H. R. 940
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To designate the Lackawanna Valley and the Schuylkill River National Heritage
Areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I—LACKAWANNA VALLEY
NATIONAL HERITAGE AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Lackawanna Valley National
Heritage Area Act of 2000’’.
SEC. 102. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the industrial and cultural heritage of northeastern
Pennsylvania, including Lackawanna County, Luzerne County,
Wayne County, and Susquehanna County, related directly to
anthracite and anthracite-related industries, is nationally
significant;
(2) the industries referred to in paragraph (1) include
anthracite mining, ironmaking, textiles, and rail transportation;
(3) the industrial and cultural heritage of the anthracite
and anthracite-related industries in the region described in
paragraph (1) includes the social history and living cultural
traditions of the people of the region;
(4) the labor movement of the region played a significant
role in the development of the Nation, including—
(A) the formation of many major unions such as the
United Mine Workers of America; and
(B) crucial struggles to improve wages and working
conditions, such as the 1900 and 1902 anthracite strikes;
(5)(A) the Secretary of the Interior is responsible for pro-
tecting the historical and cultural resources of the United
States; and
(B) there are significant examples of those resources within
the region described in paragraph (1) that merit the involve-
ment of the Federal Government to develop, in cooperation
with the Lackawanna Heritage Valley Authority, the Common-
wealth of Pennsylvania, and local and governmental entities,
programs and projects to conserve, protect, and interpret this
heritage adequately for future generations, while providing
opportunities for education and revitalization; and
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(6) the Lackawanna Heritage Valley Authority would be
an appropriate management entity for a Heritage Area estab-
lished in the region described in paragraph (1).
(b) PURPOSES.—The purposes of the Lackawanna Valley
National Heritage Area are—
(1) to foster a close working relationship among all levels
of government, the private sector, and the local communities
in the anthracite coal region of northeastern Pennsylvania and
enable the communities to conserve their heritage while con-
tinuing to pursue economic opportunities; and
(2) to conserve, interpret, and develop the historical, cul-
tural, natural, and recreational resources related to the indus-
trial and cultural heritage of the 4-county region described
in subsection (a)(1).
SEC. 103. DEFINITIONS.
In this title:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Lackawanna Valley National Heritage Area established by sec-
tion 104.
(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’
means the management entity for the Heritage Area specified
in section 104(c).
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area developed
under section 106(b).
(4) PARTNER.—The term ‘‘partner’’ means—
(A) a Federal, State, or local governmental entity; and
(B) an organization, private industry, or individual
involved in promoting the conservation and preservation
of the cultural and natural resources of the Heritage Area.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 104. LACKAWANNA VALLEY NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established the Lackawanna
Valley National Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall be comprised of
all or parts of Lackawanna County, Luzerne County, Wayne County,
and Susquehanna County, Pennsylvania, determined in accordance
with the compact under section 105.
(c) MANAGEMENT ENTITY.—The management entity for the
Heritage Area shall be the Lackawanna Heritage Valley Authority.
SEC. 105. COMPACT.
(a) IN GENERAL.—To carry out this title, the Secretary shall
enter into a compact with the management entity.
(b) CONTENTS
OF
COMPACT.—The compact shall include
information relating to the objectives and management of the area,
including—
(1) a delineation of the boundaries of the Heritage Area;
and
(2) a discussion of the goals and objectives of the Heritage
Area, including an explanation of the proposed approach to
conservation and interpretation and a general outline of the
protection measures committed to by the partners.
H. R. 940—3
SEC. 106. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) AUTHORITIES OF MANAGEMENT ENTITY.—The management
entity may, for the purposes of preparing and implementing the
management plan, use funds made available under this title to
hire and compensate staff.
(b) MANAGEMENT PLAN.—
(1) IN
GENERAL.—The management entity shall develop
a management plan for the Heritage Area that presents com-
prehensive recommendations for the conservation, funding,
management, and development of the Heritage Area.
(2) CONSIDERATION OF OTHER PLANS AND ACTIONS.—The
management plan shall—
(A) take into consideration State, county, and local
plans;
(B) involve residents, public agencies, and private
organizations working in the Heritage Area; and
(C) include actions to be undertaken by units of govern-
ment and private organizations to protect the resources
of the Heritage Area.
