I
103D CONGRESS
1ST SESSION
H. R. 3604
To establish the Birmingham National Industrial Heritage District in the
State of Alabama, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 21, 1993
Mr. HILLIARD introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To establish the Birmingham National Industrial Heritage
District in the State of Alabama, 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 ‘‘Birmingham National
Industrial Heritage District Act of 1993’’.
SEC. 2. FINDINGS; PURPOSE.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Within the Birmingham District an abun-
dance of natural and mineral resources, waterways,
forges, furnaces, foundries, mills, mines, and rail-
roads, active and inactive, symbolize in physical form
the evolution from small scale industries to inte-
grated mines, iron and steel mill operations, and
from a work force of slaves, through an extensive pe-
riod when industry relied upon a convict labor force,
to capital intensive labor-saving facilities and re-
duced industrial employment.
(2) The sites referred to in paragraph (1) in-
clude Sloss Furnaces National Historic Landmark
and Red Mountain Cut National Natural Landmark
and have been found by the Secretary of the Interior
to have substantial potential to preserve and inter-
pret vestiges of the iron and steel industry in the
southern United States.
(3) Despite efforts by the State, political sub-
divisions of the State, volunteer associations, and
private business, the cultural, historical, natural,
and recreational resources of the District have not
realized full potential social value and may be lost
without assistance from the Federal Government.
(b) PURPOSE.—It is the purpose of this Act to—
(1) preserve and interpret, for the education
and inspirational benefit of present and future gen-
erations, the unique and significant contributions to
our national heritage of certain natural, historical,
cultural, and recreational resources within the Bir-
mingham District in the counties of Walker, Tusca-
loosa, Shelby, Jefferson, and Bibb in the State of
Alabama; and
(2) provide a management framework to assist
the District and units of local government and re-
gional planning and development agencies in the de-
velopment and implementation of integrated natural,
historical, cultural, and recreational resource man-
agement programs in order to retain, enhance, and
interpret the significant value of the land, water,
and other resources of the District.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Commission’’ means the Bir-
mingham National Industrial Heritage District
Commission established by section 5;
(2) the term ‘‘District’’ or ‘‘Birmingham Dis-
trict’’ means the Birmingham National Industrial
Heritage District established by section 4;
(3) the term ‘‘Plan’’ means the heritage man-
agement plan prepared pursuant to section 8 and
approved by the Secretary;
(4) the term ‘‘affected political subdivision of
the State’’ means any political subdivision of the
State of Alabama, any part of which is located in,
adjacent to, or proximate to the District, including
counties, cities, and towns;
(5) the term ‘‘Secretary’’ means the Secretary
of the Interior; and
(6) the term ‘‘State’’ means the State of Ala-
bama.
SEC. 4. ESTABLISHMENT, BOUNDARIES, AND ADMINISTRA-
TION OF DISTRICT.
(a) ESTABLISHMENT.—To carry out the purpose of
this Act, there is hereby established the Birmingham Na-
tional Industrial Heritage District.
(b) BOUNDARIES.—(1) The District shall consist of
Walker, Tuscaloosa, Shelby, Jefferson and Bibb Counties
in the State of Alabama.
(2) Upon a request of the Commission signed by not
less than 7 members of the Commission, the Secretary
may make revisions in the boundaries of the District. Any
such revision shall take effect upon publication by the Sec-
retary in the Federal Register of a revised boundary de-
scription or map.
(c) ADMINISTRATION.—The District shall be admin-
istered in accordance with this Act.
SEC. 5. ESTABLISHMENT OF BIRMINGHAM NATIONAL IN-
DUSTRIAL HERITAGE DISTRICT COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Birmingham National Indus-
trial Heritage District Commission.
(b) MEMBERSHIP.—(1) The Commission shall be
composed of 14 members as follows:
(A) The Chief, Historic American Building Sur-
vey/Historic American Engineering Record of the
National Park Service, ex officio, or such other per-
son as the Secretary shall delegate.
(B) An individual associated with the Sloss
Furnaces National Historic Landmark who shall be
nominated by the Mayor of the City of Birmingham
and appointed by the Secretary.
(C) An individual associated with Red Mountain
Cut National Natural Landmark who shall be nomi-
nated by the Mayor of the City of Birmingham and
appointed by the Secretary.
(D) A representative of a local historical organi-
zation active in researching and interpreting indus-
trial history who shall be nominated by the Commis-
sion of Jefferson County, Alabama, and appointed
by the Secretary.
