 litical, cultural, and economic identity of the 

14 United States; 

15 (7) the people of the region in which the Herit16 age Area is located have— 

17 (A) advanced the cause of freedom; and 

18 (B) shared their agricultural bounty and 

19 industrial ingenuity with the world; 

20 (8) the town and country landscapes and nat21 ural wonders of the area are visited and treasured 

22 by people from across the globe; 

23 (9) for centuries, the Susquehanna River has 

24 been an important corridor of culture and commerce 

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


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1 fishery, transportation artery, power generator, and 

2 place for outdoor recreation; 

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

4 the early settlement of the ever-moving frontier; 

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

6 the Colonial government during a turning point in 

7 the Revolutionary War; 

8 (12) the rural landscape created by the Amish 

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

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

11 other region, in the United States; 

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

13 Plain people of the region personify the virtues of 

14 faith, honesty, community, and stewardship at the 

15 heart of the identity of the United States; 

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

17 waterways in the area are essential parts of the 

18 story of the United States and exemplify the quali19 ties inherent in a National Heritage Area; 

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

21 based on a comprehensive review of the Susque22 hanna Gateway National Heritage Area Feasibility 

23 Study Report, that the area meets the 10 interim 

24 criteria of the National Park Service for designation 

25 of a National Heritage Area; 


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1 (16) the preservation and interpretation of the 

2 sites within the Heritage Area will make a vital con3 tribution to the understanding of the development 

4 and heritage of the United States for the education 

5 and benefit of present and future generations; 

6 (17) the Secretary of the Interior is responsible 

7 for protecting the historic and cultural resources of 

8 the United States; 

9 (18) there are significant examples of historic 

10 and cultural resources within the Heritage Area that 

11 merit the involvement of the Federal Government, in 

12 cooperation with the management entity and State 

13 and local governmental bodies, to develop programs 

14 and projects to adequately conserve, support, pro15 tect, and interpret the heritage of the area; 

16 (19) partnerships between the Federal Govern17 ment, State and local governments, regional entities, 

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

19 most effective opportunities for the enhancement 

20 and management of the historic sites throughout the 

21 Heritage Area to promote the cultural and historic 

22 attractions of the Heritage Area for visitors and the 

23 local economy; and 

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

25 501(c)(3) nonprofit corporation and State-desVerDate Nov 24 2008 01:59 Jan 31, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S349.IS S349

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1 ignated management entity of the Pennsylvania Her2 itage Area, would be an appropriate management 

3 entity for the Heritage Area. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

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

7 Area’’ means the Susquehanna Gateway National 

8 Heritage Area established by section 4(a). 

9 (2) MANAGEMENT ENTITY.—The term ‘‘man10 agement entity’’ means the management entity for 

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

12 (3) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means the plan developed by the man14 agement entity under section 6(a). 

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

16 the Secretary of the Interior. 

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

18 of Pennsylvania. 

19 SEC. 4. ESTABLISHMENT OF SUSQUEHANNA GATEWAY NA20 TIONAL HERITAGE AREA. 

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

22 the Susquehanna Gateway National Heritage Area. 

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

24 a core area located in south-central Pennsylvania con25 sisting of an 1869-square-mile region east and west of the 


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1 Susquehanna River and encompassing Lancaster and 

2 York Counties. 

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

4 (1) included in the management plan; and 

5 (2) on file in the appropriate offices of the Na6 tional Park Service. 

7 SEC. 5. DESIGNATION OF MANAGEMENT ENTITY. 

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

9 Heritage Region shall be the management entity for the 

10 Heritage Area. 

11 (b) AUTHORITIES OF MANAGEMENT ENTITY.—The 

12 management entity may, for purposes of preparing and 

13 implementing the management plan, use Federal funds 

14 made available under this Act— 

15 (1) to prepare reports, studies, interpretive ex16 hibits and programs, historic preservation projects, 

17 and other activities recommended in the manage18 ment plan for the Heritage Area; 

19 (2) to pay for operational expenses of the man20 agement entity; 

21 (3) to make grants to the State, political sub22 divisions of the State, nonprofit organizations, and 

23 other persons; 


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1 (4) to enter into cooperative agreements with 

2 the State, political subdivisions of the State, non3 profit organizations, and other organizations; 

4 (5) to hire and compensate staff; 

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

6 including funds and services provided under any 

7 other Federal program or law; and 

8 (7) to contract for goods and services. 

