I
103D CONGRESS
2D SESSION
H. R. 4330
To establish the South Carolina National Heritage Corridor, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 3, 1994
Mr. DERRICK (for himself, Mr. CLYBURN, Mr. RAVENEL, Mr. SPENCE, and
Mr. SPRATT) introduced the following bill; which was referred to the
Committee on Natural 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
National Heritage Corridor Act of 1994’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) The South Carolina National Heritage Cor-
ridor, more than 250 miles in length, possesses a
wide diversity of significant rare plants, animals,
and ecosystems, agricultural and timber lands, shell-
fish harvesting areas, historic sites and structures,
and cultural and multicultural landscapes related to
the past and current commerce, transportation, mar-
itime, textile, agricultural, mining, cattle, pottery,
and national defense industries of the region which
provide significant ecological, natural, tourism, rec-
reational, timber management, educational, and eco-
nomic benefits.
(2) There is a national interest in protecting,
conserving, restoring, promoting, and interpreting
the benefits of the region for the residents of, and
visitors to, the Corridor area.
(3) A primary responsibility for conserving, pre-
serving, protecting, and promoting the benefits re-
sides with the State of South Carolina and the var-
ious local units of government having jurisdiction
over the corridor area.
(4) In view of the longstanding Federal practice
of assisting the States in creating, protecting, con-
serving, preserving, and interpreting areas of signifi-
cant natural and cultural importance, and in view of
the national significance of the Corridor, the Federal
Government has an interest in assisting the State of
South Carolina, the units of local government of the
State, and the private sector in fulfilling their re-
sponsibilities.
(b) PURPOSES.—The purposes of this Act are as
follows:
(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 finan-
cial and technical assistance, the State of South
Carolina and the units of local government of the
State and the private sector in the development of
a management action plan for the Corridor to en-
sure coordinated public and private action in the
Corridor area in a manner consistent with sub-
section (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 and the
units of local government of the State to identify the
full range of public and private technical and finan-
cial assistance programs and services available to
implement the Plan.
(5) To encourage adequate coordination of all
government programs affecting the land and water
resources of the Corridor.
(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 Plan;
and
(B) developing policies and programs that
will preserve, conserve, protect, restore, en-
hance, and interpret the cultural, historical,
natural, economic, recreation, and scenic re-
sources of the Corridor.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) COMMISSION.—The term ‘‘Commission’’
means the South Carolina National Heritage Cor-
ridor Commission established under section 5.
(2) CORRIDOR.—The term ‘‘Corridor’’ means
the South Carolina National Heritage Corridor es-
tablished under section 4.
(3) CORRIDOR MANAGEMENT ACTION PLAN.—
The term ‘‘Corridor Management Action Plan’’ or
‘‘Plan’’ means the management action plan devel-
oped pursuant to 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 predominately the western counties of the
State of South Carolina, extending from the western
Piedmont along the Savannah Valley to Augusta,
Georgia, along the route of the old Southern Rail-
road, 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
upon the recommendation of the units of local gov-
ernment 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
prepared and approved pursuant to this Act.
SEC. 5. THE SOUTH CAROLINA NATIONAL HERITAGE COR-
RIDOR 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 an in-
tegrated management action plan for the Corridor.
(b) MEMBERSHIP.—The Commission shall be com-
posed of 23 members, appointed by the Secretary as
follows:
(1) The Director of the National Park Service,
ex officio, or a delegate of the Director.
(2) Six members shall be appointed from nomi-
nations submitted by the Governor, as follows:
(A) One member shall represent the inter-
ests of the South Carolina Department of
Parks, Recreation, and Tourism or a successor
agency of the Department.
(B) One member shall represent the South
Carolina Department of Natural Resources or a
successor agency of 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 of the Commission.
(E) One member shall represent the South
Carolina State Historic Preservation Office or a
successor agency of the Office.
(F) One member shall represent the South
Carolina Department of Commerce or a succes-
sor agency of the Department.
(3) Fourteen members shall be appointed from
nominations submitted by the county commissioners
of which one member shall be appointed from each
of the counties of Oconee, Pickens, Anderson, Abbe-
ville, Greenwood, McCormick, Edgefield, Aiken,
Barnwell, 
Orangeburg, 
Bamberg, 
Dorchester,
Colleton, and Charleston of the State of South Caro-
lina. The nominations submitted by each county
shall be based upon recommendations from commu-
nity visitor councils located within the county.