(E) An individual associated with the iron,
steel, coke or cast iron industry who shall be nomi-
nated by the Commission of Jefferson County, Ala-
bama, and appointed by the Secretary.
(F) An individual associated with Tannehill
State Historic Park who shall be nominated by the
Governor of the State and appointed by the Sec-
retary.
(G) An individual associated with the Alabama
Mining Museum who shall be nominated by the
Commission of Walker County, Alabama, and ap-
pointed by the Secretary.
(H) An individual associated with the mining
industry who shall be nominated by the Commission
of Walker County, Alabama, and appointed by the
Secretary.
(I) An individual associated with the Alabama
Museum of Natural History who shall be nominated
by the President of the University of Alabama, Tus-
caloosa, Alabama, and appointed by the Secretary.
(J) An individual associated with a local histori-
cal organization active in researching and interpret-
ing industrial history who shall be nominated by the
Commission of Tuscaloosa County, Alabama, and
appointed by the Secretary.
(K) An individual associated with a local histor-
ical organization active in researching and interpret-
(3) A vacancy on the Commission shall be filled in
the manner in which the original appointment was made.
(c) TERMS.—(1) Except as provided in paragraphs
(2), (3), and (4) members of the Commission shall be ap-
pointed for terms of three years.
(2) Of the members of the Commission first ap-
pointed under subsection (b)(1)(B) through (N)—
(A) four shall be appointed for terms of one
year;
(B) four shall be appointed for terms of two
years; and
(C) five shall be appointed for terms of three
years,
as designated by the Secretary at the time of appointment.
(3) The member 
appointed 
under 
subsection
(b)(1)(A) shall serve at the pleasure of the Secretary.
(4) Any member of the Commission appointed to fill
a vacancy occurring before the expiration of a term for
which the member’s predecessor was appointed shall be
appointed only for the remainder of such term. A member
of the Commission may serve after the expiration of the
member’s term until the member’s successor has taken of-
fice.
(d) COMPENSATION.—Members of the Commission
shall receive no pay on account of their service on the
Commission, but while away from their homes or regular
places of business in the performance of services for the
Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5,
United States Code.
(e) CHAIRPERSON.—(1) The chairperson of the Com-
mission shall be elected by the members of the Commis-
sion from among members appointed under subsection
(b)(1)(B) through (N).
(2)(A) Except as provided in subparagraph (B), the
term of the chairperson shall be two years.
(B) If a member is appointed to a term on the Com-
mission which is less than two years and is elected chair-
person of the Commission, then such member’s term as
chairperson shall expire at the end of such member’s term
on the Commission.
(f) QUORUM.—(1) Eight members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(2) Any member of the Commission may vote by
means of a signed proxy exercised by another member of
the Commission, but any member so voting shall not be
considered present for purposes of establishing a quorum.
(3) The affirmative vote of not less than eight mem-
bers of the Commission shall be required to approve the
budget of the Commission.
(g) MEETINGS.—The Commission shall meet at least
quarterly at the call of the chairperson or seven of its
members. Meetings of the Commission shall be subject to
section 552b of title 5, United States Code (relating to
open meetings).
SEC. 6. STAFF OF COMMISSION.
(a) DIRECTOR AND STAFF.—(1) The Commission
shall have the power to appoint and fix compensation of
a Director and such staff as may be necessary to carry
out its duties.
(2) Such staff may include specialists in areas such
as interpretation, history, historic preservation, recreation,
conservation, archaeology, revitalization, public manage-
ment, and fundraising.
(3) Except as otherwise provided in this subsection,
such Director and staff—
(A) shall be appointed subject to the provisions
of title 5, United States Code, governing appoint-
ments in the competitive service; and
(B) shall be paid in accordance with the provi-
sions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General
Schedule pay rates.
(b) EXPERTS AND CONSULTANTS.—Subject to such
rules as may be adopted by the Commission, the Commis-
sion may procure temporary and intermittent services to
the same extent as is authorized by section 3109(b) of title
5, United States Code, but at rates determined by the
Commission to be reasonable.
(c) STAFF OF OTHER AGENCIES.—(1) Upon request
of the Commission, the head of any Federal agency may
detail, on a reimbursable basis, any of the personnel of
such agency to the Commission to assist the Commission
in carrying out any of the Commission’s duties under this
Act.
(2) The Commission may accept the services of per-
sonnel detailed from the State of Alabama or any affected
political subdivision of the State and may reimburse the
State or such political subdivision for such services.