(3) SPECIFICATION OF FUNDING SOURCES.—The management
plan shall specify the existing and potential sources of funding
available to protect, manage, and develop the Heritage Area.
(4) OTHER REQUIRED ELEMENTS.—The management plan
shall include the following:
(A) 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 purposes of the Herit-
age Area and that should be preserved, restored, managed,
developed, or maintained because of its historical, cultural,
natural, recreational, or scenic significance.
(B) A recommendation of policies for resource manage-
ment that considers and details application of appropriate
land and water management techniques, including the
development of intergovernmental cooperative agreements
to protect the historical, cultural, natural, and recreational
resources of the Heritage Area in a manner that is con-
sistent with the support of appropriate and compatible
economic viability.
(C) A program for implementation of the management
plan by the management entity, including—
(i) plans for restoration and construction; and
(ii) specific commitments of the partners for the
first 5 years of operation.
(D) An analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act.
(E) An interpretation plan for the Heritage Area.
(5) SUBMISSION TO SECRETARY FOR APPROVAL.—
(A) IN GENERAL.—Not later than the last day of the
3-year period beginning on the date of the enactment of
this Act, the management entity shall submit the manage-
ment plan to the Secretary for approval.
(B) EFFECT OF FAILURE TO SUBMIT.—If a management
plan is not submitted to the Secretary by the day referred
to in subparagraph (A), the Secretary shall not, after that
day, provide any grant or other assistance under this title
H. R. 940—4
with respect to the Heritage Area until a management
plan for the Heritage Area is submitted to the Secretary.
(c) DUTIES OF MANAGEMENT ENTITY.—The management entity
shall—
(1) give priority to implementing actions specified in the
compact and management plan, including steps to assist units
of government and nonprofit organizations in preserving the
Heritage Area;
(2) assist units of government and nonprofit organizations
in—
(A) establishing and maintaining interpretive exhibits
in the Heritage Area;
(B) developing recreational resources in the Heritage
Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural resources and
sites in the Heritage Area; and
(D) restoring historic buildings that relate to the pur-
poses of the Heritage Area;
(3) encourage economic viability in the Heritage Area con-
sistent with the goals of the management plan;
(4) encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and
the goals of the management plan;
(5) assist units of government and nonprofit organizations
to ensure that clear, consistent, and environmentally appro-
priate signs identifying access points and sites of interest are
placed throughout the Heritage Area;
(6) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area;
(7) conduct public meetings not less often than quarterly
concerning the implementation of the management plan;
(8) submit substantial amendments (including any increase
of more than 20 percent in the cost estimates for implementa-
tion) to the management plan to the Secretary for the Sec-
retary’s approval; and
(9) for each year in which Federal funds have been received
under this title—
(A) submit a report to the Secretary that specifies—
(i) the accomplishments of the management entity;
and
(ii) the expenses and income of the management
entity;
(B) make available to the Secretary for audit all records
relating to the expenditure of such funds and any matching
funds; and
(C) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that
the receiving organizations make available to the Secretary
for audit all records concerning the expenditure of such
funds.
(d) USE OF FEDERAL FUNDS.—
(1) FUNDS
MADE
AVAILABLE
UNDER
THIS
TITLE.—The
management entity shall not use Federal funds received under
this title to acquire real property or any interest in real prop-
erty.
H. R. 940—5
(2) FUNDS FROM OTHER SOURCES.—Nothing in this title
precludes the management entity from using Federal funds
obtained through law other than this title for any purpose
for which the funds are authorized to be used.
SEC. 107. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) PROVISION OF ASSISTANCE.—The Secretary may, at the
request of the management entity, provide technical and finan-
cial assistance to the management entity to develop and imple-
ment the management plan.
(2) PRIORITY IN ASSISTANCE.—In assisting the management
entity, the Secretary shall give priority to actions that assist
in—
(A) conserving the significant historical, cultural, and
natural resources that support the purpose of the Heritage
Area; and
(B) providing educational, interpretive, and rec-
reational opportunities consistent with the resources and
associated values of the Heritage Area.
(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLANS.—
(1) IN GENERAL.—The Secretary, in consultation with the
Governor of the Commonwealth of Pennsylvania, shall approve
or disapprove a management plan submitted under this title
not later than 90 days after receipt of the management plan.
