I

103D CONGRESS

1ST SESSION H. R. 2095

To provide for the establishment of the Ohio River Corridor Study

Commission, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1993

Mr. HAMILTON (for himself and Mr. BUNNING) introduced the following bill;

which was referred to the Committee on Natural Resources

A BILL

To provide for the establishment of the Ohio River Corridor

Study Commission, 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 ‘‘Ohio River Corridor

5 Study Commission Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds the following:

8 (1) The amenities and resources of the Ohio

9 River, which flows through 6 States from its head10 waters in the Commonwealth of Pennsylvania to its
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1 confluence with the Mississippi River and comprises

2 a chain of commercial, industrial, historical, archae3 ological, natural, recreational, scenic, wildlife, urban,

4 rural, cultural, and economic areas, are of major

5 significance and importance to the Nation.

6 (2) The national interest is served by—

7 (A) preserving, protecting, and improving

8 such amenities and resources for the benefit of

9 the people of the United States; and

10 (B) improving the coordination between all

11 levels of government in the Ohio River Corridor.

12 (3) The preservation, protection, and improve13 ment of such amenities and resources are failing to

14 be fully realized despite efforts by the States

15 through which the Ohio flows, political subdivisions

16 of such States, and volunteer associations and pri17 vate businesses in such States.

18 (4) Existing Federal agency programs are offer19 ing insufficient coordination to State and local plan20 ning and regulatory authorities to provide for re21 source management and economic development in a

22 manner that is consistent with the protection and

23 public use of the Corridor’s amenities and resources.

24 (5) The national Government should assist in

25 the coordination, preservation, and interpretation ac-
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1 tivities of public and private entities with respect to

2 the significant amenities and resources associated

3 with the Ohio River.

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

5 (1) focus attention on the unique and nationally

6 significant resources of the Ohio River Corridor;

7 (2) provide a means and a stimulus for coordi8 nating the preservation, protection, improvement,

9 enjoyment, and utilization of the resources of the

10 Ohio River Corridor; and

11 (3) establish a national entity to gather, assess,

12 and disseminate information on the historic, eco13 nomic, natural, recreational, scenic, and cultural

14 opportunities in the Ohio River Corridor.

15 SEC. 3. DEFINITIONS.

16 For purposes of this Act:

17 (1) The term ‘‘Commission’’ means the Ohio

18 River Corridor Study Commission established by sec19 tion 4.

20 (2) The terms ‘‘Ohio River Corridor’’ and ‘‘Cor21 ridor’’ mean the Ohio River from Pittsburgh, Penn22 sylvania, to Cairo, Illinois, and an area extending

23 from the river’s edge to the landward boundary of

24 each county along its designated length.
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1 (3) The term ‘‘Ohio River State’’ means any of

2 the States of Illinois, Kentucky, Indiana, Ohio, West

3 Virginia, and Pennsylvania.

4 SEC. 4. ESTABLISHMENT OF COMMISSION.

5 There is established a commission to be known as the

6 Ohio River Corridor Study Commission.

7 SEC. 5. DUTIES OF THE COMMISSION.

8 (a) STUDY.—The Commission shall study and make

9 recommendations regarding—

10 (1) the feasibility of establishing an Ohio River

11 National Heritage Corridor for the Ohio River Cor12 ridor; and

13 (2) the preservation, protection, improvement,

14 enjoyment, and utilization of the historic, economic,

15 natural, recreational, scenic, and cultural resources

16 of the Corridor consistent with the purposes of this

17 Act.

18 (b) INFORMATION COLLECTION; CONSULTATION.—

19 As part of the study conducted under subsection (a), the

20 Commission shall—

21 (1) assess the preservation, protection, improve22 ment, enjoyment, and utilization potential of the his23 toric, economic, natural, recreational, scenic, and

24 cultural resources of the Corridor;
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1 (2) collect information dealing with ongoing ac2 tivities, management plans, and opportunities re3 garding historic, economic, natural, recreational, sce4 nic, and cultural resources in the Corridor;

5 (3) make such information available to Federal

6 agencies, States, and political subdivisions thereof,

7 tribal governments, educational institutions, volun8 teer associations, and private businesses to assist

9 such entities in undertaking activities to preserve,

10 protect, improve, or utilize the historic, economic,

11 natural, recreational, scenic, or cultural resources of

12 the Corridor;