SEC. 7. POWERS OF COMMISSION.
(a) HEARINGS.—(1) The Commission may, for the
purpose of carrying out this Act, hold such hearings, sit
and act at such times and places, take such testimony,
and receive such evidence, as the Commission considers
appropriate.
(2) The Commission may not issue subpoenas or ex-
ercise any subpoena authority.
(b) 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 by this Act.
(c) ADMINISTRATIVE SUPPORT SERVICES.—The Ad-
ministrator of General Services shall provide to the Com-
mission, on a reimbursable basis, such administrative sup-
port services as the Commission may request.
(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 APPROPRIATED AMOUNTS TO OBTAIN
FEDERAL FUNDING.—Notwithstanding any other provi-
sion of law, for purposes of any law conditioning the re-
ceipt of Federal funding on a non-Federal contribution,
any portion of the amounts appropriated pursuant to this
Act may, at the election of the Commission, be used as
such non-Federal contribution.
(f) GIFTS.—(1) Except as provided in subsection
(g)(2)(B), the Commission may, for purposes of carrying
out its duties, seek, accept, and dispose of gifts, bequests,
or donations of money, personal property, or services, re-
ceived from any source.
(2) For purposes of section 170(c) of the Internal
Revenue Code of 1986, any gift to the Commission shall
be deemed to be a gift to the United States.
(g) ACQUISITION OF REAL PROPERTY.—(1) Except
as provided in paragraph (2) and except with respect to
any leasing of facilities, the Commission may not acquire
any real property or interest in real property.
(2) Subject to paragraph (3) of this subsection, the
Commission may acquire real property, or interests in real
property, in the District—
(A) by gift or devise; or
(B) by purchase from a willing seller.
(3) Any real property or interest in real property ac-
quired by the Commission under paragraph (2) shall be
conveyed by the Commission to an appropriate public or
private land managing agency with the consent of such
agency, as determined by the Commission. Any such con-
veyance shall be made—
(A) as soon as practicable after such acquisi-
tion;
(B) without consideration; and
(C) on the condition that the real property or
interest in real property so conveyed is used for pub-
lic purposes, consistent with the Plan.
(h) ADVISORY GROUPS.—The Commission may es-
tablish such advisory groups as the Commission deems
necessary to ensure open communication with, and assist-
ance from, the State, political subdivisions of the State,
and interested persons.
(i) OTHER POWERS.—The Commission shall, for the
purpose of implementing the purposes of this Act, have
the following powers and such other powers as are implied
thereby or by any other provision of this Act—
(1) to sue and be sued in its own name and to
prosecute and defend civil actions in any court hav-
ing jurisdiction of the subject matter and of the par-
ties; to defend and to pay the expenses of defending
members, officers, and employees of the Commission
in any action arising from the business of the Com-
mission;
(2) to adopt and make use of a corporate seal
and to alter the same at pleasure;
(3) to adopt and alter bylaws for the regulation
and conduct of its affairs and business;
(4) to acquire, whether by purchase, exchange,
gift, lease, or otherwise and to refinance existing in-
debtedness on, improve and maintain personal prop-
erty which the Commission deems necessary for its
corporate purposes;
(5) to contract for any period with the State or
any affected political subdivision of the State for use
by the Commission of any facilities or services of the
State or any such political subdivision, or by the
State or any such political subdivision of any facili-
ties of the Commission;
(6) to provide such insurance as the Commis-
sion may deem advisable;
(7) to make, enter into, and execute such con-
tracts, agreements, leases, and other instruments
and to take such other actions as may be necessary
or convenient to accomplish any purpose for which
the Commission is organized or to exercise any
power expressly granted hereunder;
(8) to make application directly or indirectly to
any Federal, State, or other source, public or pri-
vate, for loans, grants, guarantees, or other financial
assistance in furtherance of the Commission’s public
purpose and to accept and use the same upon such
terms and conditions as are prescribed by such Fed-
eral, State, or other source; and
(9) to establish and maintain bank accounts
and invest funds temporarily pursuant to such poli-
cies as the Commission may adopt.
SEC. 8. HERITAGE MANAGEMENT PLAN.
(a) PREPARATION OF PLAN.—The Commission shall
prepare and submit for approval by the Secretary a herit-
age management plan consistent with the reports submit-
ted by the Birmingham Historical Society to the National
Park Service pursuant to Cooperative Agreement CA–
5000–1–9011. The plan shall include resource inventories,
a conceptual plan, a management plan, and implementa-
tion strategies for the District, together with stated goals,
objectives, and action statements, all for the purpose of
preserving, enhancing, and interpreting the natural, his-
torical, cultural, and recreational resources of the District.