(2) ACTION FOLLOWING DISAPPROVAL.—
(A) IN
GENERAL.—If the Secretary disapproves a
management plan, the Secretary shall advise the manage-
ment entity in writing of the reasons for the disapproval
and shall make recommendations for revisions to the
management plan.
(B) DEADLINE FOR APPROVAL OF REVISION.—The Sec-
retary shall approve or disapprove a proposed revision
within 90 days after the date on which the revision is
submitted to the Secretary.
(c) APPROVAL OF AMENDMENTS.—
(1) REVIEW.—The Secretary shall review substantial
amendments (as determined under section 106(c)(8)) to the
management plan for the Heritage Area.
(2) REQUIREMENT
OF
APPROVAL.—Funds made available
under this title shall not be expended to implement the amend-
ments described in paragraph (1) until the Secretary approves
the amendments.
SEC. 108. SUNSET PROVISION.
The Secretary shall not provide any grant or other assistance
under this title after September 30, 2012.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated to
carry out this title $10,000,000, except that not more than
$1,000,000 may be appropriated to carry out this title for any
fiscal year.
(b) 50-PERCENT MATCH.—The Federal share of the cost of activi-
ties carried out using any assistance or grant under this title
shall not exceed 50 percent.
H. R. 940—6
TITLE II—SCHUYLKILL RIVER VALLEY
NATIONAL HERITAGE AREA
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Schuylkill River Valley National
Heritage Area Act’’.
SEC. 202. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) the Schuylkill River Valley made a unique contribution
to the cultural, political, and industrial development of the
United States;
(2) the Schuylkill River is distinctive as the first spine
of modern industrial development in Pennsylvania and one
of the first in the United States;
(3) the Schuylkill River Valley played a significant role
in the struggle for nationhood;
(4) the Schuylkill River Valley developed a prosperous and
productive agricultural economy that survives today;
(5) the Schuylkill River Valley developed a charcoal iron
industry that made Pennsylvania the center of the iron industry
within the North American colonies;
(6) the Schuylkill River Valley developed into a significant
anthracite mining region that continues to thrive today;
(7) the Schuylkill River Valley developed early transpor-
tation systems, including the Schuylkill Canal and the Reading
Railroad;
(8) the Schuylkill River Valley developed a significant
industrial base, including textile mills and iron works;
(9) there is a longstanding commitment to—
(A) repairing the environmental damage to the river
and its surroundings caused by the largely unregulated
industrial activity; and
(B) completing the Schuylkill River Trail along the
128-mile corridor of the Schuylkill Valley;
(10) there is a need to provide assistance for the preserva-
tion and promotion of the significance of the Schuylkill River
as a system for transportation, agriculture, industry, commerce,
and immigration; and
(11)(A) the Department of the Interior is responsible for
protecting the Nation’s cultural and historical resources; and
(B) there are significant examples of such resources within
the Schuylkill River Valley to merit the involvement of the
Federal Government in the development of programs and
projects, in cooperation with the Schuylkill River Greenway
Association, the State of Pennsylvania, and other local and
governmental bodies, to adequately conserve, protect, and inter-
pret this heritage for future generations, while providing
opportunities for education and revitalization.
(b) PURPOSES.—The purposes of this title are—
(1) to foster a close working relationship with all levels
of government, the private sector, and the local communities
in the Schuylkill River Valley of southeastern Pennsylvania
and enable the communities to conserve their heritage while
continuing to pursue economic opportunities; and
H. R. 940—7
(2) to conserve, interpret, and develop the historical, cul-
tural, natural, and recreational resources related to the indus-
trial and cultural heritage of the Schuylkill River Valley of
southeastern Pennsylvania.
SEC. 203. DEFINITIONS.
In this title:
(1) COOPERATIVE
AGREEMENT.—The term ‘‘cooperative
agreement’’ means the cooperative agreement entered into
under section 204(d).
(2) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Schuylkill River Valley National Heritage Area established by
section 204.
(3) MANAGEMENT ENTITY.—The term ‘‘management entity’’
means the management entity of the Heritage Area appointed
under section 204(c).
(4) MANAGEMENT
PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area developed
under section 205.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) STATE.—The term ‘‘State’’ means the State of Pennsyl-
vania.
SEC. 204. ESTABLISHMENT.
