I
103D CONGRESS
1ST SESSION
H. R. 3593
To establish the Ohio & Erie Canal National Heritage Corridor in the State
of Ohio as an affiliated area of the National Park System.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 20, 1993
Mr. REGULA (for himself, Mr. SAWYER, Mr. STOKES, Mr. HOBSON, Mr.
GILLMOR, Mr. BROWN of Ohio, Mr. HOKE, Mr. HALL of Ohio, Mr.
FINGERHUT, Mr. APPLEGATE, Mr. TRAFICANT, Ms. KAPTUR, Ms. PRYCE
of Ohio, Mr. PORTMAN, and Mr. OXLEY) introduced the following bill;
which was referred to the Committee on Natural Resources
A BILL
To establish the Ohio & Erie Canal National Heritage Cor-
ridor in the State of Ohio as an affiliated area of the
National Park System.
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 1993’’.
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 Resource Study of the Ohio
& Erie Canal Corridor conducted by the National
Park Service entitled ‘‘A Route to Prosperity’’ has
concluded that the corridor is eligible as a National
Heritage Corridor, an affiliated unit of the National
Park System.
(b) PURPOSE.—The purpose of this Act is—
(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; and
(2) to provide a management framework to as-
sist the State of Ohio and its political subdivisions
in developing and implementing an integrated Cor-
ridor Management Plan and developing policies and
programs that will preserve, enhance, and interpret
the cultural, historical, natural, recreation, and sce-
nic resources of the corridor.
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 ‘‘Commission’’ means the Ohio &
Erie Canal National Heritage Corridor Commission
established by section 5.
(3) The term ‘‘Corridor Management Plan’’
means the management plan developed under section
8.
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.—The boundaries of the corridor
are generally 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 Pros-
perity’’. The specific boundaries shall be those specified
in the Corridor Management Plan under section
8(a)(3)(C).
(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 COMMISSION.
(a) ESTABLISHMENT.—There is hereby established
the Ohio & Erie Canal National Heritage Corridor Com-
mission (hereafter known as the ‘‘Commission’’) whose
purpose shall be to assist Federal, State, and local au-
thorities and the private sector in the development and
implementation of an integrated management plan for the
corridor.
(b) MEMBERSHIP.—The Commission shall be com-
posed of 21 members, as follows:
(1) The Director of the National Park Service,
ex officio, or a delegate.
(2) 2 individuals appointed by the Secretary
from recommendations submitted by the Governor of
Ohio, who shall be representatives of the Directors
of the Ohio Department of Natural Resources and
the Ohio Historical Society.
(3) 8 individuals appointed by the Secretary
from recommendations submitted by the county
commissioners or county chief executive of the Ohio
counties 
of 
Cuyahoga, 
Summit, 
Stark, 
and
Tuscarawas of which—
(A) 4 individuals shall be representatives
of the Planning offices of each county, and
(B) 4 individuals shall represent a munici-
pality in each of the counties.
(4) 3 individuals appointed by the Secretary
from recommendations submitted by the county or
metropolitan park boards of the Ohio counties of
Cuyahoga, Summit, and Stark.
(5) 1 individual with knowledge and experience
in the field of historic preservation, appointed by the
Secretary from recommendations made by the Direc-
tor of the National Park Service.
(6) 1 individual with knowledge and experience
in the field of historic preservation, appointed by the
Secretary from recommendations made by the Ohio
Historic Preservation Officer.
(7) 1 individual who shall be a director of a
convention and tourism bureau from within the cor-
ridor, appointed by the Secretary from recommenda-
tions made by the Director of the Ohio Department
of Travel and Tourism.
(8) 4 individuals appointed by the Secretary
from recommendations submitted by the Greater
Cleveland Growth Association, the Akron Regional
Development Board, the Stark Development Board,
and the Tuscarawas County Chamber of Commerce,
who shall represent business and industry in each of
the 4 counties.
(c) APPOINTMENTS.—(1) Except as provided in para-
graph (2), members of the Commission shall be appointed
for terms of 3 years and may be reappointed.
