I
104TH CONGRESS
1ST SESSION
H. R. 2186
To establish the Ohio & Erie Canal Corridor National Heritage Corridor
in the State of Ohio.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1995
Mr. REGULA (for himself, Mr. SAWYER, Mr. STOKES, Mr. HALL of Ohio, Mr.
OXLEY, Mr. HOBSON, Mr. LATOURETTE, Mr. BROWN of Ohio, Mr.
BOEHNER, Ms. PRYCE, Ms. KAPTUR, Mr. HOKE, Mr. NEY, Mr.
CREMEANS, Mr. KASICH, Mr. GILLMOR, and Mr. TRAFICANT) introduced
the following bill; which was referred to the Committee on Resources
A BILL
To establish the Ohio & Erie Canal Corridor National
Heritage Corridor in the State of Ohio.
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 ‘‘Ohio & Erie Canal
National Heritage Corridor Act of 1995’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) The Ohio & Erie Canal, which opened for
commercial navigation in 1832, was the first inland
waterway to connect the Great Lakes at Lake Erie
with the Gulf of Mexico via the Ohio and Mississippi
Rivers and a part of a canal network in Ohio that
was one of America’s most extensive and successful
systems during a period in history when canals were
essential to the Nation’s growth.
(2) The Ohio & Erie Canal spurred economic
growth in the State of Ohio that took the State from
near bankruptcy to the third most economically
prosperous State in the Union in just 20 years.
(3) A 4-mile section of the Ohio & Erie Canal
was designated a National Historic Landmark in
1966 and other portions of the Ohio & Erie Canal
and many associated structures were placed on the
National Register of Historic Places.
(4) In 1974, 19 miles of the Ohio & Erie Canal
were declared nationally significant under National
Park Service new area criteria with the designation
of Cuyahoga Valley National Recreation Area.
(5) The National Park Service found the Ohio
& Erie Canal nationally significant in a 1975 study
entitled ‘‘Suitability/Feasibility Study, Proposed
Ohio & Erie Canal’’.
(6) A 1993 Special Resources Study of the
Ohio & Erie Canal Corridor conducted by the Na-
tional Park Service entitled ‘‘A Route to Prosperity’’
has concluded that the corridor is eligible as a Na-
tional Heritage Corridor.
(7) Local governments, the State of Ohio and
private sector interests have embraced the heritage
corridor concept and desire to enter into partnership
with the Federal Government to preserve, protect,
and develop the corridor for public benefit.
(b) PURPOSES.—The purposes of this Act are—
(1) to preserve and interpret for the educational
and inspirational benefit of present and future gen-
erations the unique and significant contributions to
our national heritage of certain historic and cultural
lands, waterways, and structures within the 87-mile
Ohio & Erie Canal Corridor between Cleveland and
Zoar;
(2) to encourage within the corridor a broad
range of economic opportunities enhancing the qual-
ity of life for present and future generations;
(3) to provide a management framework to as-
sist the State of Ohio, its political subdivisions, and
nonprofit organizations, or combinations thereof, in
preparing and implementing an integrated Corridor
Management Plan and in developing policies and
programs that will preserve, enhance, and interpret
the cultural, historical, natural, recreation, and sce-
nic resources of the corridor; and
(4) to authorize the Secretary to provide finan-
cial and technical assistance to the State of Ohio, its
political subdivisions, and nonprofit organizations, or
combinations thereof, in preparing and implementing
a Corridor Management Plan.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) The term ‘‘corridor’’ means the Ohio & Erie
Canal National Heritage Corridor established by sec-
tion 4.
(2) The term ‘‘Advisory Commission’’ means
the Ohio & Erie Canal National Heritage Corridor
Advisory Commission established by section 5.
(3) The term ‘‘Corridor Management Plan’’
means the management plan developed under section
9.
(4) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) The term ‘‘technical assistance’’ means any
guidance, advice, help, or aid, other than financial
assistance, provided by the Secretary of the Interior.
(6) The term ‘‘financial assistance’’ means
funds appropriated by Congress and made available
to the management entity for the purposes of pre-
paring and implementing a Corridor Management
Plan.