(a) IN GENERAL.—For the purpose of preserving and inter-
preting for the educational and inspirational benefit of present
and future generations certain land and structures with unique
and significant historical and cultural value associated with the
early development of the Schuylkill River Valley, there is estab-
lished the Schuylkill River Valley National Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall be comprised of
the Schuylkill River watershed within the counties of Schuylkill,
Berks, Montgomery, Chester, and Philadelphia, Pennsylvania, as
delineated by the Secretary.
(c) MANAGEMENT ENTITY.—The management entity for the
Heritage Area shall be the Schuylkill River Greenway Association.
(d) COOPERATIVE AGREEMENT.—
(1) IN
GENERAL.—To carry out this title, the Secretary
shall enter into a cooperative agreement with the management
entity.
(2) CONTENTS.—The cooperative agreement shall include
information relating to the objectives and management of the
Heritage Area, including—
(A) a description of the goals and objectives of the
Heritage Area, including a description of the approach
to conservation and interpretation of the Heritage Area;
(B) an identification and description of the manage-
ment entity that will administer the Heritage Area; and
(C) a description of the role of the State.
SEC. 205. MANAGEMENT PLAN.
(a) IN GENERAL.—Not later than 3 years after the date of
the enactment of this title, the management entity shall submit
to the Secretary for approval a management plan for the Heritage
Area that presents comprehensive recommendations for the con-
servation, funding, management, and development of the Heritage
Area.
H. R. 940—8
(b) REQUIREMENTS.—The management plan shall—
(1) take into consideration State, county, and local plans;
(2) involve residents, public agencies, and private organiza-
tions working in the Heritage Area;
(3) specify, as of the date of the plan, existing and potential
sources of funding to protect, manage, and develop the Heritage
Area; and
(4) include—
(A) actions to be undertaken by units of government
and private organizations to protect the resources of the
Heritage Area;
(B) 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,
historical, recreational, or scenic significance;
(C) a recommendation of policies for resource manage-
ment that considers and details application of appropriate
land and water management techniques, including the
development of intergovernmental cooperative agreements
to protect the historical, cultural, recreational, and natural
resources of the Heritage Area in a manner consistent
with supporting appropriate and compatible economic
viability;
(D) a program for implementation of the management
plan by the management entity;
(E) an analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this title; and
(F) an interpretation plan for the Heritage Area.
(c) DISQUALIFICATION FROM FUNDING.—If a management plan
is not submitted to the Secretary on or before the date that is
3 years after the date of the enactment of this title, the Heritage
Area shall be ineligible to receive Federal funding under this title
until the date on which the Secretary receives the management
plan.
(d) UPDATE OF PLAN.—In lieu of developing an original manage-
ment plan, the management entity may update and submit to
the Secretary the Schuylkill Heritage Corridor Management Action
Plan that was approved by the State in March, 1995, to meet
the requirements of this section.
SEC. 206. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—For purposes
of preparing and implementing the management plan, the manage-
ment entity may—
(1) make grants to, and enter into cooperative agreements
with, the State and political subdivisions of the State, private
organizations, or any person; and
(2) hire and compensate staff.
(b) DUTIES OF THE MANAGEMENT ENTITY.—The management
entity shall—
(1) develop and submit the management plan under section
205;
H. R. 940—9
(2) give priority to implementing actions set forth in the
cooperative agreement and the management plan, including
taking steps to—
(A) assist units of government, regional planning
organizations, and nonprofit organizations in—
(i) preserving the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits in the Heritage Area;
(iii) developing recreational resources in the Herit-
age Area;
(iv) increasing public awareness of and, apprecia-
tion for, the natural, historical, and architectural
resources and sites in the Heritage Area;
(v) restoring historic buildings relating to the
themes of the Heritage Area; and
(vi) ensuring that clear, consistent, and environ-
mentally appropriate signs identifying access points
and sites of interest are installed throughout the Herit-
age Area;
(B) encourage economic viability in the Heritage Area
consistent with the goals of the management plan; and
(C) encourage local governments to adopt land use
policies consistent with the management of the Heritage
Area and the goals of the management plan;
(3) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area;
(4) conduct public meetings at least quarterly regarding
the implementation of the management plan;
(5) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the approval
of the Secretary; and
(6) for any fiscal year in which Federal funds are received
under this title—
(A) submit to the Secretary a report describing—
(i) the accomplishments of the management entity;
(ii) the expenses and income of the management
entity; and
(iii) each entity to which the management entity
made any grant during the fiscal year;
(B) make available for audit all records pertaining
to the expenditure of Federal funds and any matching
funds, and require, for all agreements authorizing expendi-
ture of Federal funds by organizations other than the
management entity, that the receiving organizations make
available for audit all records pertaining to the expenditure
of such funds; and
(C) require, for all agreements authorizing expenditure
of Federal funds by organizations other than the manage-
ment entity, that the receiving organizations make avail-
able for audit all records pertaining to the expenditure
of Federal funds.