(2) The initial appointments to the Commission
under subsection (b) shall be not later than 6 months after
the date of enactment of this Act. Of the members first
appointed—
(A) the members appointed pursuant to sub-
section (b)(3)(B) shall be appointed to a term of 2
years and may not be reappointed to a consecutive
term;
(B) the member appointed pursuant to sub-
section (b)(7) shall be appointed to a term of 2
years and may not be reappointed to a consecutive
term; and
(C) the members appointed pursuant to sub-
sections (b)(5) and (b)(8) shall be appointed to a
term of 2 years and may be reappointed.
(d) VACANCY.—A vacancy in the Commission shall
be filled in the manner in which the original appointment
was made. Any member appointed to fill a vacancy occur-
ring before the expiration of the term for which his prede-
cessor was appointed shall be appointed only for the re-
mainder of such term. Any member of the Commission
appointed for a definite term may serve after the expira-
tion of his term until his successor has taken office.
(e) COMPENSATION AND EXPENSES.—Members of
the Commission shall serve without compensation for their
service on the Commission. Members of the Commission
shall, while away from their homes or regular places of
business in performance of services for the Commission,
shall be allowed travel expenses, including per diem in lieu
of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed ex-
penses under section 5703 of title 5, United States Code.
(f) CHAIRPERSON.—The chairperson of the Commis-
sion shall be elected by the members of the Commission
for the remainder of the term of the Chairperson to the
Commission.
(g) QUORUM.—Eleven members of the Commission
shall constitute a quorum. The affirmative vote of not less
than 11 members of the Commission shall be required to
approve the budget of the Commission.
(h) MEETINGS.—The Commission shall meet at least
quarterly at the call of the chairperson or 11 of its mem-
bers. Meetings of the Commission shall be subject to sec-
tion 552b of title 5, United States Code (relating to open
meetings).
SEC. 6. STAFF OF THE COMMISSION.
(a) STAFF.—(1) The Commission shall have the
power to appoint and fix the compensation of such staff
as may be necessary to carry out its duties. Staff ap-
pointed by the Commission shall include a Director and
such specialists the Commission considers necessary or ap-
propriate in such areas as planning, community develop-
ment, interpretive services, historic preservation, recre-
ation, natural resources, commerce and industry, edu-
cation, financing, and public relations.
(2) The director and staff of the Commission may
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates, except that no individual so appointed may re-
ceive pay in excess of the annual rate of basic pay payable
for grade GS–15 of the General Schedule.
(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 AND OTHER AGENCIES.—Upon request of
the Commission, the head of any Federal agency may de-
tail, on a reimbursable basis, any of the personnel of such
agency to the Commission to assist in carrying out the
Commission’s duties. The Commission may accept the
services of personnel detailed from the State of Ohio, and
any political subdivision thereof, and may reimburse that
State or political subdivision for those services.
(d) ADMINISTRATIVE SUPPORT.—The Administrator
of General Services shall provide such administrative sup-
port services as the Commission may request, on a reim-
bursable basis.
SEC. 7. POWERS OF THE COMMISSION.
(a) HEARINGS.—The Commission may, for the pur-
pose 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 appro-
priate. The Commission may not issue subpoenas or exer-
cise any subpoena authority.
(b) BYLAWS.—The Commission may make such by-
laws, rules, and regulations, consistent with this Act, as
it considers necessary to carry out its functions under this
Act.
(c) 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.
(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 FUNDS TO OBTAIN MONEY.—The Com-
mission may use its funds 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.
(f) RETAINING REVENUES.—The Commission may
retain revenue from the sale or lease of any goods or serv-
ices.
(g) GIFTS.—Except as provided in subsection (h), the
Commission may, for the purposes of carrying out its du-
ties, seek, accept, and dispose of gifts, bequests, or dona-
tions of money, personal property, or services, received
from any source. For purposes of section 170(c) of the
Internal Revenue Code of 1986, any gift to the Commis-
sion shall be deemed to be a gift to the United States.
(h) ACQUISITION AND DISPOSITION OF REAL PROP-
ERTY.—(1) Except as provided by paragraph (2), the
Commission may not acquire real property, or interests
in real property, in the corridor.
(2) Subject to paragraph (3), the Commission may
acquire real property, or interests in real property, in the
corridor—
(A) by gift of devise;
(B) by purchase from a willing seller using
donated or appropriated land acquisition funds;
or
(C) by exchange.
