I
104TH CONGRESS
1ST SESSION
H. R. 1553
To establish the South Carolina National Heritage Corridor, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 3, 1995
Mr. CLYBURN (for himself, Mr. SPENCE, Mr. SPRATT, and Mr. GRAHAM)
introduced the following bill; which was referred to the Committee on
Resources
A BILL
To establish the South Carolina National Heritage Corridor,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘South Carolina Na-
tional Heritage Corridor Act of 1995’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) the South Carolina National Heritage Cor-
ridor, more than 250 miles in length, possesses a
wide diversity of significant rare plants, animals,
State, and the private sector in fulfilling the respon-
sibilities described in paragraph (3).
(b) PURPOSES.—The purposes of this Act are—
(1) to protect, preserve, conserve, restore, pro-
mote, and interpret the significant land and water
resource values and functions of the Corridor;
(2) to encourage and support, through financial
and technical assistance, the State of South Caro-
lina, the units of local government of the State, and
the private sector in the development of a manage-
ment action plan for the Corridor to ensure coordi-
nated public and private action in the Corridor area
in a manner consistent with subsection (a);
(3) to provide, during the development of an in-
tegrated Corridor Management Action Plan, Federal
financial and technical assistance for the protection,
preservation, and conservation of land and water
areas in the Corridor that are in danger of being ad-
versely affected or destroyed;
(4) to encourage and assist the State of South
Carolina and the units of local government of the
State to identify the full range of public and private
technical and financial assistance programs and
services available to implement the Corridor Man-
agement Action Plan;
(5) to encourage adequate coordination of all
government programs affecting the land and water
resources of the Corridor; and
(6) to develop a management framework with
the State of South Carolina and the units of local
government of the State for—
(A) planning and implementing the Cor-
ridor Management Action Plan; and
(B) developing policies and programs that
will preserve, conserve, protect, restore, en-
hance, and interpret the cultural, historical,
natural, economic, recreational, and scenic re-
sources of the Corridor.
SEC. 3. DEFINITIONS.
In this Act:
(1) COMMISSION.—The term ‘‘Commission’’
means the South Carolina National Heritage Cor-
ridor Commission established by section 5.
(2) CORRIDOR.—The term ‘‘Corridor’’ means
the South Carolina National Heritage Corridor es-
tablished by section 4.
(3) CORRIDOR MANAGEMENT ACTION PLAN.—
The term ‘‘Corridor Management Action Plan’’
means the management action plan developed under
section 7.
(4) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of the State of South Carolina.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 4. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR.
(a) ESTABLISHMENT.—There is established in the
State of South Carolina the South Carolina National Her-
itage Corridor.
(b) BOUNDARIES.—
(1) IN GENERAL.—The boundaries of the Cor-
ridor are generally the boundaries of the western
counties of the State of South Carolina, extending
from the western Piedmont along the Savannah Val-
ley to Augusta, Georgia, along the route of the old
Southern Railroad, along the Ashley River to
Charleston.
(2) INCLUDED COUNTIES.—The Corridor shall
consist of the following counties of South Carolina,
in part or in whole, as the Commission may specify
on the recommendations of the units of local govern-
ment within the Corridor area:
(A) Oconee.
(B) Pickens.
(C) Anderson.
(D) Abbeville.
(E) Greenwood.
(F) McCormick.
(G) Edgefield.
(H) Aiken.
(I) Barnwell.
(J) Orangeburg.
(K) Bamberg.
(L) Dorchester.
(M) Colleton.
(N) Charleston.
(3) DETAIL.—The boundaries shall be specified
in detail in the Corridor Management Action Plan.
SEC. 5. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR
COMMISSION.
(a) ESTABLISHMENT.—
(1) IN
GENERAL.—There is established the
South Carolina National Heritage Corridor Commis-
sion.
(2) RESPONSIBILITIES.—The Commission shall
assist Federal, State, and local authorities and the
private sector in developing and implementing the
Corridor Management Action Plan.
(b) MEMBERSHIP.—The Commission shall be com-
posed of 23 members, appointed by the Secretary as fol-
lows:
(1) One member shall be the Director of the
National Park Service, or a delegate of the Director,
who shall be a nonvoting member.
(2) Six members shall be appointed from among
recommendations submitted by the Governor, as fol-
lows:
(A) One member shall represent the inter-
ests of the South Carolina Department of
Parks, Recreation, and Tourism or a successor
agency to the department.
