H. R. 4578—42
are also not inconsistent with existing statutory authorities.
Nothing in this section shall be construed to expand the existing
statutory authority of the Secretary.
SEC. 157. (a) SHORT TITLE.—This section may be cited as the
‘‘Wheeling National Heritage Area Act of 2000’’.
(b) FINDINGS AND PURPOSES.—
(1) FINDINGS.—The Congress finds that—
(A) the area in an around Wheeling, West Virginia,
possesses important historical, cultural, and natural
resources, representing major heritage themes of transpor-
tation, commerce and industry, and Victorian culture in
the United States;
(B) the City of Wheeling has played an important
part in the settlement of this country by serving as—
(i) the western terminus of the National Road of
the early 1800’s;
(ii) the ‘‘Crossroads of America’’ throughout the
nineteenth century;
(iii) one of the few major inland ports in the nine-
teenth century; and
(iv) the site for the establishment of the Restored
State of Virginia, and later the State of West Virginia,
during the Civil War and as the first capital of the
new State of West Virginia;
(C) the City of Wheeling has also played an important
role in the industrial and commercial heritage of the United
States, through the development and maintenance of many
industries crucial to the Nation’s expansion, including iron
and steel, textile manufacturing, boat building, glass manu-
facturing, and stogie and chewing tobacco manufacturing
facilities, many of which are industries that continue to
play an important role in the national economy;
(D) the city of Wheeling has retained its national herit-
age themes with the designations of the old custom house
(now Independence Hall) and the historic suspension bridge
as National Historic Landmarks; with five historic districts;
and many individual properties in the Wheeling area listed
or eligible for nomination to the National Register of His-
toric Places;
(E) the heritage themes and number and diversity
of Wheeling’s remaining resources should be appropriately
retained, enhanced, and interpreted for the education, ben-
efit, and inspiration of the people of the United States;
and
(F) in 1992 a comprehensive plan for the development
and administration of the Wheeling National Heritage Area
was completed for the National Park Service, the City
of Wheeling, and the Wheeling National Task Force,
including—
(i) an inventory of the national and cultural
resources in the City of Wheeling;
(ii) criteria for preserving and interpreting signifi-
cant natural and historic resources;
(iii) a strategy for the conservation, preservation,
and reuse of the historical and cultural resources in
the City of Wheeling and the surrounding region; and
H. R. 4578—43
(iv) an implementation agenda by which the State
of West Virginia and local governments can coordinate
their resources as well as a complete description of
the management entity responsible for implementing
the comprehensive plan.
(2) PURPOSES.—The purposes of this section are—
(A) to recognize the special importance of the history
and development of the Wheeling area in the cultural herit-
age of the Nation;
(B) to provide a framework to assist the City of
Wheeling and other public and private entities and individ-
uals in the appropriate preservation, enhancement, and
interpretation of significant resources in the Wheeling area
emblematic of Wheeling’s contributions to the Nation’s cul-
tural heritage;
(C) to allow for limited Federal, State and local capital
contributions for planning and infrastructure investments
to complete the Wheeling National Heritage Area, in part-
nership with the State of West Virginia, the City of
Wheeling, and other appropriate public and private enti-
ties; and
(D) to provide for an economically self-sustaining
National Heritage Area not dependent on Federal financial
assistance beyond the initial years necessary to establish
the heritage area.
(c) DEFINITIONS.—As used in this section—
(1) the term ‘‘city’’ means the City of Wheeling;
(2) the term ‘‘heritage area’’ means the Wheeling National
Heritage Area established in subsection (d);
(3) the term ‘‘plan’’ means the ‘‘Plan for the Wheeling
National Heritage Area’’ dated August, 1992;
(4) the term ‘‘Secretary’’ means the Secretary of the
Interior; and
(5) the term ‘‘State’’ means the State of West Virginia.
(d) WHEELING NATIONAL HERITAGE AREA.—
(1) ESTABLISHMENT.—In furtherance of the purposes of this
section, there is established in the State of West Virginia the
Wheeling National Heritage Area, as generally depicted on
the map entitled ‘‘Boundary Map, Wheeling National Heritage
Area, Wheeling, West Virginia’’ and dated March, 1994. The
map shall be on file and available for public inspection in
the appropriate offices of the National Park Service.
(2) MANAGEMENT ENTITY.—
(A) The management entity for the heritage area shall
be the Wheeling National Heritage Corporation, a non-
profit corporation chartered in the State of West Virginia.
(B) To the extent consistent with this section, the
management entity shall manage the heritage area in
accordance with the plan.