(c) USE OF FEDERAL FUNDS.—
(1) IN GENERAL.—The management entity shall not use
Federal funds received under this title to acquire real property
or an interest in real property.
H. R. 940—10
(2) OTHER SOURCES.—Nothing in this title precludes the
management entity from using Federal funds from other
sources for their permitted purposes.
(d) SPENDING
FOR NON-FEDERALLY OWNED PROPERTY.—The
management entity may spend Federal funds directly on non-feder-
ally owned property to further the purposes of this title, especially
in assisting units of government in appropriate treatment of dis-
tricts, sites, buildings, structures, and objects listed or eligible for
listing on the National Register of Historic Places.
SEC. 207. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—At the request of the management entity,
the Secretary may provide technical and financial assistance
to the Heritage Area to develop and implement the management
plan.
(2) PRIORITIES.—In assisting the management entity, the
Secretary shall give priority to actions that assist in—
(A) conserving the significant natural, historical, and
cultural resources that support the themes of the Heritage
Area; and
(B) providing educational, interpretive, and rec-
reational opportunities consistent with the resources and
associated values of the Heritage Area.
(b) APPROVAL AND DISAPPROVAL OF COOPERATIVE AGREEMENTS
AND MANAGEMENT PLANS.—
(1) IN GENERAL.—Not later than 90 days after receiving
a cooperative agreement or management plan submitted under
this title, the Secretary, in consultation with the Governor
of the State, shall approve or disapprove the cooperative agree-
ment or management plan.
(2) MANAGEMENT PLAN CONTENTS.—In reviewing the plan,
the Secretary shall consider whether the composition of the
management entity and the plan adequately reflect diverse
interest of the region, including those of—
(A) local elected officials;
(B) the State;
(C) business and industry groups;
(D) organizations interested in the protection of natural
and cultural resources; and
(E) other community organizations and individual
stakeholders.
(3) ACTION FOLLOWING DISAPPROVAL.—
(A) IN
GENERAL.—If the Secretary disapproves a
cooperative agreement or management plan, the Secretary
shall—
(i) advise the management entity in writing of
the reasons for the disapproval; and
(ii) make recommendations for revisions in the
cooperative agreement or plan.
(B) TIME PERIOD FOR DISAPPROVAL.—Not later than
90 days after the date on which a revision described under
subparagraph (A)(ii) is submitted, the Secretary shall
approve or disapprove the proposed revision.
(c) APPROVAL OF AMENDMENTS.—
(1) IN GENERAL.—The Secretary shall review and approve
substantial amendments to the management plan.
H. R. 940—11
(2) FUNDING
EXPENDITURE
LIMITATION.—Funds appro-
priated under this title may not be expended to implement
any substantial amendment until the Secretary approves the
amendment.
SEC. 208. CULTURE AND HERITAGE OF ANTHRACITE COAL REGION.
(a) IN GENERAL.—The management entities of heritage areas
(other than the Heritage Area) in the anthracite coal region in
the State shall cooperate in the management of the Heritage Area.
(b) FUNDING.—Management entities described in subsection (a)
may use funds appropriated for management of the Heritage Area
to carry out this section.
SEC. 209. SUNSET.
The Secretary may not make any grant or provide any assist-
ance under this title after the date that is 15 years after the
date of the enactment of this title.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
carry out this title not more than $10,000,000, of which not more
than $1,000,000 is authorized to be appropriated for any 1 fiscal
year.
(b) FEDERAL SHARE.—Federal funding provided under this title
may not exceed 50 percent of the total cost of any project or
activity funded under this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.