(B) One member shall represent the South
Carolina Department of Natural Resources or a
successor agency to the department.
(C) One member shall represent the South
Carolina Arts Commission or a successor agen-
cy of the commission.
(D) One member shall represent the South
Carolina Museum Commission or a successor
agency to the commission.
(E) One member shall represent the South
Carolina State Historic Preservation Office or a
successor agency to the office.
(F) One member shall represent the South
Carolina Department of Commerce or a succes-
sor agency to the department.
(2) LIMITED
APPOINTMENTS.—The members
appointed under subsection (b) (2), (4), and (5)
shall be appointed to serve a term of two years and,
on expiration of a term, may be reappointed to serve
for one or more additional terms.
(d) INITIAL APPOINTMENTS.—The Secretary shall
appoint the initial members of the Commission not later
than 180 days after the date of enactment of this Act.
(e) VACANCIES.—A vacancy in the Commission shall
be filled in the manner in which the initial appointment
was made. A member of the Commission appointed to fill
a vacancy shall serve for the remainder of the term for
which the initial member was appointed. A member of the
Commission appointed for a definite term may serve after
the expiration of the term until a successor is appointed.
(f) CHAIRPERSON.—The members of the Commission
shall elect a Chairperson from among the members of the
Commission. The Chairperson shall serve as Chairperson
for the duration of the term for which the Chairperson
was appointed.
(g) QUORUM.—A simple majority of Commission
members shall constitute a quorum, but a lesser number
may hold meetings. The affirmative vote of not less than
11 members of the Commission shall be required to ap-
prove the budget of the Commission.
(h) MEETINGS.—The Commission shall meet at least
quarterly or at the recall of the Chairperson or a majority
of its members. Meetings of the Commission shall be sub-
ject to section 552b of title 5, United States Code.
(i) PERSONNEL MATTERS.—
(1) COMPENSATION OF MEMBERS.—Each mem-
ber of the Commission who is not an officer or em-
ployee of the Federal Government shall serve with-
out compensation. Each member of the Commission
who is an officer or employee of the Federal Govern-
ment shall serve without compensation in addition to
compensation received for service as an officer or
employee of the Federal Government.
(2) TRAVEL EXPENSES.—The members of the
Commission, when engaged in Commission business,
shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for persons
employed intermittently in the Government service
under section 5703 of title 5, United States Code.
(j) STAFF.—
(1) IN GENERAL.—The Commission may, with-
out regard to civil service laws (including regula-
tions), appoint and fix the compensation of such
staff members as are necessary to enable the Com-
mission to carry out its duties. The Commission may
appoint a Director and other officers as the Com-
mission considers necessary or appropriate. The
Commission may appoint to the staff such specialists
as the Commission considers necessary or appro-
priate to carry out the duties of the Commission,
including specialists in the areas of planning, com-
munity development, interpretive services, historic
preservation, recreation, natural resources, com-
merce and industry, education, financing, and public
relations.
(2) COMPENSATION.—The Commission may fix
the compensation of the Director and other staff
members without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, Unit-
ed States Code, relating to classification of positions
and General Schedule pay rates, except that no staff
member may receive pay in excess of the annual rate
payable for grade level GS–15 of the General
Schedule.
(k) EXPERTS AND CONSULTANTS.—Subject to such
rules as the Commission may adopt, the Commission may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates deter-
mined by the Commission to be reasonable.
(l) DETAIL OF GOVERNMENT EMPLOYEES.—On re-
quest of the Commission, the head of any Federal agency
may detail, on a reimbursable basis, the personnel of the
agency to the Commission to assist the Commission in car-
rying out the duties of the Commission. The Commission
may accept the services of personnel detailed from the
State of South Carolina, or any political subdivision of the
State, and may reimburse the State or political subdivision
for the services.
(m) ADMINISTRATIVE SUPPORT.—The Administrator
of General Services shall provide such administrative sup-
port services as the Commission may request, on a reim-
bursable basis.
SEC. 6. POWERS OF THE COMMISSION.
(a) PUBLIC MEETINGS.—The Commission may, for
the purpose of carrying out this Act, hold such public
meetings, sit and act at such times and places, take such
testimony, and receive such evidence, as the Commission
considers appropriate. The Commission may not issue sub-
poenas or exercise subpoena authority.
