(7) The Oil Region also represents a cross sec-
tion of American history associated with Native
Americans, frontier settlements, the French and In-
dian War, African Americans and the Underground
Railroad, and immigration of Swedish and Polish in-
dividuals, among others.
(8) Involvement by the Federal Government
shall serve to enhance the efforts of the Common-
wealth of Pennsylvania, local subdivisions of the
Commonwealth of Pennsylvania, volunteer organiza-
tions, and private businesses, to promote the cul-
tural, national, and recreational resources of the re-
gion in order to fulfill their full potential.
(b) PURPOSE.—The purpose of this title is to en-
hance a cooperative management framework to assist the
Commonwealth of Pennsylvania, its units of local govern-
ment, and area citizens in conserving, enhancing, and in-
terpreting the significant features of the lands, water, and
structures of the Oil Region, in a manner consistent with
compatible economic development for the benefit and in-
spiration of present and future generations in the Com-
monwealth of Pennsylvania and the United States.
SEC. 603. OIL REGION NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is hereby established
the Oil Region National Heritage Area.
(b) BOUNDARIES.—The boundaries of the Heritage
Area shall include all of those lands depicted on a map
entitled ‘‘Oil Region National Heritage Area’’, numbered
OIRE/20,000 and dated October, 2000. The map shall be
on file in the appropriate offices of the National Park
Service. The Secretary of the Interior shall publish in the
Federal Register, as soon as practical after the date of
the enactment of this Act, a detailed description and map
of the boundaries established under this subsection.
(c) MANAGEMENT ENTITY.—The management entity
for the Heritage Area shall be the Oil Heritage Region,
Inc., the locally based private, nonprofit management cor-
poration which shall oversee the development of a manage-
ment plan in accordance with section 605(b).
SEC. 604. COMPACT.
To carry out the purposes of this title, the Secretary
shall enter into a compact with the management entity.
The compact shall include information relating to the ob-
jectives and management of the area, including a discus-
sion of the goals and objectives of the Heritage Area, in-
cluding an explanation of the proposed approach to con-
servation and interpretation and a general outline of the
protection measures committed to by the Secretary and
management entity.
SEC. 605. AUTHORITIES AND DUTIES OF MANAGEMENT EN-
TITY.
(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—
The management entity may use funds made available
under this title for purposes of preparing, updating, and
implementing the management plan developed under sub-
section (b). Such purposes may include—
(1) making grants to, and entering into cooper-
ative agreements with, States and their political sub-
divisions, private organizations, or any other person;
(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the
purposes of the Heritage Area.
(b) MANAGEMENT PLAN.—The management entity
shall develop a management plan for the Heritage Area
that—
(1) presents comprehensive strategies and rec-
ommendations for conservation, funding, manage-
ment, and development of the Heritage Area;
(2) takes into consideration existing State,
county, and local plans and involves residents, public
agencies, and private organizations working in the
Heritage Area;
(3) includes a description of actions that units
of government and private organizations have agreed
to take to protect the resources of the Heritage
Area;
(4) specifies the existing and potential sources
of funding to protect, manage, and develop the Her-
itage Area;
(5) includes an inventory of the resources con-
tained in the Heritage Area, including a list of any
property in the Heritage Area that is related to the
themes of the Heritage Area and that should be pre-
served, restored, managed, developed, or maintained
because of its natural, cultural, historic, recreational,
or scenic significance;
(6) describes a program for implementation of
the management plan by the management entity, in-
cluding plans for restoration and construction, and
specific commitments for that implementation that
have been made by the management entity and any
other persons for the first 5 years of implementa-
tion;
(7) lists any revisions to the boundaries of the
Heritage Area proposed by the management entity
and requested by the affected local government; and
(8) includes an interpretation plan for the Her-
itage Area.
(c) DEADLINE; TERMINATION OF FUNDING.—
(1) DEADLINE.—The management entity shall
submit the management plan to the Secretary within
2 years after the funds are made available for this
title.
(2) TERMINATION OF FUNDING.—If a manage-
ment plan is not submitted to the Secretary in ac-
cordance with this subsection, the management enti-
ty shall not qualify for Federal assistance under this
title.
(d) DUTIES OF MANAGEMENT ENTITY.—The man-
agement entity shall—
(1) give priority to implementing actions set
forth in the compact and management plan;
(2) assist units of government, regional plan-
ning organizations, and nonprofit organizations in—
(A) establishing and maintaining interpre-
tive exhibits in the Heritage Area;
(B) developing recreational resources in
the Heritage Area;
(C) increasing public awareness of and ap-
preciation for the natural, historical, and archi-
tectural resources and sites in the Heritage
Area;
(D) the restoration of any historic building
relating to the themes of the Heritage Area;
(E) ensuring that clear signs identifying
access points and sites of interest are put in
place throughout the Heritage Area; and
(F) carrying out other actions that the
management entity determines to be advisable
to fulfill the purposes of this title;
(3) encourage by appropriate means economic
viability in the Heritage Area consistent with the
goals of the management plan;
(4) consider the interests of diverse govern-
mental, business, and nonprofit groups within the
Heritage Area; and
(5) for any year in which Federal funds have
been provided to implement the management plan
under subsection (b)—
(A) conduct public meetings at least annu-
ally regarding the implementation of the man-
agement plan;
(B) submit an annual report to the Sec-
retary setting forth accomplishments, expenses
and income, and each person to which any
grant was made by the management entity in
the year for which the report is made; and
(C) require, for all agreements entered into
by the management entity authorizing expendi-
ture of Federal funds by any other person, that
the person making the expenditure make avail-
able to the management entity for audit all
records pertaining to the expenditure of such
funds.