(7) The term ‘‘management entity’’ means the
State of Ohio, its political subdivisions, and private
nonprofit organizations, or combination thereof, as
designated by the Secretary pursuant to section 7(a)
to receive, distribute, and account for Federal funds
appropriated for the purposes of this Act.
SEC. 4. OHIO & ERIE CANAL NATIONAL HERITAGE COR-
RIDOR.
(a) ESTABLISHMENT.—There is established in the
State of Ohio the Ohio & Erie Canal National Heritage
Corridor.
(b) BOUNDARIES.—
(1) IN GENERAL.—The boundaries of the cor-
ridor shall be composed of the lands that area gen-
erally the route of the Ohio & Erie Canal from
Cleveland to Zoar, Ohio, as depicted in the 1993
National Park Service Special Resources Study, ‘‘A
Route to Prosperity’’, subject to paragraph (2). The
specific boundaries shall be those specified in the
management plan submitted under section 9. The
Secretary shall prepare a map of the area which
shall be on file and available for public inspection in
the office of the Director of the National Park Serv-
ice.
(2) CONSENT OF LOCAL GOVERNMENTS.—No
privately owned property shall be included within the
boundaries of the corridor unless the municipality in
which the property is located agrees to be so in-
cluded and submits notification of such agreement to
the Secretary.
(c) ADMINISTRATION.—The corridor shall be admin-
istered in accordance with the provisions of this Act.
SEC. 5. THE OHIO & ERIE CANAL NATIONAL HERITAGE
CORRIDOR ADVISORY COMMISSION.
(a) ESTABLISHMENT.—The Secretary is authorized
to establish the Ohio & Erie Canal National Heritage Cor-
ridor Advisory Commission (hereafter known as the Advi-
sory Commission) whose purpose shall be to assist Fed-
eral, State, and local authorities and the private sector in
the preparation and implementation of an integrated Cor-
ridor Management Plan.
(b) MEMBERSHIP.—The Advisory Commission shall
be comprised of 21 members, as follows:
(1) Four individuals appointed by the Secretary
after consideration of recommendations submitted by
the Greater Cleveland Growth Association, the
Akron Regional Development Board, the Stark De-
velopment Board, and the Tuscarawas County
Chamber of Commerce who shall include one rep-
resentative of business and industry from each of
the Ohio counties of Cuyahoga, Summit, Stark, and
Tuscarawas.
(2) One individual appointed by the Secretary
after consideration of recommendations submitted by
the Director of the Ohio Department of Travel and
Tourism who is a director of a convention and tour-
ism bureau within the corridor.
(3) One individual appointed by the Secretary
after consideration of recommendations submitted by
the Ohio Historic Preservation Officer with knowl-
edge and experience in the field of historic preserva-
tion.
(4) One individual appointed by the Secretary
after consideration of recommendations submitted by
the Director of the National Park Service with
knowledge and experience in the field of historic
preservation.
(5) Three individuals appointed by the Sec-
retary after consideration of recommendations sub-
mitted by the county or metropolitan park boards in
the Ohio counties of Cuyahoga, Summit, and Stark.
(6) Eight individuals appointed by the Sec-
retary after consideration of recommendations sub-
mitted by the county commissioners or county chief
executive of the Ohio counties of Cuyahoga, Summit,
Stark and Tuscarawas, including—
(A) from each county, one representative
of the planning offices of the county; and
(B) from each county, one representative
of a municipality in the county.
(7) Two individuals appointed by the Secretary
after consideration of recommendations submitted by
the Governor of Ohio, who shall be representatives
of the Directors of the Ohio Department of Natural
Resources and the Ohio Department of Transpor-
tation.
(8) The Superintendent of the Cuyahoga Valley
National Recreation Area, ex officio.
(c) APPOINTMENTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), members of the Advisory Commission
shall be appointed for terms of three years and may
be reappointed.