(e) DUTIES OF THE MANAGEMENT ENTITY.—
(1) MISSION.—
(A) The primary mission of the management entity
shall be—
(i) to implement and coordinate the recommenda-
tions contained in the plan;
(ii) ensure integrated operation of the heritage
area; and
H. R. 4578—44
(iii) conserve and interpret the historic and cul-
tural resources of the heritage area.
(B) The management entity shall also direct and coordi-
nate the diverse conservation, development, programming,
educational, and interpretive activities within the heritage
area.
(2) RECOGNITION OF PLAN.—The management entity shall
work with the State of West Virginia and local governments
to ensure that the plan is formally adopted by the City and
recognized by the State.
(3) IMPLEMENTATION.—To the extent practicable, the
management entity shall—
(A) implement the recommendations contained in the
plan in a timely manner pursuant to the schedule identified
in the plan;
(B) coordinate its activities with the City, the State,
and the Secretary;
(C) ensure the conservation and interpretation of the
heritage area’s historical, cultural, and natural resources,
including—
(i) assisting the City and the State in the preserva-
tion of sites, buildings, and objects within the heritage
area which are listed or eligible for listing on the
National Register of Historic Places;
(ii) assisting the City, the State, or a nonprofit
organization in the restoration of any historic building
in the heritage area;
(iii) increasing public awareness of and apprecia-
tion for the natural, cultural, and historic resources
of the heritage area;
(iv) assisting the State or City in designing, estab-
lishing, and maintaining appropriate interpretive
facilities and exhibits in the heritage area;
(v) assisting in the enhancement of public aware-
ness and appreciation for the historical, archaeological,
and geologic resources and sites in the heritage area;
and
(vi) encouraging the City and other local govern-
ments to adopt land use policies consistent with the
goals of the plan, and to take actions to implement
those policies;
(D) encourage intergovernmental cooperation in the
achievement of these objectives;
(E) develop recommendations for design standards
within the heritage area; and
(F) seek to create public-private partnerships to finance
projects and initiatives within the heritage area.
(4) AUTHORITIES.—The management entity may, for the
purposes of implementing the plan, use Federal funds made
available by this section to—
(A) make grants to the State, City, or other appropriate
public or private organizations, entities, or persons;
(B) enter into cooperative agreements with, or provide
technical assistance to Federal agencies, the State, City
or other appropriate public or private organizations, enti-
ties, or persons;
H. R. 4578—45
(C) hire and compensate such staff as the management
entity deems necessary;
(D) 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;
(E) spend funds on promotion and marketing consistent
with the resources and associated values of the heritage
area in order to promote increased visitation; and
(F) contract for goods and services.
(5) ACQUISITION OF REAL PROPERTY.—
(A) Except as provided in paragraph (B), the manage-
ment entity may not acquire any real property or interest
therein within the heritage area, other than the leasing
of facilities.
(B)(i) Subject to subparagraph (ii), the management
entity may acquire real property, or an interest therein,
within the heritage area by gift or devise, or by purchase
from a willing seller with money which was donated,
bequeathed, appropriated, or otherwise made available to
the management entity on the condition that such money
be used to purchase real property, or interest therein,
within the heritage area.
(ii) Any real property or interest therein acquired by
the management entity pursuant to this paragraph shall
be conveyed in perpetuity by the management entity to
an appropriate public or private entity, as determined by
the management entity. Any such conveyance shall be
made as soon as practicable after acquisition, without
consideration, and on the condition that the real property
or interest therein so conveyed shall be used for public
purposes.
(6) REVISION OF PLAN.—Within 18 months after the date
of enactment, the management entity shall submit to the Sec-
retary a revised plan. Such revision shall include, but not
be limited to—
(A) a review of the implementation agenda for the
heritage area;
(B) projected capital costs; and
(C) plans for partnership initiatives and expansion of
community support.
(f) DUTIES OF THE SECRETARY.—
(1) INTERPRETIVE
SUPPORT.—The Secretary may, upon
request of the management entity, provide appropriate interpre-
tive, planning, educational, staffing, exhibits, and other mate-
rial or support for the heritage area, consistent with the plan
and as appropriate to the resources and associated values of
the heritage area.
(2) TECHNICAL
ASSISTANCE.—The Secretary may upon
request of the management entity and consistent with the
plan, provide technical assistance to the management entity.
(3) COOPERATIVE AGREEMENTS AND GRANTS.—The Secretary
may, in consultation with the management entity and con-
sistent with the management plan, make grants to, and enter
into cooperative agreements with the management entity, the
State, City, non-profit organization or any person.
(3) PLAN AMENDMENTS.—No amendments to the plan may
be made unless approved by the Secretary. The Secretary shall
H. R. 4578—46
consult with the management entity in reviewing any proposed
amendments.