(3) Any real property or interest in real prop-
erty acquired by the Commission under paragraph
(2) shall be conveyed by the Commission to an ap-
propriate public agency or private nonprofit organi-
zation, as determined by the Commission—
(A) as soon as practicable after such acqui-
sition; and
(B) on the condition that the real property
or interest in real property limits use of the
property to uses consistent with the purpose of
this Act.
(4) The Commission may with approval of the
Secretary, sell any real property or interest in real
property pursuant to subparagraphs (A) and (B) of
paragraph (2) and retain the revenue from the sale.
(i) COOPERATIVE AGREEMENTS AND TECHNICAL AS-
SISTANCE.—For the purposes of implementing the Cor-
ridor Management Plan, the Commission may enter coop-
erative agreements with, or provide technical assistance to,
Federal agencies, the State of Ohio, political subdivisions
of the State, corporations, and persons. Any such coopera-
tive agreement shall, at a minimum, establish procedures
for providing notice to the Commission of any action pro-
posed by Federal agencies, the State of Ohio, any political
subdivision of the State, any corporations, or any such
person which may affect the implementation of the Cor-
ridor Management Plan.
(j) LOANS AND GRANTS.—Consistent with the pur-
poses of this Act, the Commission may make loans and
grants to the State of Ohio, political subdivision of the
State, corporations, or persons, from appropriated funds
or from funds donated or otherwise made available to the
Commission. The Commission shall provide advice and as-
sistance in preparation of loan or grant applications to the
Commission and applications for loans or grants from
other Federal or non-Federal sources in furtherance of the
purposes of this Act. Any loan made under this subsection
shall be for a term expiring before the termination of the
Commission.
(k) TECHNICAL ADVISORY GROUPS.—The Commis-
sion shall establish, within one year of its first meeting,
public technical advisory groups to assist the Commission
in carrying out its duties in the areas of economic develop-
ment, historic preservation, natural resources, tourism,
recreation and open space, and transportation. The Com-
mission may establish additional technical advisory groups
as needed to carry out its duties.
(l) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT
AFFECTED.—Nothing in this Act shall be construed to af-
fect or to authorize the Commission to interfere 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. 8. DUTIES OF THE COMMISSION.
(a) CORRIDOR MANAGEMENT PLAN.—
(1) PERIOD
FOR
DEVELOPMENT.—Within 18
months after the date on which the Commission con-
ducts its first meeting, the Commission shall submit
a management plan for the corridor to the Secretary
and the Governor of Ohio for review and approval.
(2) TECHNICAL
ASSISTANCE.—The Secretary
shall, upon request of the Commission, provide as-
sistance to the Commission in the preparation and
implementation of the plan.
(3) PLAN REQUIREMENTS.—The plan shall take
into consideration existing State, county, and local
plans and public involvement. The plan shall—
(A) provide an inventory which includes
any property in the corridor which should be
preserved, restored, managed, developed, or
maintained because of its natural, cultural, his-
toric, recreational, or scenic significance;
(B) provide an analysis of current and po-
tential land uses within the corridor that affect
the character of the corridor;
(C) determine the boundaries of the cor-
ridor based on subparagraphs (A) and (B);
(D) establish standards and criteria appli-
cable to the construction, preservation, restora-
tion, alteration, and use of significant prop-
erties within the corridor;
(E) include a heritage interpretation plan
to interpret the resources and values of the cor-
ridor, and provide for appropriate educational,
recreational, and tourism opportunities and de-
velopment;
(F) contain policies for land use manage-
ment which consider and detail the application
of appropriate land and water management
techniques not limited to local zoning, use of
easements, and intergovernmental cooperative
agreements, so as to protect and enhance the
corridor’s historic, cultural, natural, scenic, and
recreational resources in a manner consistent
with supporting economic development efforts;
(G) include a public access and transpor-
tation plan which integrates corridor resources
within and outside corridor boundaries;
(H) contain a coordination and consistency
component which details the way in which local,
State, and Federal programs will be coordi-
nated to promote the purposes of this Act; and
(I) contain a Federal, State, and local gov-
ernment implementation plan that includes cost
estimates, schedules, and a commitment of re-
sources for its accomplishment.
