IIB
106TH CONGRESS
1ST SESSION
H. R. 940
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 14, 1999
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To designate the Lackawanna Valley National Heritage Area,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 940 RFS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lackawanna Valley
National Heritage Area Act of 1999’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The industrial and cultural heritage of
northeastern Pennsylvania inclusive of Lackawanna,
Luzerne, Wayne, and Susquehanna counties, related
directly to anthracite and anthracite-related indus-
tries, is nationally significant, as documented in the
United States Department of the Interior-National
Parks Service, National Register of Historic Places,
Multiple Property Documentation submittal of the
Pennsylvania Historic and Museum Commission
(1996).
(2) These industries include anthracite mining,
ironmaking, textiles, and rail transportation.
(3) The industrial and cultural heritage of the
anthracite and related industries in this region in-
cludes the social history and living cultural tradi-
tions of the people of the region.
(4) The labor movement of the region played a
significant role in the development of the Nation in-
cluding the formation of many key unions such as
the United Mine Workers of America, and crucial
HR 940 RFS
struggles to improve wages and working conditions,
such as the 1900 and 1902 anthracite strikes.
(5) The Department of the Interior is respon-
sible for protecting the Nation’s cultural and historic
resources, and there are significant examples of
these resources within this 4-county region to merit
the involvement of the Federal Government to de-
velop programs and projects, in cooperation with the
Lackawanna Heritage Valley Authority, the Com-
monwealth of Pennsylvania, and other local and gov-
ernmental bodies, to adequately conserve, protect,
and interpret this heritage for future generations,
while providing opportunities for education and revi-
talization.
(6) The Lackawanna Heritage Valley Authority
would be an appropriate management entity for a
Heritage Area established in the region.
(b) PURPOSE.—The objectives of the Lackawanna
Valley National Heritage Area are as follows:
(1) To foster a close working relationship with
all levels of government, the private sector, and the
local communities in the anthracite coal region of
northeastern Pennsylvania and empower the commu-
nities to conserve their heritage while continuing to
pursue economic opportunities.
HR 940 RFS
(2) To conserve, interpret, and develop the his-
torical, cultural, natural, and recreational resources
related to the industrial and cultural heritage of the
4-county region of northeastern Pennsylvania.
SEC. 3. LACKAWANNA VALLEY NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is hereby established
the Lackawanna Valley National Heritage Area (in this
Act referred to as the ‘‘Heritage Area’’).
(b) BOUNDARIES.—The Heritage Area shall be com-
prised of all or parts of the counties of Lackawanna,
Luzerne, Wayne, and Susquehanna in Pennsylvania, de-
termined pursuant to the compact under section 4.
(c) MANAGEMENT ENTITY.—The management entity
for the Heritage Area shall be the Lackawanna Heritage
Valley Authority.
SEC. 4. COMPACT.
To carry out the purposes of this Act, the Secretary
of the Interior (in this Act referred to as 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 each of
the following:
(1) A delineation of the boundaries of the Her-
itage Area.
HR 940 RFS
(2) A discussion of the goals and objectives of
the Heritage Area, including an explanation of the
proposed approach to conservation and interpreta-
tion and a general outline of the protection measures
committed to by the partners.
SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT EN-
TITY.
(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—
The management entity may, for purposes of preparing
and implementing the management plan developed under
subsection (b), use funds made available through this Act
for the following:
(1) To make grants to, and enter into coopera-
tive agreements with States and their political sub-
divisions, private organizations, or any person.
(2) To hire and compensate staff.
(3) To enter into contracts for goods and serv-
ices.
(b) MANAGEMENT PLAN.—The management entity
shall develop a management plan for the Heritage Area
that presents recommendations for the Heritage Area’s
conservation, funding, management, and development.
Such plan shall take into consideration existing State,
county, and local plans and involve residents, public agen-
cies, and private organizations working in the Heritage
HR 940 RFS
Area. It shall include recommendations for actions to be
undertaken by units of government and private organiza-
tions to protect the resources of the Heritage Area. It shall
specify the existing and potential sources of funding to
protect, manage, and develop the Heritage Area. Such
plan shall include, as appropriate, the following:
(1) An inventory of the resources contained 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 preserved,
restored, managed, developed, or maintained because
of its natural, cultural, historic, recreational, or sce-
nic significance.
(2) A recommendation of policies for resource
management which considers and details application
of appropriate land and water management tech-
niques, including, but not limited to, the develop-
ment of intergovernmental cooperative agreements to
protect the Heritage Area’s historical, cultural, rec-
reational, and natural resources in a manner con-
sistent with supporting appropriate and compatible
economic viability.
(3) A program for implementation of the man-
agement plan by the management entity, including
plans for restoration and construction, and specific
HR 940 RFS
commitments of the identified partners for the first
5 years of operation.
(4) An analysis of ways in which local, State,
and Federal programs may best be coordinated to
promote the purposes of this Act.
(5) An interpretation plan for the Heritage
Area.
The management entity shall submit the management
plan to the Secretary for approval within 3 years after
the date of enactment of this Act. If a management plan
is not submitted to the Secretary as required within the
specified time, the Heritage Area shall no longer qualify
for Federal funding.