(b) BYLAWS.—The Commission may make such by-
laws, rules, and regulations, consistent with this Act, as
the Commission considers necessary to carry out its func-
tions under this Act.
(c) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission, if authorized by the Com-
mission, may take any action that the Commission is au-
thorized to take under this section.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(e) USE OF FUNDS TO OBTAIN MONEY.—The Com-
mission may use its funds to obtain money from any
source under any program or law requiring the recipient
of the money to make a contribution in order to receive
the money.
(f) RETENTION
OF REVENUES.—The Commission
may retain revenue from the sale or lease of any goods
or services.
(g) GIFTS.—Notwithstanding any other law, the
Commission may seek and accept gifts, bequests, and do-
nations of funds, property, or services from private indi-
viduals, foundations, corporations, and other private enti-
ties, and from public entities for the purpose of carrying
out its duties. For purposes of section 170(c) of the Inter-
nal Revenue Code of 1986, any donation to the Commis-
sion shall be considered to be a gift to the United States.
(h) ACQUISITION AND DISPOSITION OF REAL PROP-
ERTY.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Commission may not acquire
real property or an interest in real property.
(2) CONDITIONS FOR ACQUISITION.—Subject to
paragraph (3), the Commission may acquire real
property or an interest in real property in the
Corridor—
(A) by gift or devise;
(B) by purchase from a willing seller using
donated or appropriated land acquisition funds;
or
(C) by exchange.
(3) CONVEYANCE.—Any real property or inter-
est in real property acquired by the Commission
shall be conveyed by the Commission to an appro-
priate public agency or private nonprofit organiza-
tion, as determined by the Commission—
(A) as soon as practicable after the acqui-
sition; and
(B) on the condition that the real property
or interest in real property limits use of the
property to uses that are consistent with this
Act.
(4) DISPOSAL OF PROPERTY.—The Commission
may, with the approval of the Secretary, sell any
real property or interest in real property acquired
pursuant to paragraph (2)(A) or (B) and retain the
revenue from the sale.
(i) TECHNICAL ASSISTANCE.—For the purposes of
implementing the Corridor Management Action Plan, the
Commission may provide technical assistance to Federal
agencies, the State of South Carolina, political subdivi-
sions of the State, and persons (including corporations).
(j) ADVISORY GROUPS.—The Commission may estab-
lish public technical advisory groups to assist the Commis-
sion in carrying out the duties of the Commission with
respect to the areas of economic development, historic
preservation, natural resources, tourism, recreation and
open space, and transportation. The Commission may es-
tablish such additional advisory groups as are necessary
to carry out the duties of the Commission and ensure open
communication with and assistance from interested per-
sons (including organizations), the State of South Caro-
lina, and political subdivisions of the State.
(k) LOCAL AUTHORITY
AND PRIVATE PROPERTY
RIGHTS.—Nothing in this Act shall be construed to au-
thorize the Commission to interfere with—
(1) the rights of any person with respect to pri-
vate property; or
(2) any local land use ordinance or plan of the
State of South Carolina or a political subdivision of
the State.
SEC. 7. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—The Commission shall exercise
powers authorized by section 6 to coordinate activities of
Federal, State, and local governments and private busi-
nesses and organizations to further historic preservation,
cultural conservation, natural area protection, soil con-
servation, timber management, and economic development
in a manner consistent with this Act and in accordance
with the Corridor Management Action Plan developed
under subsection (b).
(b) CORRIDOR MANAGEMENT ACTION PLAN.—
(1) PERIOD
FOR
DEVELOPMENT.—Not later
than 18 months after the date on which the Com-
mission conducts its first meeting, the Commission
shall submit a Corridor Management Action Plan for
the Corridor to the Secretary and to the Governor
for review and approval.