(2) INITIAL
APPOINTMENTS.—The Secretary
shall appoint the initial members of the Advisory
Commission within 30 days after the date on which
the Secretary has received all recommendations pur-
suant to subsection (b). Of the members first ap-
pointed—
(A) the members appointed pursuant to
subsection (b)(6)(B) shall be appointed to a
term of two years and may not be reappointed
to a consecutive term; and
(B) the member appointed pursuant to
subsection (b)(2) shall be appointed to a term
of two years and may not be reappointed to a
consecutive term.
(d) CHAIR AND VICE CHAIR.—The chair and vice
chair of the Advisory Commission shall be elected by the
members of the Advisory Commission. The terms of the
chair and vice chair shall be two years.
(e) VACANCY.—A vacancy in the Advisory Commis-
sion shall be filled in the manner in which the original
appointment was made. Any member appointed to fill a
vacancy occurring before the expiration of the term for
which their predecessor was appointed shall be appointed
only for the remainder of such term. Any member of the
Advisory Commission appointed for a definite term may
serve after the expiration of their term until their succes-
sor has taken office.
(f) COMPENSATION
AND EXPENSES.—Members of
the Advisory Commission shall serve without compensa-
tion for their service on the Advisory Commission.
(g) QUORUM.—Eleven members of the Advisory Com-
mission shall constitute a quorum.
(h) MEETINGS.—The Advisory Commission shall
meet at least quarterly at the call of the chairperson or
11 of its members. Meetings of the Advisory Commission
shall be subject to section 552b of title 5, United States
Code (relating to open meetings).
(i) TERMINATION OF THE ADVISORY COMMISSION.—
The Advisory Commission shall terminate on the date oc-
curring six years after being established by the Secretary.
SEC. 6. POWERS OF THE ADVISORY COMMISSION.
(a) HEARINGS.—The Advisory 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 Advisory Commission
considers appropriate. The Advisory Commission may not
issue subpoenas or exercise any subpoena authority.
(b) BYLAWS.—The Advisory Commission may make
such bylaws and rules, consistent with this Act, as it con-
siders necessary to carry out its functions under this Act.
(c) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Advisory Commission, if so authorized
by the Advisory Commission, may take any action which
the Advisory Commission is authorized to take by this Act.
SEC. 7. DUTIES OF THE ADVISORY COMMISSION.
(a) MANAGEMENT ENTITY.—Upon public solicitation
of proposals from entities representing the State of Ohio,
its political subdivisions, and nonprofit organizations, or
combination thereof, the Advisory Commission shall, with-
in 90 days of its first meeting, submit a recommendation
to the Secretary for designation of a management entity
for the corridor pursuant to section 8.
(b) CORRIDOR MANAGEMENT PLAN.—Upon submis-
sion of a draft Corridor Management Plan to the Advisory
Commission from the management entity, the Advisory
Commission shall, within 60 days, review such plan for
consistency with the purposes of this Act and endorse the
plan or return it to the management entity for revision.
Upon endorsement of the Corridor Management Plan, the
Advisory Commission shall submit such plan to the Sec-
retary for approval pursuant to section 9.
(c) REVIEW OF BUDGET.—The Advisory Commission
shall review on an annual basis the proposed expenditures
of Federal funds by the management entity for consistency
with the purpose of this Act and the Corridor Management
Plan.
SEC. 8. MANAGEMENT ENTITY.
(a) DESIGNATION.—The Secretary shall designate
the management entity within 30 days after the date on
which the recommendation of the Advisory Commission is
received pursuant to section 7(a).
(b) ELIGIBILITY.—To be eligible for designation as
the management entity of the corridor that entity must
possess the legal ability to—
(1) receive Federal funds for use in preparing
and implementing the management plan for the cor-
ridor;
(2) disburse Federal funds to other units of
government or other organizations for use in prepar-
ing and implementing the management plan for the
corridor;
(3) account for all Federal funds received or
disbursed; and
(4) sign agreements with the Federal Govern-
ment.
(c) FEDERAL FUNDING.—
(1) AUTHORIZATION TO RECEIVE.—The man-
agement entity is authorized to receive appropriated
Federal funds.