(b) APPROVAL OF THE PLAN.—
(1) IN GENERAL.—The Secretary shall approve
or disapprove a plan submitted under subsection (a)
within 90 days of the receipt of the plan from the
Commission. The Governor of Ohio may approve or
disapprove the plan in accordance with such policies
and procedures as the Governor may determine. 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 natural, cultural, historic, recreational,
and scenic resources of the corridor.
(2) FACTORS RELATING TO APPROVAL.—In de-
termining whether or not to approve the plan, the
Secretary shall consider whether—
(A) the Commission has afforded adequate
opportunity for public involvement in the prepa-
ration of the plan; and
(B) adequate assurances have been re-
ceived from State and local government officials
that the implementation program identified in
the plan will be initiated within a reasonable
time after the date of approval of the plan and
such program will ensure effective implementa-
tion of the Federal, State, and local aspects of
the plan.
(3) If the Secretary disapproves the plan, the
Commission shall be advised in writing of the rea-
sons and shall indicate any recommendations for re-
visions. Within six months after disapproval, the
Commission shall resubmit the plan to the Sec-
retary, who shall approve or disapprove the plan as
revised within 90 days after the date that the re-
vised plan is submitted. The Secretary shall approve
or disapprove subsequent revisions of the plan in the
same manner as if each such revised plan were first
submitted pursuant to subsection (a).
(c) PRIORITY ACTIONS UNDER IMPLEMENTATION OF
THE PLAN.—
(1) IN GENERAL.—After approval of the plan
under subsection (b), the Commission shall give pri-
ority to actions that assist in—
(A) preserving and enhancing the signifi-
cant cultural and natural resources of the cor-
ridor;
(B) promoting and providing educational,
interpretive, and recreational opportunities con-
sistent with the resources and associated values
of the corridor; and
(C) supporting public and private efforts in
economic development that contribute to the
goals of the plan.
(2) ACTIONS DESCRIBED.—Priority actions to
be carried out under paragraph (1) include—
(A) assisting the State and political sub-
divisions thereof and the private sector in the
preservation and enhancement of the Ohio &
Erie Canal and related resources;
plan and to take actions to implement those
policies.
(d) ANNUAL REPORTS.—
(1) COMMISSION.—The Commission shall sub-
mit an annual report to the Secretary setting forth
its expenses and income and the entities to which
any loans and grants were made during the year for
which the report is made.
(2) SECRETARY.—The Secretary shall submit
an annual report to the Congress describing the
loans, grants, and technical assistance provided
under this Act. Such report shall specify the
amount, recipient, and purpose of any loan, grant,
or technical assistance so provided and shall include
an analysis of the adequacy of actions taken during
the previous year to preserve, protect, enhance, and
interpret the significant sites, buildings, structures,
and objects with the area; as well as the anticipated
funds and personnel to be made available by the
Secretary during the next fiscal year to implement
the provisions of this Act.
SEC. 9. TERMINATION OF THE COMMISSION.
(a) TERMINATION.—Except as provided in subsection
(b), the Commission shall terminate on the date occurring
20 years after the date of the enactment of this Act. Any
property or funds of the Commission remaining upon the
expiration of the Commission shall be transferred by the
Commission to the United States, to a State or local gov-
ernment agency, to a private nonprofit organization re-
ferred to in section 501(c)(3) of the Internal Revenue
Code of 1986 which is exempt from income taxes under
section 501(a) of such Code, or to any combination of the
foregoing.
(b) EXTENSIONS.—The Commission may be extended
for a period of not more than five 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 to carry out the purpose of this
Act;
(2) the Commission submits such proposed ex-
tension to the Committee on Natural Resources of
the House of Representatives and the Committee on
Energy and Natural Resource of the Senate before
the termination date; and
(3) the Governor of Ohio and the Secretary
each approve such extension.
SEC. 10. DUTIES OF THE SECRETARY.
(a) TECHNICAL ASSISTANCE.—The Secretary may,
upon request of the Commission, provide technical assist-
ance to the Commission for—
(1) establishing guidelines and standards to
protect, preserve, enhance, and interpret the cultural
and natural resources of the corridor; and
(2) general administrative support in planning,
finance, personnel, procurement, property manage-
ment, environmental and historical compliance, and
land acquisition.