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

10 the purposes of the Heritage Area, the management entity 

11 shall— 

12 (1) prepare a management plan for the Herit13 age Area in accordance with section 6; 

14 (2) give priority to the implementation of ac15 tions, goals, and strategies set forth in the manage16 ment plan, including assisting units of government 

17 and other persons in— 

18 (A) carrying out programs and projects 

19 that recognize and protect important resource 

20 values in the Heritage Area; 

21 (B) encouraging economic viability in the 

22 Heritage Area in accordance with the goals of 

23 the management plan; 

24 (C) establishing and maintaining interpre25 tive exhibits in the Heritage Area; 


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1 (D) developing heritage-based recreational 

2 and educational opportunities for residents and 

3 visitors in the Heritage Area; 

4 (E) increasing public awareness of and ap5 preciation for the natural, historic, and cultural 

6 resources of the Heritage Area; 

7 (F) restoring historic buildings that are— 

8 (i) located in the Heritage Area; and 

9 (ii) related to the themes of the Herit10 age Area; and 

11 (G) installing throughout the Heritage 

12 Area clear, consistent, and appropriate signs 

13 identifying public access points and sites of in14 terest; 

15 (3) consider the interests of diverse units of 

16 government, businesses, tourism officials, private 

17 property owners, and nonprofit groups within the 

18 Heritage Area in developing and implementing the 

19 management plan; 

20 (4) conduct public meetings at least semiannu21 ally regarding the development and implementation 

22 of the management plan; and 

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

24 are received under this Act— 


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1 (A) submit to the Secretary an annual re2 port that describes— 

3 (i) the accomplishments of the man4 agement entity; 

5 (ii) the expenses and income of the 

6 management entity; and 

7 (iii) the entities to which the manage8 ment entity made any grants; 

9 (B) make available for audit all records re10 lating to the expenditure of the Federal funds 

11 and any matching funds; and 

12 (C) require, with respect to all agreements 

13 authorizing the expenditure of Federal funds by 

14 other organizations, that the receiving organiza15 tions make available for audit all records relat16 ing to the expenditure of the Federal funds. 

17 (d) PROHIBITION ON ACQUISITION OF REAL PROP18 ERTY.— 

19 (1) IN GENERAL.—The management entity 

20 shall not use Federal funds received under this Act 

21 to acquire real property or any interest in real prop22 erty. 

23 (2) OTHER SOURCES.—Nothing in this Act pre24 cludes the management entity from using Federal 

25 funds from other sources for authorized purposes, 


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1 including the acquisition of real property or any in2 terest in real property. 

3 SEC. 6. MANAGEMENT PLAN. 

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

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

6 this Act, the management entity shall prepare and submit 

7 to the Secretary a management plan for the Heritage 

8 Area. 

9 (b) CONTENTS.—The management plan for the Her10 itage Area shall— 

11 (1) include comprehensive policies, strategies, 

12 and recommendations for the conservation, funding, 

13 management, and development of the Heritage Area; 

14 (2) take into consideration existing State, coun15 ty, and local plans; 

16 (3) specify the existing and potential sources of 

17 funding to protect, manage, and develop the Herit18 age Area; 

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

20 cultural, educational, scenic, and recreational re21 sources of the Heritage Area relating to the themes 

22 of the Heritage Area that should be preserved, re23 stored, managed, developed, or maintained; and 

24 (5) include an analysis of, and recommenda25 tions for, ways in which Federal, State, and local 


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1 programs, may best be coordinated to further the 

2 purposes of this Act, including recommendations for 

3 the role of the National Park Service in the Heritage 

4 Area. 

5 (c) DISQUALIFICATION FROM FUNDING.—If a pro6 posed management plan is not submitted to the Secretary 

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

8 are first made available to carry out this Act, the manage9 ment entity may not receive additional funding under this 

10 Act until the date on which the Secretary receives the pro11 posed management plan. 

12 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

13 PLAN.— 

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

15 after the date on which the management entity sub16 mits the management plan to the Secretary, the Sec17 retary shall approve or disapprove the proposed 

18 management plan. 

19 (2) CONSIDERATIONS.—In determining whether 

20 to approve or disapprove the management plan, the 

21 Secretary shall consider whether— 

22 (A) the management entity is representa23 tive of the diverse interests of the Heritage 

24 Area, including governments, natural and his25 toric resource protection organizations, eduVerDate Nov 24 2008 01:59 Jan 31, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S349.IS S349

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1 cational institutions, businesses, and rec2 reational organizations; 

3 (B) the management entity has provided 

4 adequate opportunities (including public meet5 ings) for public and governmental involvement 

6 in the preparation of the management plan; 

7 (C) the resource protection and interpreta8 tion strategies contained in the management 

9 plan, if implemented, would adequately protect 

10 the natural, historic, and cultural resources of 

11 the Heritage Area; and 

12 (D) the management plan is supported by 

13 the appropriate State and local officials, the co14 operation of which is needed to ensure the ef15 fective implementation of the State and local 

16 aspects of the management plan. 

17 (3) DISAPPROVAL AND REVISIONS.— 

18 (A) IN GENERAL.—If the Secretary dis19 approves a proposed management plan, the Sec20 retary shall— 

21 (i) advise the management entity, in 

22 writing, of the reasons for the disapproval; 

23 and 

24 (ii) make recommendations for revi25 sion of the proposed management plan. 


