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103D CONGRESS
2D SESSION
H. R. 4692
To establish the Appalachian Coal Heritage Area.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1994
Mr. BOUCHER introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To establish the Appalachian Coal Heritage Area.
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 ‘‘Appalachian Coal
Heritage Area Act of 1994’’.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) the rise of American industry in the late
19th and early 20th century led to tremendous
growth in the Appalachian coal fields, creating an
area of national historic significance in terms of its
contributions to American industry, architecture,
culture, and diversity;
(2) within the Appalachian coal belt, the area
surrounding and including Pocahontas, Virginia, has
a particularly rich history because the Pocahontas
mine produced some of the Nation’s purest and most
sought-after coal and now serves as an invaluable
historical and educational resource;
(3) to accommodate the growing population in
the area, the coal mining companies built the town
of Pocahontas, one of the oldest and most important
company towns in America’s coal region;
(4) the town of Pocahontas is blessed with a
rich architectural heritage that testifies to American
cultural ability;
(5) this heritage is unique and must be pre-
served;
(6) the influx of labor needed to support the
Pocahontas mine created a unique cultural conver-
gence, bringing together Americans from northern
mining areas, African-Americans from the South, re-
cent immigrants from Southern and Southeastern
Europe, and native Appalachians into a diverse yet
integrated community that represents the distinctive
American heritage;
(7) it is in the national interest to preserve and
protect physical remnants of the late 19th and early
20th century rise of American industry for the edu-
cation and benefit of present and future generations;
and
(8) there is a need to provide assistance for the
preservation and promotion of the vestiges of the
coal heritage of Appalachia that have outstanding
cultural, historic, and architectural value.
SEC. 3. STATEMENT OF PURPOSE.
It is the purpose of this Act to provide a management
framework to assist the Commonwealth of Virginia, its
units of local and regional government, and its citizens
in the development and implementation of integrated cul-
tural, historical, and recreational land resource manage-
ment programs in order to retain, enhance, and interpret
the significant features of the lands, water, and structures
of the Appalachian Coal Heritage Area in the Common-
wealth of Virginia.
SEC. 4. ESTABLISHMENT OF APPALACHIAN COAL HERIT-
AGE AREA.
There is hereby established in the Commonwealth of
Virginia the Appalachian Coal Heritage Area (hereinafter
in this Act referred to as the ‘‘Area’’). The Area shall con-
sist of the area generally depicted on the map entitled
‘‘Appalachian Coal Heritage Area Master Plan’’, num-
bered llllll, and dated llllll, which
shall be on file and available for public inspection in the
Office of the Director of the National Park Service.
SEC. 5. MANAGEMENT PLAN.
(a) PREPARATION OF PLAN.—The town of Poca-
hontas may submit a management plan (hereinafter in
this Act referred to as the ‘‘Plan’’) for the Area to the
Secretary of the Interior (hereinafter in this Act referred
to as the ‘‘Secretary’’) for the review and concurrence of
the Secretary. The Plan shall be based on existing Fed-
eral, State, and local plans, and shall coordinate such
plans and present an integrated plan for the protection,
enhancement, and interpretation of the cultural, natural,
scenic, and recreational resources of the Area. The Plan
shall specify a management entity with respect to the Ap-
palachian Coal Heritage Area. The Secretary is authorized
to provide technical assistance in the preparation of the
Plan.
(b) IMPLEMENTATION.—If a Plan referred to in sub-
section (a) is submitted to the Secretary within 1 year
after the date of the enactment of this Act, and the Sec-
retary concurs with the Plan, the Secretary is authorized
to enter into a cooperative agreement with the manage-
ment entity specified in the Plan to provide technical as-
sistance for the protection, enhancement, and interpreta-
tion of the resources identified in the Plan.
SEC. 6. CONTINGENCY IF HERITAGE COMPACT NOT SUB-
MITTED.
(a) IN GENERAL.—The establishment of the Area
under section 4 and the authorization of the Secretary
under section 5(b) shall cease to be effective if, within 180
days after the date of the enactment of this Act, a Herit-
age Compact for the Area is not—
(1) submitted to the Secretary;
(2) approved by the Secretary, after consulta-
tion with the Advisory Council on Historic Preserva-
tion in accordance with section 106 of the National
Historic Preservation Act; and
(3) submitted to the Congress, together with
any comments that the Secretary deems appropriate.
(b) TECHNICAL ASSISTANCE.—The Secretary may
provide technical assistance to a unit of government or pri-
vate nonprofit organization in the preparation of a Herit-
age Compact.
(c) DEFINITION OF HERITAGE COMPACT.—For pur-
poses of this section, the term ‘‘Heritage Compact’’ means
a compact that—
(1) is prepared with public participation;
(2) contains information relating to the objec-
tives and management of the Area, including—
(A) a delineation of the boundaries of the
Area;
(B) a discussion of the goals and objectives
of the Area, including an explanation of the
proposed approach to conservation and inter-
pretation and a general outline of the protection
measures committed to by the partners;
(C) an identification and description of the
management entity that will administer the
Area;
(D) a list of the initial partners to be in-
volved in developing and implementing the man-
agement plan for the Area, as well as a state-
ment of the financial commitment of such part-
ners; and
(E) a description of the role of the Com-
monwealth of Virginia regarding the Area;
(3) outlines an implementation program that is
likely to be initiated within a reasonable time after
the date of the enactment of this Act and that en-
sures effective implementation of the State and local
aspects of the Plan; and
(4) is accompanied by the comments of the
Governor of the Commonwealth of Virginia.
SEC. 7. DUTIES OF FEDERAL ENTITIES.
Any Federal entity conducting or supporting activi-
ties directly affecting the Area shall—
(1) consult with the Secretary and the town of
Pocahontas with respect to the activities;
(2) cooperate with the Secretary and the town
of Pocahontas with respect to the activities and, to
the maximum extent practicable, coordinate the ac-
tivities with the Secretary and the town of Poca-
hontas; and
(3) to the maximum extent practicable, conduct
or support the activities in a manner that will not
have an adverse effect on the Area, as determined
by the Secretary and the town of Pocahontas.
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