(b) ASSISTANCE OF THE CUYAHOGA VALLEY NA-
TIONAL RECREATION AREA.—
(1) IN GENERAL.—Upon request of the Com-
mission, and subject to the availability of funds di-
rectly appropriated for this purpose, or made avail-
able on a reimbursable basis, the Secretary shall
provide technical, financial, development and oper-
ations assistance through the Cuyahoga Valley Na-
tional Recreation Area. Such assistance may include
(but is not limited to) the following:
(A) Administrative support, such as office
space and equipment.
(B) Personnel.
(C) Planning and design services for visitor
use facilities, trails, interpretive exhibits, publi-
cations, signage, and natural resource manage-
ment.
(D) Development and construction assist-
ance including visitor use facilities, trails, ex-
cursion passenger rail facilities, river use and
access facilities, scenic byways, signage, way-
sides, and rehabilitation of historic structures.
(E) Operations functions including inter-
pretation and visitor services, maintenance, nat-
ural resource management, and law enforce-
ment services conducted within the boundaries
of the corridor.
(2) For the purposes of providing the assistance
under paragraph (1), the Secretary may enter into
cooperative agreements with any Federal, State, or
local agency, corporation, or person.
(c) LAND TRANSFERS.—The Secretary may accept
transfers of real property from the Commission within the
boundaries of the corridor as established in the Corridor
Management Plan. Property outside the legislated bound-
aries of the Cuyahoga Valley National Recreation Area
which is transferred to the National Park Service by the
Commission shall be added to and administered as part
of the Cuyahoga Valley National Recreation Area.
SEC. 11. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activi-
ties directly affecting the corridor and any entity of the
State of Ohio or political subdivision thereof acting pursu-
ant to a grant of Federal funds or a Federal permit or
agreement conducting supporting such activities, shall—
(1) consult with the Secretary and the Commis-
sion appointed for the corridor 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) conduct or support such activities in a man-
ner which the Commission determines will not have
an adverse effect on the corridor.
SEC. 12. COST SHARE.
The Federal contribution provided to the Commission
under this Act may not exceed 50 percent of the total cost
for the following and shall be provided on a matching
basis:
(1) The annual administrative expenditures of
the Commission.
(2) The annual development expenditures of the
Commission to implement the Corridor Management
Plan.
(3) The annual land acquisition expenditures of
the Commission.
The non-Federal share of such support may be in the form
of cash, services, or in-kind contributions, fairly valued.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Com-
mission the following:
(1) ADMINISTRATION.—$400,000 annually for
the administrative expenses of the Commission to
carry out the purposes of this Act.
(2) DEVELOPMENT.—$1,500,000 annually for
planning, design, construction, grants, and loans to
implement the approved Corridor Management Plan,
which amount shall remain available until expended.
Moneys may be spent prior to Secretarial approval
of the Corridor Management Plan only for the fol-
lowing:
(A) An 87 mile multiple use trail connect-
ing Cleveland and Zoar, Ohio.
(B) Two Heritage Visitor Centers located
proximate to the route of the Ohio and Erie
Canal between Cleveland and Zoar.
(C) Excursion passenger rail facilities for
the Cuyahoga Valley National Recreation Area
provided by the nonprofit Cuyahoga Valley Sce-
nic Railroad along rail routes connecting Cleve-
land and Zoar.
(D) Rehabilitation of sites, structures, and
buildings listed or eligible for listing on the Na-
tional Register of Historic Places which are lo-
cated proximate to the route of the Ohio and
Erie Canal and which may be threatened with
loss or demolition.
(3) LAND
ACQUISITION.—$250,000 annually
for the purpose of acquisition of real property con-
sistent with the implementation of the Corridor
Management Plan subject to section 7(h)(1), (2),
and (3), which amount shall remain available until
expended. Property may be acquired prior to Sec-
retarial approval of the Corridor Management Plan
only when proximate to the route of the Ohio and
Erie Canal and threatened by inappropriate develop-
ment or treatment.
Æ
HR 3593 IH——2