(2) DISQUALIFICATION.—If a management plan
for the corridor is not submitted to the Secretary as
required under section 9 within the time specified
the management entity shall cease to be eligible for
Federal funding under this Act until such a plan re-
garding the corridor is submitted to the Secretary.
(d) AUTHORITIES OF MANAGEMENT ENTITY.—The
management entity of the corridor may, for purposes of
preparing and implementing the management plan for the
area, use Federal funds made available under this Act—
(1) to make grants and loans to the State of
Ohio, its political subdivisions nonprofit organiza-
tions, and other persons;
(2) to enter into cooperative agreements with,
or provide technical assistance to Federal agencies,
the State of Ohio, its political subdivisions, nonprofit
organizations and other persons;
(3) to hire and compensate staff;
(4) 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; and
(5) to contract for goods and services.
(e) DURATION OF ELIGIBILITY FOR FINANCIAL AS-
SISTANCE.—The management entity for the corridor shall
be eligible to receive funds appropriated under this Act
for:
(1) OPERATIONS.—For a period of three years
beginning on the date the Secretary has designated
the management entity pursuant to subsection (c).
(2) DEVELOPMENT.—For a period of six years
beginning on the date the Secretary has designated
the management entity pursuant to subsection (c).
(f) PROHIBITION OF ACQUISITION OF REAL PROP-
ERTY.—The management entity for the corridor may not
use Federal funds received under this Act to acquire real
property or any interest in real property.
SEC. 9. DUTIES OF THE MANAGEMENT ENTITY.
(a) CORRIDOR MANAGEMENT PLAN.—
(1) SUBMISSION
FOR
REVIEW
BY
ADVISORY
COMMISSION.—Within 18 months after the date on
which the Secretary has designated a management
entity for the corridor, the management entity shall
develop and submit for review to the Advisory Com-
mission a management plan for the corridor.
(2) PLAN
REQUIREMENTS.—A management
plan submitted under this Act shall present com-
prehensive recommendations for the conservation,
funding, management, and development of the cor-
ridor. The plan shall be prepared with public partici-
pation. The plan shall take into consideration exist-
ing Federal, State, county, and local plans and in-
volve residents, public agencies, and private organi-
zations in the corridor. The plan shall include a de-
scription of actions that units of government and
private organizations are recommended to take to
protect the resources of the corridor. The plan shall
specify existing and potential sources of funding for
the conservation, management, and development of
the area. The plan also shall include the following,
as appropriate:
(A) An inventory of the resources con-
tained in the corridor, including a list of prop-
erty in the corridor that should be conserved,
restored, managed, developed, or maintained be-
cause of the natural, cultural, or historic sig-
nificance of the property as it relates to the
themes of the corridor.
(B) A recommendation of policies for re-
source management that consider and detail the
application of appropriate land and water man-
agement techniques, including (but not limited
to) the development of intergovernmental coop-
erative agreements to manage the historical,
cultural, and natural resources and recreational
opportunities of the corridor in a manner con-
sistent with the support of appropriate and
compatible economic viability.
(C) A program, including plans for res-
toration and construction, for implementation
of the management plan by the management
entity and specific commitments, for the first
six years of operation of the plan by the part-
ners identified in said plan.
(D) An analysis of means by which Fed-
eral, State, and local programs may best be co-
ordinated to promote the purposes of this Act.
(E) An interpretive plan for the corridor.
(2) APPROVAL AND DISAPPROVAL OF THE COR-
RIDOR MANAGEMENT PLAN.—
(A) IN GENERAL.—Upon submission of the
Corridor Management Plan from the Advisory
Commission, the Secretary shall approve or dis-
approve said plan not later than 60 days upon
receipt. If the Secretary has taken no action
after 60 days upon receipt, the plan shall be
considered approved.
(B) DISAPPROVAL AND REVISIONS.—If the
Secretary disapproves the Corridor Manage-
ment Plan, the Secretary shall advise the Advi-
sory Commission, in writing, of the reasons for
the disapproval and shall make recommenda-
tions for revision of the plan. The Secretary
shall approve or disapprove proposed revisions
to the plan not later than 60 days upon receipt.