13 (4) consult with the Ohio River Valley Water

14 Sanitation Commission and the Ohio River Basin

15 Commission, and cooperate with the commissions

16 and such associations in the performance of its

17 duties;

18 (5) provide a forum for the consideration of

19 resource issues relating to the Corridor;

20 (6) seek and encourage the participation of af21 fected State and local governments, interested citi22 zens, public officials, groups, agencies, educational

23 institutions, and others in the preservation, protec24 tion, improvement, enjoyment, and utilization of the

25 Corridor’s resources;
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1 (7) recommend methods and means for educat2 ing the general population about the national impor3 tance and value of the Ohio River as a natural

4 resource and national treasure; and

5 (8) make the Commission accessible to such

6 groups, agencies, and citizens by holding at least one

7 well-publicized public hearing in every State within

8 the Corridor.

9 (c) REPORT.—The Commission shall prepare a re10 port—

11 (1) specifying the results of the study con12 ducted under subsection (a); and

13 (2) containing—

14 (A) a description of the Ohio River Cor15 ridor and the proposed boundaries of an Ohio

16 River National Heritage Corridor (if so rec17 ommended) showing the corridor and such

18 zones as may be appropriate;

19 (B) an inventory and assessment of the

20 historic, economic, natural, recreational, scenic,

21 and cultural resources of the Corridor;

22 (C) specific preservation and interpretation

23 goals;

24 (D) proposed management strategies

25 whereby the funds, data, personnel, and au-
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1 thorities of public and private entities may be

2 combined and coordinated in furtherance of the

3 purposes of this Act; and

4 (E) such recommendations as the Commis5 sion may deem appropriate with respect to sub6 paragraphs (A) through (F) and with respect to

7 public access to and interpretation of the natu8 ral and cultural resources of the river and relat9 ed outdoor recreation opportunities.

10 SEC. 6. ORGANIZATION OF THE COMMISSION.

11 (a) NUMBER AND APPOINTMENT.—The Commission

12 shall be composed of 11 members as follows:

13 (1) The Director of the National Park Service

14 (or designee).

15 (2) The Secretary of Transportation (or des16 ignee).

17 (3) The Secretary of Commerce (or designee).

18 (4) The Director of the United States Fish and

19 Wildlife Service (or designee).

20 (5) The Chief of Engineers of the Army Corps

21 of Engineers (or designee).

22 (6) One member from each Ohio River State

23 appointed by the Governor of such State.

24 (b) FIRST APPOINTMENTS.—Members of the Com25 mission required by subsection (a) to be appointed shall
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1 be first appointed not later than 45 days after the date

2 of enactment of this Act.

3 (c) VACANCIES.—A vacancy in the Commission shall

4 be filled in the manner in which the original appointment

5 is made.

6 (d) TERMS.—Members of the Commission shall be

7 appointed for the life of the Commission.

8 (e) PAY.—Members of the Commission shall serve

9 without pay.

10 (f) REIMBURSEMENT OF EXPENSES.—While away

11 from their homes or regular places of business in the per12 formance of services for the Commission, members of the

13 Commission shall be allowed travel expenses, including a

14 per diem allowance in lieu of subsistence, in the same

15 manner as persons employed intermittently in Government

16 service are allowed travel expenses under section 5703 of

17 title 5, United States Code.

18 (g) QUORUM.—(1) Seven members of the Commis19 sion shall constitute a quorum, but a lesser number of

20 members may hold hearings.

21 (2) A member of the Commission may vote by means

22 of a signed proxy exercised by another member of the

23 Commission, but any member so voting shall not be con24 sidered present for purposes of establishing a quorum.
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1 (h) CHAIRPERSON.—As the first item of business at

2 the first meeting of the Commission, the members of the

3 Commission shall elect a chairperson of the Commission

4 from among the members appointed under subsection

5 (a)(6).

6 (i) MEETINGS.—(1) The Commission shall meet at

7 the call of the chairperson or a majority of the members.

8 (2) Not later than 30 days after the members of the

9 Commission are first appointed, the Commission shall hold

10 its first meeting.

11 (3) The Director of the National Park Service (or

12 designee) shall select the date of the first meeting and

13 shall serve as chairperson until the election of the chair14 person under subsection (h).