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1 (B) APPROVAL OR DISAPPROVAL.—The 

2 Secretary shall approve or disapprove a revised 

3 management plan not later than 180 days after 

4 the date on which the revised management plan 

5 is submitted. 

6 (e) APPROVAL OF AMENDMENTS.— 

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

8 and approve or disapprove substantial amendments 

9 to the management plan in accordance with sub10 section (d). 

11 (2) FUNDING.—Funds appropriated under this 

12 Act may not be expended to implement any changes 

13 made by an amendment to the management plan 

14 until the Secretary approves the amendment. 

15 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

16 (a) IN GENERAL.—Nothing in this Act affects the au17 thority of a Federal agency to provide technical or finan18 cial assistance under any other law. 

19 (b) CONSULTATION AND COORDINATION.—The head 

20 of any Federal agency planning to conduct activities that 

21 may have an impact on the Heritage Area is encouraged 

22 to consult and coordinate the activities with the Secretary 

23 and the management entity to the extent practicable. 

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

25 Act— 


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1 (1) modifies, alters, or amends any law or regu2 lation authorizing a Federal agency to manage Fed3 eral land under the jurisdiction of the Federal agen4 cy; 

5 (2) limits the discretion of a Federal land man6 ager to implement an approved land use plan within 

7 the boundaries of the Heritage Area; or 

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

9 use of Federal land under the jurisdiction of a Fed10 eral agency. 

11 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC12 TIONS. 

13 Nothing in this Act— 

14 (1) abridges the rights of any property owner 

15 (whether public or private), including the right to re16 frain from participating in any plan, project, pro17 gram, or activity conducted within the Heritage 

18 Area; 

19 (2) requires any property owner to permit pub20 lic access (including access by Federal, State, or 

21 local agencies) to the property of the property 

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

23 of the property owner under any other Federal, 

24 State, or local law; 


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

2 approved land use plan, or other regulatory author3 ity of any Federal, State, or local agency, or conveys 

4 any land use or other regulatory authority to the 

5 management entity; 

6 (4) authorizes or implies the reservation or ap7 propriation of water or water rights; 

8 (5) diminishes the authority of the State to 

9 manage fish and wildlife, including the regulation of 

10 fishing and hunting within the Heritage Area; or 

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

12 under any other law, of any private property owner 

13 with respect to any person injured on the private 

14 property. 

15 SEC. 9. EVALUATION; REPORT. 

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

17 date on which authority for Federal funding terminates 

18 for the Heritage Area, the Secretary shall— 

19 (1) conduct an evaluation of the accomplish20 ments of the Heritage Area; and 

21 (2) prepare a report in accordance with sub22 section (c). 

23 (b) EVALUATION.—An evaluation conducted under 

24 subsection (a)(1) shall— 


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1 (1) assess the progress of the management enti2 ty with respect to— 

3 (A) accomplishing the purposes of this Act 

4 for the Heritage Area; and 

5 (B) achieving the goals and objectives of 

6 the approved management plan for the Heritage 

7 Area; 

8 (2) analyze the Federal, State, local, and pri9 vate investments in the Heritage Area to determine 

10 the leverage and impact of the investments; and 

11 (3) review the management structure, partner12 ship relationships, and funding of the Heritage Area 

13 for purposes of identifying the critical components 

14 for sustainability of the Heritage Area. 

15 (c) REPORT.— 

16 (1) IN GENERAL.—Based on the evaluation con17 ducted under subsection (a)(1), the Secretary shall 

18 prepare a report that includes recommendations for 

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

20 with respect to the Heritage Area. 

21 (2) REQUIRED ANALYSIS.—If the report pre22 pared under paragraph (1) recommends that Fed23 eral funding for the Heritage Area be reauthorized, 

24 the report shall include an analysis of— 


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1 (A) ways in which Federal funding for the 

2 Heritage Area may be reduced or eliminated; 

3 and 

4 (B) the appropriate time period necessary 

5 to achieve the recommended reduction or elimi6 nation. 

7 (3) SUBMISSION TO CONGRESS.—On completion 

8 of the report, the Secretary shall submit the report 

9 to— 

10 (A) the Committee on Energy and Natural 

11 Resources of the Senate; and 

12 (B) the Committee on Natural Resources 

13 of the House of Representatives. 

14 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—There is authorized to be appro16 priated to carry out this Act $10,000,000, of which not 

17 more than $1,000,000 may be authorized to be appro18 priated for any fiscal year. 

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

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

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

22 percent. 


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1 SEC. 11. TERMINATION OF AUTHORITY. 

2 The authority of the Secretary to provide financial 

3 assistance under this Act terminates on the date that is 

4 15 years after the date of enactment of this Act. 

Æ 


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