(e) PROHIBITION ON THE ACQUISITION OF REAL
PROPERTY.—The management entity may not use Fed-
eral funds received under this title to acquire real property
or an interest in real property.
SEC. 606. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—
(A) OVERALL ASSISTANCE.—The Secretary
may, upon the request of the management enti-
ty, and subject to the availability of appropria-
tions, provide technical and financial assistance
to the management entity to carry out its du-
ties under this title, including updating and im-
plementing a management plan that is sub-
mitted under section 605(b) and approved by
the Secretary and, prior to such approval, pro-
viding assistance for initiatives.
(B) OTHER ASSISTANCE.—If the Secretary
has the resources available to provide technical
assistance to the management entity to carry
(E) design and fabrication of a wide range
of interpretive materials based on the manage-
ment plan, including guide brochures, visitor
displays, audio-visual and interactive exhibits,
and educational curriculum materials for public
education; and
(F) implementation of initiatives prior to
approval of the management plan.
(3) DOCUMENTATION
OF
STRUCTURES.—The
Secretary, acting through the Historic American
Building Survey and the Historic American Engi-
neering Record, shall conduct studies necessary to
document the industrial, engineering, building, and
architectural history of the Heritage Area.
(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT
PLANS.—The Secretary, in consultation with the Governor
of Pennsylvania, shall approve or disapprove a manage-
ment plan submitted under this title not later than 90
days after receiving such plan. In approving the plan, the
Secretary shall take into consideration the following cri-
teria:
(1) The extent to which the management plan
adequately preserves and protects the natural, cul-
tural, and historical resources of the Heritage Area.
(2) The level of public participation in the de-
velopment of the management plan.
(3) The extent to which the board of directors
of the management entity is representative of the
local government and a wide range of interested or-
ganizations and citizens.
(c) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves a management plan, the Secretary shall
advise the management entity in writing of the reasons
for the disapproval and shall make recommendations for
revisions in the management plan. The Secretary shall ap-
prove or disapprove a proposed revision within 90 days
after the date it is submitted.
(d) APPROVING CHANGES.—The Secretary shall re-
view and approve amendments to the management plan
under section 605(b) that make substantial changes.
Funds appropriated under this title may not be expended
to implement such changes until the Secretary approves
the amendments.
(e) EFFECT OF INACTION.—If the Secretary does not
approve or disapprove a management plan, revision, or
change within 90 days after it is submitted to the Sec-
retary, then such management plan, revision, or change
shall be deemed to have been approved by the Secretary.
SEC. 607. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activi-
ties directly affecting the Heritage Area shall—
(1) consult with the Secretary and the manage-
ment entity with respect to such activities;
(2) cooperate with the Secretary and the man-
agement entity in carrying out their duties under
this title and, to the maximum extent practicable,
coordinate such activities with the carrying out of
such duties; and
(3) to the maximum extent practicable, conduct
or support such activities in a manner that the man-
agement entity determines shall not have an adverse
effect on the Heritage Area.
SEC. 608. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after the expiration of the
15-year period beginning on the date that funds are first
made available for this title.
SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE
PROPERTY.
(a) NOTIFICATION
AND CONSENT
OF PROPERTY
OWNERS REQUIRED.—No privately owned property shall
be preserved, conserved, or promoted by the management
plan for the Heritage Area until the owner of that private
property has been notified in writing by the management
entity and has given written consent for such preservation,
conservation, or promotion to the management entity.
(b) LANDOWNER WITHDRAW.—Any owner of private
property included within the boundary of the Heritage
Area shall have their property immediately removed from
the boundary by submitting a written request to the man-
agement entity.
SEC. 610. PRIVATE PROPERTY PROTECTION.
(a) ACCESS
TO PRIVATE PROPERTY.—Nothing in
this title shall be construed to—
(1) require any private property owner to allow
public access (including Federal, State, or local gov-
ernment access) to such private property; or
(2) modify any provision of Federal, State, or
local law with regard to public access to or use of
private property.
(b) LIABILITY.—Designation of the Heritage Area
shall not be considered to create any liability, or to have
any effect on any liability under any other law, of any pri-
vate property owner with respect to any persons injured
on such private property.
(c) RECOGNITION OF AUTHORITY TO CONTROL LAND
USE.—Nothing in this title shall be construed to modify
the authority of Federal, State, or local governments to
regulate land use.
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS
IN HERITAGE AREA.—Nothing in this title shall be con-
strued to require the owner of any private property located
within the boundaries of the Heritage Area to participate
in or be associated with the Heritage Area.
(e) EFFECT OF ESTABLISHMENT.—The boundaries
designated for the Heritage Area represent the area within
which Federal funds appropriated for the purpose of this
title may be expended. The establishment of the Heritage
Area and its boundaries shall not be construed to provide
any nonexisting regulatory authority on land use within
the Heritage Area or its viewshed by the Secretary, the
National Park Service, or the management entity.
SEC. 611. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this title shall preclude the management
entity from using Federal funds available under Acts other
than this title for the purposes for which those funds were
authorized.
SEC. 612. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title—
(1) not more than $1,000,000 for any fiscal
year; and
(2) not more than a total of $10,000,000.
(b) 50 PERCENT MATCH.—Financial assistance pro-
vided under this title may not be used to pay more than
50 percent of the total cost of any activity carried out with
that assistance.
Passed the House of Representatives July 19, 2004.
Attest:
Clerk.