15 (j) TECHNICAL COMMITTEE.—With the advice and

16 consent of the Commission members, the chairperson may

17 appoint a technical committee with representation from

18 the various interest groups, professional agencies, or advo19 cacy groups within the Ohio River States with each State

20 having at least one member.

21 (k) WAIVER.—The provisions of section 14(b) of the

22 Federal Advisory Committee Act (5 U.S.C. App.) are here23 by waived with respect to the Commission.
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1 SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULT2 ANTS; PERSONNEL OF FEDERAL AGENCIES.

3 (a) LEAD AGENCY.—The National Park Service

4 shall, if personnel are available, staff and advise the Com5 mission.

6 (b) STAFF.—The Commission, if National Park Serv7 ice personnel are not available, with advice from the Direc8 tor of the National Park Service (or designee), may ap9 point and fix the pay of such staff as the Commission con10 siders appropriate, subject to—

11 (1) the provisions of title 5, United States

12 Code, governing appointments in the competitive

13 service; and

14 (2) the provisions of chapter 51 and subchapter

15 III of chapter 53 of such title relating to classifica16 tion and General Schedule pay rates.

17 (c) EXPERTS AND CONSULTANTS.—The Commission,

18 with advice from the Director of the National Park Service

19 (or designee), may procure temporary and intermittent

20 services under section 3109(b) of title 5, United States

21 Code.

22 (d) PERSONNEL OF STATES AND POLITICAL SUB23 DIVISIONS.—The Commission may—

24 (1) accept the services of personnel detailed

25 from an Ohio River State or a political subdivision

26 thereof; and
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1 (2) reimburse such State or such subdivision

2 for such services.

3 (e) PERSONNEL OF FEDERAL AGENCIES.—On an as

4 needed basis, at the request of the Commission, with the

5 advice of the Director of the National Park Service (or

6 designee), the head of any Federal agency may detail, on

7 a reimbursable basis, any of the personnel of such agency

8 to the Commission to assist the Commission in carrying

9 out its duties under this Act.

10 SEC. 8. POWERS OF THE COMMISSION.

11 (a) HEARINGS AND SESSIONS.—For the purpose of

12 carrying out this Act, the Commission may hold such

13 hearings, sit and act at such times and places, take such

14 testimony, and receive such evidence as the Commission

15 considers appropriate.

16 (b) POWERS OF MEMBERS AND AGENTS.—Any mem17 ber or agent of the Commission may, if so authorized by

18 the Commission, take any action which the Commission

19 is authorized to take by this section.

20 (c) MAILS.—The Commission may use the United

21 States mails in the same manner and under the same con22 ditions as other departments and agencies of the United

23 States.

24 (d) ADMINISTRATIVE SUPPORT SERVICES.—The Ad25 ministrator of General Service shall provide to the Com-
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1 mission on a reimbursable basis such administrative sup2 port services as the Commission may request.

3 SEC. 9. SUBMISSION OF REPORTS.

4 (a) INTERIM REPORT.—Not later than 2 years after

5 the date of the first meeting of the Commission, the Com6 mission shall submit to the President, the Speaker of the

7 House of Representatives, the President of the Senate,

8 and the Governor of each Ohio River State a report de9 scribing the progress of the Commission in carrying out

10 the duties of the Commission under section 5.

11 (b) FINAL REPORT.—Not later than 3 years after the

12 date of the first meeting of the Commission, the Commis13 sion shall submit to the President, the Speaker of the

14 House of Representatives, the President of the Senate,

15 and the Governor of each Ohio River State the report

16 required by section 5(c).

17 SEC. 10. TERMINATION OF COMMISSION.

18 Notwithstanding section 14(a)(2) of the Federal Ad19 visory Committee Act (5 U.S.C. App.), the Commission

20 shall cease to exist 90 days after submitting the report

21 required by section 5(c) and submitted under section 9(b).

22 SEC. 11. CONSENT TO NEGOTIATE PROPOSED COMPACTS.

23 The Congress hereby consents to the negotiation by

24 any State referred to in section 3 with one or more of

25 any other such State of proposed interstate agreements
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1 or compacts among such States in furtherance of the pur2 poses of this Act or the study referred to in section 5 or

3 any material component thereof.

4 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

5 There is authorized to be appropriated to the Na6 tional Park Service to for the Commission to carry out

7 this Act $500,000, to be available until expended in the

8 course of the 3 years in which the Commission is in

9 existence.

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