The plan shall—
(1) provide an inventory which includes any
property in the District which should be preserved,
restored, managed, developed, maintained, or ac-
quired because of its historic or cultural significance;
(2) provide for the preparation of interpretive
presentations to tell the story of the District;
(3) provide for standards, criteria, and approval
procedures for the preservation and use of natural,
cultural, and recreational resources within the Dis-
trict;
(4) provide for one or more visitor orientation
centers within the District;
(5) contain a coordination component which de-
tails the ways in which local, State, and Federal pro-
grams may be best coordinated to promote the pur-
poses of this Act;
(6) contain a program for local and State gov-
ernment implementation of the plan; and
(7) contain policies for land use management
which consider and detail the application of appro-
priate land and water management techniques in-
cluding but not limited to local zoning, use of ease-
ments and development of intergovernmental cooper-
ative agreements so as to protect the District’s cul-
tural, natural, and recreational resources.
(b) MODIFICATION OF PLAN.—The Commission may
modify the Plan if the Commission determines that such
modification is necessary to carry out the purpose of this
Act. No such modification shall take effect until—
(1) the State and any affected political subdivi-
sion of the State which would be affected by such
modification receives notice of such modification;
and
(2) if such modification is significant (as deter-
mined by the Commission) the Commission—
(A) provides adequate notice (as deter-
mined by the Commission) of such modification
by publication in the area of the District; and
(B) conducts a public hearing with respect
to such modification.
(c) APPROVAL OF PLAN.—(1) No plan submitted to
the Secretary under this section shall be approved unless
the Secretary finds that the plan, if implemented, would
adequately protect the significant historical and cultural
resources of the District and consistent with such protec-
tion provide adequate and appropriate outdoor rec-
reational opportunities and economic activities within the
District.
(2) In determining whether or not to approve the
plan, the Secretary shall consider whether—
(A) the Commission has afforded adequate op-
portunity, including public hearings, for public and
governmental involvement in the preparation of the
plan; and
(B) that adequate assurances have been re-
ceived from appropriate State and local officials that
the recommended implementation program identified
in the plan will be initiated within a reasonable time
after the date of approval of the plan and such pro-
gram will ensure implementation of State and local
aspects of the plan.
(3) If the Secretary disapproves the plan, the Com-
mission shall be advised in writing of reasons for the dis-
approval therefore and shall also be advised of any rec-
ommendations for revisions. Following completion of any
necessary revisions to the plan, the Secretary shall have
45 days to either approve or disapprove the plan.
(d) COOPERATIVE AGREEMENTS.—For purposes of
preparing or carrying out the Plan, the Commission may
enter into cooperative agreements with the State, with any
affected political subdivision of the State, or with any or-
ganization or person. Any such cooperative agreement
shall, at a minimum, establish procedures for providing
notice to the Commission of any action proposed by the
State, such political subdivision, or such organization or
person which may affect the implementation of the Plan.
SEC. 9. IMPLEMENTATION OF HERITAGE MANAGEMENT
PLAN.
After review and approval of the Plan by the Sec-
retary, the Commission shall use its power to implement
the Plan and shall give priority to actions which assist
in—
(1) preserving and interpreting the historic, cul-
tural, and natural resources of the District;
(2) complementing State and local historical
parks and museums in the District;
(3) assisting with the enhancement of public
awareness of an appreciation for the cultural, natu-
ral, and recreational resources of the District by
producing interpretive materials for the general pub-
lic and District schools, including (but not limited
to) brochures, visitor orientation displays, videos,
and curriculum units for schools;
(4) assisting the State or local government or
any nonprofit organization in the preservation and
interpretation of any historic, cultural, or natural re-
source in the District, including providing technical
staff assistance for planning, research, preservation,
and interpretation;
(5) encouraging, by appropriate means, en-
hanced economic and industrial development in the
District consistent with the goals of the Plan;
(6) encouraging local and State governments
and regional planning and development agencies to
adopt land use policies consistent with the goals of
the Plan and to take actions to implement those
policies;
(7) encouraging private owners of resources
identified in District inventories to adopt voluntary
measures for the preservation of these resources;
(8) encouraging private landowners adjacent to
significant historic, cultural, and natural resources
within the District to establish, reestablish, or re-
tain, where possible, vegetative or other buffers and
scenic easements for the protection and enhance-
ment of these resources;
(9) ensuring that clear, consistent access routes
are developed to major resources in the District and
signage identifying access points and sites of cul-
tural, natural, and recreational interest are devel-
oped, implemented, and maintained; and
(10) establishing recognition of the District by
actively promoting the historic, cultural, and natural
resources of the District on a community, regional,
State, national, and international basis.