(2) PLAN REQUIREMENTS.—The Corridor Man-
agement Action Plan shall take into consideration
State, county, and local plans existing on the date
on which the Corridor Management Action Plan is
prepared. The Corridor Management Action Plan
shall—
(A) provide an inventory that includes any
real property in the Corridor that should be
conserved, protected, preserved, restored, man-
aged, developed, or maintained because of the
natural, cultural, historic, recreational, or sce-
nic significance of the property;
(B) provide an analysis of then current
and potential land uses within the Corridor that
affect the character of the Corridor;
(C) determine the boundaries of the Cor-
ridor on the basis of the information collected
pursuant to subparagraphs (A) and (B);
(D) recommend advisory standards and
criteria applicable to the construction, preserva-
tion, restoration, alteration, and use of real
property of natural, cultural, historic, rec-
reational, or scenic significance within the
Corridor;
(E) include a heritage interpretation plan
to interpret the resources and values of the
Corridor and provide for appropriate edu-
cational, recreational, and tourism opportunities
and development of the Corridor;
(F) identify the full range of public and
private technical and financial assistance pro-
grams available to implement the Corridor
Management Action Plan and detail how appro-
priate Federal, State, and local programs may
best be coordinated to promote the purposes of
this Act; and
(G) contain a coordinated implementation
plan that—
(i) specifies the activities of Federal,
State, and local governments in relation to
the Corridor; and
(ii) includes cost estimates, schedules,
and a commitment of resources for the ac-
complishment of the implementation plan.
(c) APPROVAL OF PLAN.—
(1) APPROVAL BY GOVERNOR.—Not later than
60 days after receiving a Corridor Management Ac-
tion Plan submitted by the Commission under sub-
section (b), the Governor may transmit an approval
or disapproval of the Corridor Management Action
Plan to the Secretary.
(2) APPROVAL BY SECRETARY.—Not later than
30 days after receipt of the Corridor Management
Action Plan submitted by a Governor under para-
graph (1), the Secretary shall approve or disapprove
the Corridor Management Action Plan.
(3) CRITERIA FOR DECISION.—A Corridor Man-
agement Action Plan shall be approved if—
(A) the Corridor Management Action Plan
will adequately protect the significant natural,
cultural, historic, recreational, and scenic re-
source values and functions of the Corridor;
(B) the Commission has afforded adequate
opportunity for public involvement in the prepa-
ration of the Corridor Management Action
Plan; and
(C) the Secretary and the Governor receive
adequate assurances from appropriate officials
of the State of South Carolina that the rec-
ommended implementation program identified
in the Corridor Management Action Plan will
be initiated within a reasonable time after the
date of approval of the Corridor Management
Action Plan.
(d) DISAPPROVAL OF PLAN.—
(1) IN GENERAL.—If the Secretary or the Gov-
ernor disapprove a Corridor Management Action
Plan, the Secretary shall or the Governor may, as
the case may be—
(A) advise the Commission in writing of
the reasons for the disapproval; and
(B) recommend revisions to the Corridor
Management Action Plan.
(2) REVISION
OF
DISAPPROVED
PLAN.—Not
later than 90 days after the receipt of a notice of
disapproval under paragraph (1), the Commission
shall revise and resubmit the Corridor Management
Action Plan for approval in accordance with sub-
section (c).
(e) IMPLEMENTATION OF PLAN.—
(1) IN GENERAL.—After the Secretary and the
Governor review and approve a Corridor Manage-
ment Action Plan in accordance with subsection (c),
the Commission shall implement the Corridor Man-
agement Action Plan by taking appropriate steps
to—
(A) conserve, protect, restore, preserve,
and interpret the natural, cultural, and historic
resources of the Corridor;
(B) promote the educational and rec-
reational resources and opportunities with re-
spect to the Corridor that are consistent with
the resources of the Corridor; and
(C) support public and private efforts to
achieve economic revitalization, in a manner
consistent with the goals of the Corridor Man-
agement Action Plan.
(2) STEPS.—The steps referred to in paragraph
(1) may include—
(A) assisting State and local government
entities and nonprofit organizations in planning
and implementing programs, projects, or activi-
ties in a manner consistent with this Act, in-
cluding visitor use facilities, tour routes, and
exhibits;
(B) encouraging, by appropriate means,
enhanced economic development in the Corridor
in a manner consistent with the goals of the
Corridor Management Action Plan; and
(C) promoting public awareness and appre-
ciation for historical, cultural, natural, rec-
reational, and scenic resources and associated
values of the Corridor.
(f) ANNUAL REPORTS.—
(1) REPORT OF THE COMMISSION.—As soon as
practicable after the end of the first fiscal year in
which the Commission is established, and annually
thereafter, the Commission shall submit a report to
the Secretary. The report shall describe, for the fis-
cal year that is the subject of the report—
(A) the expenses and income of the Com-
mission; and
(B) a general description of the activities
of the Commission.