(g) DUTIES OF OTHER FEDERAL AGENCIES.—Any Federal depart-
ment, agency, or other entity conducting or supporting activities
directly affecting the heritage area shall—
(1) consult with the Secretary and the management entity
with respect to such activities.
(2) cooperate with the Secretary and the management
entity in carrying out their duties under this Act, and to the
extent practicable, coordinate such activities directly with the
duties of the Secretary and the management entity.
(3) to the extent practicable, conduct or support such activi-
ties in a manner which the management entity determines
will not have an adverse effect on the heritage area.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $10,000,000, except that not more
than $1,000,000 may be appropriated to carry out this section
for any fiscal year.
(2) MATCHING FUNDS.—Federal funding provided under this
section shall be matched at least 25 percent by other funds
or in-kind services.
(i) SUNSET.—The Secretary may not make any grant or provide
any assistance under this section after September 30, 2015.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $229,616,000, to remain available until
expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions,
and others, and for forest health management, cooperative forestry,
and education and land conservation activities and conducting an
international program as authorized, $238,455,000, to remain avail-
able until expended, as authorized by law: Provided, That none
of the funds made available by this Act shall be used for the
urban resources partnership program.
For an additional amount to cover necessary expenses for emer-
gency pest management and forest health activities on Federal,
State and private lands, $12,500,000, to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That these funds shall
be available only to the extent that an official budget request
for a specific dollar amount, that includes designation of the entire
amount as an emergency requirement as defined by such Act,
is transmitted by the President to the Congress.
H. R. 4578—47
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, $1,280,693,000, to remain avail-
able until expended, which shall include 50 percent of all moneys
received during prior fiscal years as fees collected under the Land
and Water Conservation Fund Act of 1965, as amended, in accord-
ance with section 4 of the Act (16 U.S.C. 460l–6a(i)), of which
not less than an additional $500,000 shall be available for use
for law enforcement purposes in the national forest that, during
calendar year 2000, had both the greatest number of methamphet-
amine dumps and the greatest number of methamphetamine labora-
tory law enforcement actions in the National Forest System, and
of which not less than an additional $500,000 shall be available
for law enforcement purposes on the Pisgah and Nantahala National
Forests, and of which for the purpose of implementing the Valles
Caldera Preservation Act, $990,000, to remain available until
expended, shall be available to the Secretary for the management
of the Valles Caldera National Preserve: Provided, That any
remaining balances available for implementing the Valles Caldera
Preservation Act be provided to the Valles Caldera Trust upon
its assumption of the management of the Preserve: Provided further,
That notwithstanding the limitations of 107(e)(2) of the Valles
Caldera Preservation Act (Public Law 106–248), for fiscal years
2001 and 2002, the members of the Board of Trustees of the Valles
Caldera Trust may receive, upon request, compensation for each
day (including travel time) that they are engaged in the performance
of the functions of the Board. Compensation shall not exceed the
daily equivalent of the annual rate in effect for members of the
Senior Executive Service at the ES–1 level, and shall be in addition
to any reimbursement for travel, subsistence and other necessary
expenses incurred by them in the performance of their duties.
Members of the Board who are officers or employees of the United
States shall not receive any additional compensation by reason
of service on the Board: Provided further, That unobligated balances
available at the start of fiscal year 2001 shall be displayed by
extended budget line item in the fiscal year 2002 budget justifica-
tion: Provided further, That of the amount available for vegetation
and watershed management, the Secretary may authorize the
expenditure or transfer of such sums as necessary to the Depart-
ment of the Interior, Bureau of Land Management for removal,
preparation, and adoption of excess wild horses and burros from
National Forest System lands: Provided further, That $5,000,000
shall be allocated to the Alaska Region, in addition to its normal
allocation for the purposes of preparing additional timber for sale,
to establish a 3-year timber supply and such funds may be trans-
ferred to other appropriations accounts as necessary to maximize
accomplishment: Provided further, That of the funds provided for
Forest Products, $700,000 shall be provided to the State of Alaska
for monitoring activities at Forest Service log transfer facilities,
in the form of an advance, direct lump sum payment.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency fire suppression
on or adjacent to such lands or other lands under fire protection
H. R. 4578—48
agreement, and for emergency rehabilitation of burned-over
National Forest System lands and water, $839,129,000, to remain
available until expended: Provided, That such funds are available
for repayment of advances from other appropriations accounts pre-
viously transferred for such purposes: Provided further, That not
less than 50 percent of any unobligated balances remaining (exclu-
sive of amounts for hazardous fuels reduction) at the end of fiscal
year 2000 shall be transferred, as repayment for post advances
that have not been repaid, to the fund established pursuant to
section 3 of Public Law 71–319 (16 U.S.C. 576 et seq.): Provided
further, That notwithstanding any other provision of law, up to
$8,600,000 of funds appropriated under this appropriation may
be used for Fire Science Research in support of the Joint Fire
Science Program: Provided further, That all authorities for the
use of funds, including the use of contracts, grants, and cooperative
agreements, available to execute the Forest Service and Rangeland
Research appropriation, are also available in the utilization of these
funds for Fire Science Research.