If the Secretary has taken no action after 60
days upon receipt, the plan shall be considered
approved.
(b) PRIORITIES.—The management entity shall give
priority to the implementation of actions, goals, and poli-
cies set forth in the management plan for the corridor,
including—
(1) assisting units of government, regional plan-
ning organizations, and nonprofit organizations—
(A) in conserving the corridor;
(B) in establishing and maintaining inter-
pretive exhibits in the corridor;
(C) in developing recreational opportunities
in the area;
(D) in increasing public awareness of and
appreciation for the natural, historical, and cul-
tural resources of the corridor;
(E) in the restoration of historic buildings
that are located within the boundaries of the
corridor and relate to the themes of the cor-
ridor; and
(F) in ensuring that clear, consistent, and
environmentally appropriate signs identifying
access points and sites of interest are put in
place throughout the corridor; and
(2) consistent with the goals of the manage-
ment plan, encouraging economic viability in the af-
fected communities by appropriate means.
(c) CONSIDERATION
OF
INTERESTS
OF
LOCAL
GROUPS.—The management entity shall, in preparing and
implementing the management plan for the corridor, con-
sider the interest of diverse units of government, busi-
nesses, private property owners, and nonprofit groups
within the geographic area.
(d) PUBLIC MEETINGS.—The management entity
shall conduct public meetings at least quarterly regarding
the implementation of the Corridor Management Plan.
(e) ANNUAL REPORTS.—The management entity
shall, for any fiscal year in which it receives Federal funds
under this Act or in which a loan made by the entity with
Federal funds under section 8(d)(1) is outstanding, sub-
mit an annual report to the Secretary setting forth its ac-
complishments, its expenses and income, and the entities
to which it made any loans and grants during the year
for which the report is made.
(f) COOPERATION WITH AUDITS.—The management
entity shall, for any fiscal year in which it receives Federal
funds under this Act or in which a loan made by the entity
with Federal funds under section 8(d)(1) is outstanding,
make available for audit by the Congress, the Secretary,
and appropriate units of government all records and other
information pertaining to the expenditure of such funds
and any matching funds, and require, for all agreements
authorizing expenditure of Federal funds by other organi-
zations, that the receiving organizations make available
for such audit all records and other information pertaining
to the expenditure of such funds.
SEC. 10. WITHDRAWAL OF DESIGNATION.
(a) IN GENERAL.—The National Heritage Corridor
designation shall continue unless—
(1) the Secretary determines that—
(A) the use, condition, or development of
the corridor is incompatible with the purpose of
this Act; or
(B) the management entity of the corridor
has not made reasonable and appropriate
progress in preparing or implementing the man-
agement plan for the corridor; and
(2) after making a determination referred to in
paragraph (1), the Secretary submits to the Con-
gress notification that the corridor designation
should be withdrawn.
(b) PUBLIC HEARING.—Before the Secretary makes
a determination referred to in subsection (a)(1) regarding
the corridor, the Secretary or a designee shall hold a pub-
lic hearing within the area.
(c) TIME OF WITHDRAWAL OF DESIGNATION.—
(1) IN GENERAL.—The withdrawal of the cor-
ridor designation of the corridor shall become final
90 legislative days after the Secretary submits to the
Congress the notification referred to in subsection
(a)(2) regarding the corridor.
(2) LEGISLATIVE DAY.—For purposes of this
subsection, the term ‘‘legislative day’’ means any
calendar day on which both Houses of the Congress
are in session.
SEC. 11. DUTIES AND AUTHORITIES OF FEDERAL AGEN-
CIES.
(a) DUTIES
AND
AUTHORITIES
OF
THE
SEC-
RETARY.—
(1) TECHNICAL ASSISTANCE.—
(A) IN
GENERAL.—The Secretary may
provide technical assistance to units of govern-
ment, nonprofit organizations, and other per-
sons, upon request of the management entity of
the corridor, regarding the management plan
and its implementation.