SEC. 10. TERMINATION OF COMMISSION.
(a) TERMINATION.—Except as provided in subsection
(b), the Commission shall terminate on the date which is
10 years after the date of the enactment of this Act.
(b) EXTENSION.—The Commission may extend the
life of the Commission for a period of not more than 10
years beginning on the date referred to in subsection (a)
if, not later than 180 days before such date—
(1) the Commission determines such extension
is necessary in order for the Commission to carry
out the purpose of this Act;
(2) the Commission submits such proposed ex-
tension to the Committee on Interior and Insular Af-
fairs of the House of Representatives and to the
Committee on Energy and Natural Resources of the
Senate; and
(3) the Governor of the State and the Secretary
each approve such extension.
(c) CONVEYANCE OF ASSETS.—Upon termination of
the Commission, its official records and other personal as-
sets shall be distributed as determined by the Secretary
with the advice of the Commission as set forth in any reso-
lution of the Commission adopted by the Commission prior
to its termination.
SEC. 11. DUTIES OF THE SECRETARY.
In carrying out this Act, the Secretary shall do the
following:
(1) Review and approve as appropriate the her-
itage management plan developed under section 8
and any amendments thereto.
(2) Upon request of the Commission, provide
technical assistance to the Commission in carrying
out the provisions of section 9(a)(6). Such assistance
may include recommendations concerning appro-
priate documentation and preservation treatment,
adaptive reuse potential, strategies for finding pri-
vate investors, and tax advantages available with re-
spect to such rehabilitation.
(3) Make available to interested persons infor-
mation which explains tax advantages available with
respect to the rehabilitation of historical structures
in the District.
(4) For each fiscal year during the life of the
Commission, detail to the Commission, on a
nonreimbursable basis, two employees of the Depart-
ment of the Interior to enable the Commission to
carry out the Commission’s duties under section 9.
SEC. 12. DUTIES OF OTHER FEDERAL ENTITIES.–
Any Federal entity conducting or supporting signifi-
cant activities directly affecting the District 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
such activities with the carrying out of such duties;
and
(3) to the maximum extent practicable, conduct,
or support such activities in a manner which the
Commission determines will not have an adverse ef-
fect on the resources cited in the National Park
Service reports.
SEC. 13. EFFECT ON ENVIRONMENTAL AND OTHER STAND-
ARDS; RESTRICTIONS; SAVINGS PROVISIONS
(a) EFFECT
ON
ENVIRONMENTAL
AND
OTHER
STANDARDS.—(1) Nothing in this Act shall be deemed to
impose any environmental, occupational, safety, and other
rule, regulation, standard, or permit process which is dif-
ferent from those applicable on the date of the enactment
of this Act, or which would be applicable, had the District
not been established.
(2) The establishment of the District shall not impose
any change in Federal environmental quality standards.
No portion of the District which is subject to the Clean
Air Act may be designated as class 1 for purposes of such
part C solely by reason of the establishment of the Dis-
trict.
(3) No State or Federal agency shall impose more
restrictive water use designations or water quality stand-
ards upon uses of, or discharges to, waters of the State
or waters of the United States, within or adjacent to the
District solely by reason of the establishment of the Dis-
trict.
(4) Nothing in the establishment of the District shall
abridge, restrict, or alter any applicable rule, regulation,
standard, or review procedure for permitting of facilities
within or adjacent to the District.
(5) Nothing in the establishment of the District shall
affect the continuing use and operation, as presently lo-
cated, of all public utilities and common carriers.
(6) Actions taken under this Act to achieve the pur-
poses described in section 2(b) shall emphasize voluntary
cooperation.
(b) RESTRICTIONS
ON
COMMISSION
AND
SEC-
RETARY.—Nothing in this Act shall be construed to vest
in the Commission or the Secretary any authority—
(1) to require the State, any affected political
subdivision of the State, or any private person to
participate in any project or program carried out by
the Commission or the Secretary under this Act;
(2) to intervene as a party in any administra-
tive or judicial proceeding concerning the application
or enforcement of any regulatory authority of the
State or any affected political subdivision of the
State, including any authority relating to land use