(4) One member with knowledge and experience
in the field of historic preservation, shall be ap-
pointed from nominations submitted by the Director
of the National Park Service.
(5) One member shall be appointed from rec-
ommendations submitted by the South Carolina
Downtown Development Association.
(c) PERIOD OF APPOINTMENT.—
(1) IN GENERAL.—Except as provided in para-
graph (2), each member of the Commission shall be
appointed to serve for a term of 3 years and, on the
expiration of a term, may be reappointed to serve for
one or more additional terms.
(2) LIMITED
APPOINTMENTS.—The members
appointed pursuant to paragraphs (2), (4), and (5)
of subsection (b) shall be appointed to serve for a
term of 2 years and, on the expiration of a term,
may be reappointed to serve for one or more addi-
tional terms.
(d) INITIAL APPOINTMENTS.—Not later than 180
days after the date of enactment of this Act, the Secretary
shall appoint the initial members of the Commission.
(e) VACANCIES.—Any vacancy in the Commission
shall be filled in the same manner in which the initial ap-
pointment was made. Any member of the Commission ap-
pointed to fill a vacancy shall serve for the remainder of
the term for which the initial member was appointed. Any
member of the Commission appointed for a definite term
may serve after the expiration of the term until a succes-
sor 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 public meetings. The affirmative vote of not less
than 11 members of the Commission shall be required to
approve the budget of the Commission.
(h) MEETINGS.—The Commission shall meet at least
quarterly or at the call 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 (relating
to open meetings).
(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 officers or em-
ployees 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.
(k) EXPERTS AND CONSULTANTS.—Subject to such
rules as may be adopted by the Commission, the Commis-
sion may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at
rates determined by the Commission to be reasonable.
(l) DETAIL OF GOVERNMENT EMPLOYEES.—Upon
request of the Commission, the head of any Federal agen-
cy may detail, on a reimbursable basis, the personnel of
such agency to the Commission to assist the Commission
in carrying out the duties of the Commission. The Com-
mission may accept the services of personnel detailed from
the State of South Carolina, or any political subdivision
of such 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
it considers necessary to carry out its functions under this
Act.
(c) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission, if so authorized by the
Commission, may take any action which the Commission
is authorized 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 such money to make a contribution in order to receive
such money.
(f) RETAINING REVENUES.—The Commission may
retain revenue from the sale or lease of any goods or
services.
(g) GIFTS.—Notwithstanding any other provision of
law, the Commission may seek and accept gifts, bequests,
and donations of funds, property, or services from private
individuals, foundations, corporations, and other private
entities, and from public entities for the purpose of carry-
ing out its duties. For purposes of section 170(c) of the
Internal Revenue Code of 1986, any donation to the Com-
mission shall be deemed 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 interests in real property.
(2) CONDITIONS FOR ACQUISITION.—Subject to
paragraph (3), the Commission may acquire real
property, or interests in real property, in the Cor-
ridor—
(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
under paragraph (2) shall be conveyed by the Com-
mission to an appropriate public agency or private
nonprofit organization, as determined by the Com-
mission—
(A) as soon as practicable after such 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 approval of the Secretary, sell any real
property or interest in real property acquired pursu-
ant to subparagraphs (A) and (B) of paragraph (2)
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 is intended to affect or to
authorize 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 Plan developed pursuant to 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 Plan shall
take into consideration State, county, and local
plans existing on the date on which the Plan is pre-
pared. The 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 basis of the information collected pur-
suant 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 to 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 Plan, and de-
tail how appropriate 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; and
(ii) includes cost estimates, schedules,
and a commitment of resources for the ac-
complishment of the implementation plan.
(c) APPROVAL OF THE PLAN.—
(1) APPROVAL BY THE GOVERNOR.—Not later
than 60 days after receiving a Plan submitted by the
Commission pursuant to subsection (b), the Gov-
ernor shall approve or disapprove the Plan.
(2) APPROVAL BY THE SECRETARY.—A Plan
approved by the Governor under paragraph (1) shall
be submitted to the Secretary for approval or dis-
approval. Not later than 30 days after receipt of the