I
103D CONGRESS
1ST SESSION
H. R. 2843
To establish the Wheeling National Heritage Area in the State of West
Virginia, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1993
Mr. MOLLOHAN introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To establish the Wheeling National Heritage Area in the
State of West Virginia, and for other purposes.
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 ‘‘Wheeling National
Heritage Area Act of 1993’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that:
(1) The community of Wheeling, West Virginia,
and vicinity, possess important historical, cultural,
and natural resources, representing major heritage
complete description of the management entity
responsible for implementing the Plan.
SEC. 4. DESIGNATION OF NATIONAL HERITAGE AREA.
In furtherance of the purposes of this Act, there is
hereby established the Wheeling National Heritage Area
in the State of West Virginia (hereinafter referred to as
the ‘‘Area’’). The Area shall include those lands and wa-
ters within the boundary generally depicted on the map
entitled, ‘‘Boundary Map, Wheeling National Heritage
Area, West Virginia’’, which shall be on file and available
for public inspection in the offices of the National Park
Service, Department of the Interior.
SEC. 5. ESTABLISHMENT OF WHEELING NATIONAL HERIT-
AGE AREA CORPORATION.
(a) ESTABLISHMENT.—To achieve the purposes of
this Act, and to carry out the implementation of the Plan,
there is hereby established the Wheeling National Herit-
age Area Corporation (WNHAC) which—
(1) will be structured as a 501(c)(3) tax exempt
entity;
(2) shall consist of a Board of Directors of not
less than 9 nor more than 11 members, including
the executive committee;
(3) shall include an executive committee of 5
members; and
(4) shall include the Secretary of the Interior,
or his designate, the Governor of West Virginia, or
his designate, and the Mayor of the City of Wheel-
ing, or his designate.
The details of the Corporation’s administrative operations,
staff needs, Board composition (except as specified in sec-
tion 5(a)(4)), affiliate organizations, financial forecast,
and membership shall be specified in the business plan for
the Wheeling National Heritage Area Corporation.
(b) MISSION.—(1) The Corporation’s primary mis-
sion will be to implement and coordinate the recommenda-
tions contained in the Plan, accomplish the goals of the
Heritage Area planning initiative, ensure integrated oper-
ation of the project, and become a financially self-sustain-
ing entity. The Corporation shall be structured as a pri-
vate nonprofit organization, an umbrella organization to
accomplish the primary mission by itself, in partnership
with other local organizations, or on the behalf of other
entities, particularly the National Park Service and the
State of West Virginia Division of Culture and History.
It will provide coordination, standards, and streamlined fi-
nancial and technical assistance for the implementation of
the Plan.
(2) The primary charitable and educational mission
of the Corporation shall be to conserve, interpret, and pro-
mote the Wheeling National Heritage Area, and by doing
so, to achieve economic development in the historic down-
town and riverfront area, and the education and general
welfare of the people. The more specific mission of the
Corporation shall be to implement the Plan for the Wheel-
ing National Heritage Area, to preserve the area’s historic
and cultural resources, and to establish a structure within
which the activities of investment, development, and oper-
ation of the Heritage Area can be fulfilled. In support of
this primary mission, the Corporation shall also direct and
coordinate the diverse conservation, development, pro-
gramming, educational, and interpretive activities in the
area.
(c) CREATION OF THE CORPORATION.—An interim
board shall be formed by the Wheeling National Heritage
Area Task Force Core Group in existence on the date of
the enactment of this Act. This board shall draft interim
bylaws, nominate an executive committee and solicit mem-
bership. The members of the executive committee shall act
as incorporators of the Corporation, nominate the perma-
nent board and have the primary roles in the development,
implementation, and operation of the Corporation and the
Heritage Area. A permanent executive committee shall
adopt a charter for the Corporation, and sign its articles
of incorporation, and shall determine the appropriate com-
position for the permanent board of directors. The execu-
tive committee shall appoint the remaining board members
with the exception of the City, State, and Federal rep-
resentatives designated under subsection (a)(4). The exec-
utive committee shall act as the primary vehicle for oper-
ation and policy of the Corporation while the board of di-
rectors shall serve to ensure that the mission of the Cor-
poration is carried out, and serve as a check and balance
to the executive committee while measuring progress and
ensuring equity in the activities of the Corporation.
SEC. 6. POWERS OF THE WHEELING NATIONAL HERITAGE
AREA CORPORATION.
(a) POWERS OF THE CORPORATION.—The Wheeling
National Heritage Area Corporation shall be chartered
with broad private powers in order to pursue its mission
and implement the Plan. The Corporation shall be empow-
ered to—
(1) acquire, encumber, and dispose of such real
and personal property as is necessary to preserve,
promote and enhance the heritage and resources of
the Area;
(2) improve properties to which the Corporation
holds title, sell, lease, sublease or otherwise dispose
of real property;
(3) enter into contracts, leases, cooperative
agreements, and other transactions with public agen-
cies and private individuals and entities;
(4) receive funds from public agencies and pri-
vate individuals and entities; receive gifts of property
of all kinds, whether made by will, deed, or other-
wise, and administering the same in carrying out the
Corporation’s mission; collect fees; develop any other
sources of income commensurate with the laws gov-
erning nonprofit entities;
(5) disburse funds to qualified public or private
individuals and entities for the purposes of achieving
the goals of the Heritage Area as specified in the
Plan;
(6) hire staff and accept personnel from public
agencies as required to fulfill its mandates and pur-
poses;
(7) manage property and develop and operate
educational, informational, interpretive, and market-
ing programs, facilities, and linkages; and
(8) coordinate the review and approval of
projects or programs either funded or implemented
by the Corporation or its associates; and provide
educational, interpretation and promotional services
and materials.
SEC. 7. DUTIES OF THE WHEELING NATIONAL HERITAGE
AREA CORPORATION.
(a) FORMAL ADOPTION OF THE PLAN.—The Cor-
poration shall work with the State of West Virginia and
local governments to ensure that the Plan is formally
adopted by the City of Wheeling and recognized by the
State of West Virginia.
(b) IMPLEMENTATION OF THE PLAN.—In pursuing
the implementation of the Plan, the Corporation shall—
(1) implement the ideas and concepts put forth
in the Plan in a timely fashion pursuant to the phas-
ing schedule identified in the Plan;
(2) ensure the coordination of its services with
those of the City of Wheeling, West Virginia, the
State of West Virginia, and the Federal Govern-
ment;
(3) seek the support and involvement of the
Wheeling community and City of Wheeling as it pur-
sues its mission;
(4) maintain the integrity of those natural and
cultural resources recognized by this Act and ref-
erenced in the Plan through standards and criteria
for the treatment of all properties located within the
Area; and
(5) pursue the completion and adoption of all
planning projects recommended by the Plan, includ-