(c) DUTIES OF MANAGEMENT ENTITY.—The man-
agement entity shall—
(1) give priority to implementing actions set
forth in the compact and management plan, includ-
ing steps to assist units of government, regional
planning organizations, and nonprofit organizations
in preserving the Heritage Area;
(2) assist units of government, regional plan-
ning organizations, and nonprofit organizations in
establishing and maintaining interpretive exhibits in
the Heritage Area; assist units of government, re-
gional planning organizations, and nonprofit organi-
HR 940 RFS
zations in developing recreational resources in the
Heritage Area;
(3) assist units of government, regional plan-
ning organizations, and nonprofit organizations in
increasing public awareness of and appreciation for
the natural, historical, and architectural resources
and sites in the Heritage Area; assist units of gov-
ernment, regional planning organizations and non-
profit organizations in the restoration of any historic
building relating to the themes of the Heritage Area;
(4) encourage economic viability in the Heritage
Area consistent with the goals of the plan; encourage
local governments to adopt land use policies con-
sistent with the management of the Heritage Area
and the goals of the plan;
(5) assist units of government, regional plan-
ning organizations, and nonprofit organizations to
ensure that clear, consistent, and environmentally
appropriate signs identifying access points and sites
of interest are put in place throughout the Heritage
Area;
(6) consider the interests of diverse govern-
mental, business, and nonprofit groups within the
Heritage Area;
HR 940 RFS
(7) conduct public meetings at least quarterly
regarding the implementation of the management
plan; and
(8) for any year in which Federal funds have
been received under this Act, make available for
audit all records pertaining to the expenditure of
such funds and any matching funds, and require, for
all agreements authorizing expenditure of Federal
funds by other organizations, that the receiving or-
ganizations make available for audit all records per-
taining to the expenditure of such funds.
(d) PROHIBITION ON THE ACQUISITION OF REAL
PROPERTY.—The management entity may not use Fed-
eral funds received under this Act to acquire real property
or an interest in real property. Nothing in this Act shall
preclude any management entity from using Federal funds
from other sources for their permitted purposes.
(e) SPENDING FOR NON-FEDERALLY OWNED PROP-
ERTY.—The management entity may spend Federal funds
directly on non-federally owned property to further the
purposes of this Act, especially in assisting units of gov-
ernment in appropriate treatment of districts, sites, build-
ings, structures, and objects listed or eligible for listing
on the National Register of Historic Places.
HR 940 RFS
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—The
Secretary may, upon request of the management entity,
provide technical and financial assistance to the manage-
ment entity to develop and implement the management
plan. In assisting the management entity, the Secretary
shall give priority to actions that in general assist in—
(1) conserving the significant natural, historic,
and cultural resources which support its themes; and
(2) providing educational, interpretive, and rec-
reational opportunities consistent with its resources
and associated values.
(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 Act not later than 90 days
after receiving such management plan.
(c) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves a submitted management plan, the Sec-
retary shall advise the management entity in writing of
the reasons therefore and shall make recommendations for
revisions in the plan. The Secretary shall approve or dis-
approve a proposed revision within 90 days after the date
it is submitted.
(d) APPROVING AMENDMENTS.—The Secretary shall
review substantial amendments to the management plan
HR 940 RFS
for the Heritage Area. Funds appropriated pursuant to
this Act may not be expended to implement the changes
made by such amendments until the Secretary approves
the amendments.
SEC. 7. ADDITIONAL ANTHRACITE COAL REGION DESIGNA-
TION.
(a) DESIGNATION.—Upon publication by the Sec-
retary in the Federal Register of notice that the Secretary
has signed a compact (as provided for in subsection (b))
there is hereby designated the Schuylkill River National
Heritage Area.
(b) COMPACT.—The compact submitted under this
section with respect to the Schuylkill River National Her-
itage Area shall consist of an agreement between the Sec-
retary and the Schuylkill River Greenway Association
(who shall serve as the management entity for the area).
Such agreement shall define the area (including a delinea-
tion of the boundaries), describe anticipated programs for
the area, and include information relating to the objectives
and management of the area. Such information shall in-
clude, but not be limited to, an explanation of the pro-
posed approach to the conservation and interpretation of
the area and a general outline of the protection measures
committed to by the partners.
HR 940 RFS
(c) AUTHORITIES AND DUTIES.—The authorities and
duties of the management entity and other Federal agen-
cies for the Schuylkill River National Heritage Area shall
be the same as provided for by sections 5 and 6 of this
Act, except that for such purposes any reference in such
sections to the ‘‘Heritage Area’’ shall be deemed to be a
reference to the Schuylkill River National Heritage Area
and any reference to the ‘‘management entity’’ shall be
deemed a reference to the Schuylkill River Greenway Asso-
ciation.
SEC. 8. CULTURE AND HERITAGE OF ANTHRACITE COAL
REGION.
All authorized existing and future heritage area man-
agement entities in the Anthracite Coal Region in Penn-
sylvania are authorized and directed to coordinate with
one another in the management of such areas. Each such
management entity is authorized to use funds appro-
priated for such heritage areas for the purposes of this
section.
SEC. 9. SUNSET.
The Secretary may not make any grant or provide
any assistance under this Act after September 30, 2012.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this Act not more than $1,000,000 for any
HR 940 RFS
fiscal year for each heritage area designated by this Act.
Not more than a total of $10,000,000 may be appro-
priated for each heritage area under this Act.
(b) 50 PERCENT MATCH.—Federal funding provided
under this Act, after the designation of each heritage area,
may not exceed 50 percent of the total cost of any assist-
ance or grant provided or authorized under this Act.
Passed the House of Representatives September 13,
1999.
Attest:
JEFF TRANDAHL,
Clerk.