(B) PROHIBITION OF CERTAIN REQUIRE-
MENTS.—The Secretary may not, as a condition
of the award of technical assistance under this
section, require any recipient of such technical
assistance to enact or modify land use restric-
tions.
(C) DETERMINATIONS REGARDING ASSIST-
ANCE.—The Secretary shall decide if the cor-
ridor shall be awarded technical assistance and
the amount of that assistance. Such decisions
shall be based on the relative degree to which
the corridor effectively fulfills the objectives
contained in the Corridor Management Plan
and achieves the purposes of this Act. Such de-
cisions shall give consideration to projects which
provide a greater leverage of Federal funds.
(2) PROVISION OF INFORMATION.—In coopera-
tion with other Federal agencies, the Secretary shall
provide the general public with information regard-
ing the location and character of the corridor.
(3) OTHER
ASSISTANCE.—Upon request, the
Superintendent of Cuyahoga Valley National Recre-
ation Area may provide to public and private organi-
zations within the corridor (including the manage-
ment entity for the corridor) such operational assist-
ance as appropriate to support the implementation
of the Corridor Management Plan, subject to the
availability of appropriated funds. The Secretary is
authorized to enter into cooperative agreements with
public and private organizations for the purposes of
implementing this paragraph.
(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any
Federal entity conducting any activity directly affecting
the corridor shall consider the potential effect of the activ-
ity on the Corridor Management Plan and shall consult
with the management entity of the corridor with respect
to the activity to minimize the adverse effects of the activ-
ity on the corridor.
SEC. 12. LACK OF EFFECT ON LAND USE REGULATION AND
PRIVATE PROPERTY.
(a) LACK OF EFFECT ON AUTHORITY OF GOVERN-
MENTS.—Nothing in this Act shall be construed to modify,
enlarge, or diminish any authority of Federal, State, or
local governments to regulate any use of land as provided
for by law or regulation.
(b) LACK OF ZONING OR LAND USE POWERS.—
Nothing in this Act shall be construed to grant powers
of zoning or land use control to the Advisory Commission
or management entity of the corridor.
(c) LOCAL AUTHORITY
AND PRIVATE PROPERTY
NOT AFFECTED.—Nothing in this Act shall be construed
to affect or to authorize the Advisory Commission to inter-
fere with—
(1) the rights of any person with respect to pri-
vate property; or
(2) any local zoning ordinance or land use plan
of the State of Ohio or a political subdivision there-
of.
SEC. 13. FISHING, TRAPPING, AND HUNTING SAVINGS
CLAUSE.
(a) NO DIMINISHMENT OF STATE AUTHORITY.—The
designation of the corridor shall not diminish the authority
of the State to manage fish and wildlife, including the reg-
ulation of fishing and hunting, and trapping within the
corridor.
(b) NO CONDITIONING OF APPROVAL AND ASSIST-
ANCE.—The Secretary may not make limitations on fish-
ing, hunting, or trapping a condition of the determination
of eligibility for assistance under this Act, and neither the
Secretary nor any other Federal agency may make such
limitations a condition for the receipt, in connection with
the corridor, of any other form of assistance from the Sec-
retary or such agencies.
SEC. 14. COST SHARE.
(a) OPERATING COSTS.—The Federal contribution
under this Act to the management entity for operations
expenditures shall not exceed 50 percent of the annual op-
erating costs of the entity attributed to preparation and
implementation of the Corridor Management Plan. The
non-Federal share of such support may be in the form of
cash, services, or in-kind contributions, fairly valued.
(b) DEVELOPMENT COSTS.—The Federal contribu-
tion under this Act to the management entity to imple-
ment the Corridor Management Plan shall not exceed 30
percent of the annual development costs attributable to
the implementation of the Corridor Management Plan.
The non-Federal share of such support may be in the form
of cash, services, or in-kind contributions, fairly valued.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to the management entity the following:
(1) OPERATING COSTS.—$250,000 annually for
three years, for the operating costs of the manage-
ment entity to carry out duties pursuant to section
9 of this Act, which amount shall remain available
until expended.