For an additional amount to cover necessary expenses for emer-
gency rehabilitation, presuppression due to emergencies, and wild-
fire suppression activities of the Forest Service, $426,000,000, to
remain available until expended: Provided, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended: Provided further, That these
funds shall be available only to the extent an official budget request
for a specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not otherwise
provided for, $468,568,000, to remain available until expended for
construction, reconstruction, maintenance and acquisition of
buildings and other facilities, and for construction, reconstruction,
repair and maintenance of forest roads and trails by the Forest
Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101
and 205: Provided, That up to $15,000,000 of the funds provided
herein for road maintenance shall be available for the decommis-
sioning of roads, including unauthorized roads not part of the
transportation system, which are no longer needed: Provided fur-
ther, That no funds shall be expended to decommission any system
road until notice and an opportunity for public comment has been
provided on each decommissioning project: Provided further, That
any unobligated balances of amounts previously appropriated to
the Forest Service ‘‘Construction’’, ‘‘Reconstruction and Construc-
tion’’, or ‘‘Reconstruction and Maintenance’’ accounts as well as
any unobligated balances remaining in the ‘‘National Forest
System’’ account for the facility maintenance and trail maintenance
extended budget line items may be transferred to and merged
with the ‘‘Capital Improvement and Maintenance’’ account.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
H. R. 4578—49
460l–4 through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service,
$102,205,000 to be derived from the Land and Water Conservation
Fund, to remain available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$1,069,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities pursuant to the Act
of December 4, 1967, as amended (16 U.S.C. 484a), to remain
available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, as amended, to remain available
until expended, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund estab-
lished pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96–487),
$5,500,000, to remain available until expended.
SOUTHEAST ALASKA ECONOMIC DISASTER FUND
For purposes of the Southeast Alaska Economic Disaster Fund
as set forth in section 101(c) of Public Law 104–314, the direct
grants provided from the Fund shall be considered direct payments
for purposes of all applicable law except that these direct grants
may not be used for lobbying activities: Provided, That a total
of $5,000,000 is hereby appropriated and shall be deposited into
the Southeast Alaska Economic Disaster Fund established pursuant
to Public Law 104–134, as amended, without further appropriation
or fiscal year limitation. The Secretary of Agriculture shall dis-
tribute these funds to the City of Craig in fiscal year 2001.
H. R. 4578—50
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 132 passenger
motor vehicles of which 13 will be used primarily for law enforce-
ment purposes and of which 129 shall be for replacement; acquisi-
tion of 25 passenger motor vehicles from excess sources, and hire
of such vehicles; operation and maintenance of aircraft, the purchase
of not to exceed six for replacement only, and acquisition of sufficient
aircraft from excess sources to maintain the operable fleet at 192
aircraft for use in Forest Service wildland fire programs and other
Forest Service programs; notwithstanding other provisions of law,
existing aircraft being replaced may be sold, with proceeds derived
or trade-in value used to offset the purchase price for the replace-
ment aircraft; (2) services pursuant to 7 U.S.C. 2225, and not
to exceed $100,000 for employment under 5 U.S.C. 3109; (3) pur-
chase, erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and
interests therein, including the Oscoda-Wurtsmith land exchange
in Michigan, pursuant to 7 U.S.C. 428a; (5) for expenses pursuant
to the Volunteers in the National Forest Act of 1972 (16 U.S.C.
558a, 558d, and 558a note); (6) the cost of uniforms as authorized
by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close any
regional office for National Forest System administration of the
Forest Service, Department of Agriculture without the consent of
the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire prepared-
ness due to severe burning conditions if and only if all previously
appropriated emergency contingent funds under the heading
‘‘Wildland Fire Management’’ have been released by the President
and apportioned.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Develop-
ment and the Foreign Agricultural Service in connection with forest
and rangeland research, technical information, and assistance in
foreign countries, and shall be available to support forestry and
related natural resource activities outside the United States and
its territories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service under
this Act shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is
approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in House Report No. 105–163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the proce-
dures contained in House Report No. 105–163.