(2) REPORT OF THE SECRETARY.—As soon as
practicable after the date on which the Commission
submits a report to the Secretary under paragraph
(1), the Secretary shall submit a report to Congress
that includes—
(A) for the fiscal year that is the subject
of the report—
(i) a description of the loans, grants,
and technical assistance provided by the
Secretary, and from other Federal and
non-Federal sources, to carry out this Act;
and
(ii) an analysis of the adequacy of ac-
tions taken to carry out this Act; and
(B) a statement of the amount of funds
and number of personnel that the Secretary an-
ticipates will be made available to carry out this
Act for the fiscal year following the fiscal year
that is the subject of the report.
SEC. 8. TERMINATION OF THE COMMISSION.
(a) TERMINATION.—
(1) IN GENERAL.—Except as provided in sub-
section (b), the Commission shall terminate on the
date that is 12 years after the date of enactment of
this Act.
(2) TRANSFER OF PROPERTY.—Notwithstand-
ing the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 471 et seq.), any prop-
erty or funds of the Commission remaining upon the
expiration of the Commission shall be transferred by
the Commission to the Secretary, to a State or local
government agency, to a private nonprofit organiza-
tion referred to in section 501(c)(3) of the Internal
Revenue Code of 1986 that is exempt from income
taxes under section 501(a) of the Internal Revenue
Code of 1986, or to any combination of the fore-
going.
(b) EXTENSIONS.—The Commission may be extended
for a period of not more than five years beginning on the
date referred to in subsection (a) if, not later than 180
days before that date—
(1) the Commission determines that an exten-
sion is necessary to carry out this Act;
(2) the Commission submits the proposed ex-
tension to the Committee on Resources of the House
of Representatives and the Committee on Energy
and Natural Resources of the Senate before the ter-
mination date; and
(3) the Secretary and the Governor approve the
extension.
SEC. 9. DUTIES OF THE SECRETARY.
(a) ASSISTANCE.—On request of the Commission,
and subject to the availability of funds appropriated spe-
cifically for the purpose, or made available on a reimburs-
able basis, the Secretary shall provide administrative,
technical, financial, development, and operations assist-
ance. The assistance may include—
(1) general administrative support in planning,
finance, personnel, procurement, property manage-
ment, environmental and historical compliance, and
land acquisition;
(2) personnel;
(3) office space and equipment;
(4) planning and design services for visitor use
facilities, trails, interpretive exhibits, publications,
signs, and natural resource management;
(5) development and construction assistance, in-
cluding visitor use facilities, trails, river use and ac-
cess facilities, scenic byways, signs, waysides, and re-
habilitation of historic structures; and
(6) operations functions, including interpreta-
tion and visitor services, maintenance, and natural
resource management services conducted within the
boundaries of the Corridor.
(b) LOANS, GRANTS, AND COOPERATIVE AGREE-
MENTS.—For the purposes of assisting in the development
and implementation of the Corridor Management Action
Plan, the Secretary may, in consultation with the Commis-
sion, make loans and grants to, and enter into cooperative
agreements with, the State of South Carolina (or a politi-
cal subdivision of the State), private nonprofit organiza-
tions, corporations, or other persons.
(c) LAND TRANSFERS.—The Secretary may accept
transfers of real property from the Commission within the
boundaries of the Corridor as established in the Corridor
Management Action Plan.
SEC. 10. DUTIES OR OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activi-
ties directly affecting the Corridor shall—
(1) consult with the Secretary and the Commis-
sion with respect to such activities;
(2) cooperate with the Secretary and the Com-
mission in carrying out their duties under this Act
and, to the maximum extent practicable, coordinate
those activities with the carrying out of those duties;
and
(3) to the maximum extent practicable, conduct
or support those activities in a manner that the
Commission determines will not have an adverse ef-
fect on the Corridor.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Subject to subsection (b), there
are authorized to be appropriated $2,000,000 for each fis-
cal year to carry out this Act.
(b) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of
the funding provided to the Commission to carry out
this Act for any year may not exceed 50 percent of
the total cost of—
(A) the expenditures of the Commission for
administrative matters for that year;
(B) the expenditures of the Commission
for the development and implementation of the
Corridor Management Action Plan for that
year; and
(C) the expenditures of the Commission for
land acquisition for that year.
(2) NON-FEDERAL
SHARE.—The non-Federal
share of the expenditures described in paragraph (1)
may be in the form of cash, services, or in-kind con-
tributions, fairly valued.
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