IB
Union Calendar No. 170
106TH CONGRESS
1ST SESSION
H. R. 940
[Report No. 106–285]
To establish the Lackawanna Heritage Valley American Heritage Area.
IN THE HOUSE OF REPRESENTATIVES
MARCH 2, 1999
Mr. SHERWOOD introduced the following bill; which was referred to the
Committee on Resources
AUGUST 3, 1999
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 2, 1999]
A BILL
To establish the Lackawanna Heritage Valley American
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 ‘‘Lackawanna Valley Na-
tional Heritage Area Act of 1999’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The industrial and cultural heritage of
northeastern Pennsylvania inclusive of Lackawanna,
Luzerne, Wayne, and Susquehanna counties, related
directly to anthracite and anthracite-related indus-
tries, is nationally significant, as documented in the
United States Department of the Interior-National
Parks Service, National Register of Historic Places,
Multiple Property Documentation submittal of the
Pennsylvania Historic and Museum Commission
(1996).
(2) These industries include anthracite mining,
ironmaking, textiles, and rail transportation.
(3) The industrial and cultural heritage of the
anthracite and related industries in this region in-
cludes 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 in-
cluding the formation of many key unions such as the
United Mine Workers of America, and crucial strug-
gles to improve wages and working conditions, such
as the 1900 and 1902 anthracite strikes.
(5) The Department of the Interior is responsible
for protecting the Nation’s cultural and historic re-
sources, and there are significant examples of these re-
sources within this 4-county region to merit the in-
volvement of the Federal Government to develop pro-
grams and projects, in cooperation with the Lacka-
wanna Heritage Valley Authority, the Commonwealth
of Pennsylvania, and other local and governmental
bodies, to adequately conserve, protect, and interpret
this heritage for future generations, while providing
opportunities for education and revitalization.
(6) The Lackawanna Heritage Valley Authority
would be an appropriate management entity for a
Heritage Area established in the region.
(b) PURPOSE.—The objectives of the Lackawanna Val-
ley National Heritage Area are as follows:
(1) To foster a close working relationship with
all levels of government, the private sector, and the
local communities in the anthracite coal region of
northeastern Pennsylvania and empower the commu-
nities to conserve their heritage while continuing to
pursue economic opportunities.
(2) To conserve, interpret, and develop the his-
torical, cultural, natural, and recreational resources
related to the industrial and cultural heritage of the
4-county region of northeastern Pennsylvania.
SEC. 3. LACKAWANNA VALLEY NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is hereby established the
Lackawanna Valley National Heritage Area (in this Act
referred to as the ‘‘Heritage Area’’).
(b) BOUNDARIES.—The Heritage Area shall be com-
prised of all or parts of the counties of Lackawanna,
Luzerne, Wayne, and Susquehanna in Pennsylvania, deter-
mined pursuant to the compact under section 4.
(c) MANAGEMENT ENTITY.—The management entity
for the Heritage Area shall be the Lackawanna Heritage
Valley Authority.
SEC. 4. COMPACT.
To carry out the purposes of this Act, the Secretary
of the Interior (in this Act referred to as the ‘‘Secretary’’)
shall enter into a compact with the management entity. The
compact shall include information relating to the objectives
and management of the area, including each of the fol-
lowing:
(1) A delineation of the boundaries of the Herit-
age Area.
(2) A discussion of the goals and objectives of the
Heritage Area, including an explanation of the pro-
posed approach to conservation and interpretation
and a general outline of the protection measures com-
mitted to by the partners.
SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT EN-
TITY.
(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—
The management entity may, for purposes of preparing and
implementing the management plan developed under sub-
section (b), use funds made available through this Act for
the following:
(1) To make grants to, and enter into coopera-
tive agreements with States and their political sub-
divisions, private organizations, or any person.
(2) To hire and compensate staff.
(3) To enter into contracts for goods and serv-
ices.
(b) MANAGEMENT PLAN.—The management entity
shall develop a management plan for the Heritage Area that
presents recommendations for the Heritage Area’s conserva-
tion, funding, management, and development. Such plan
shall take into consideration existing State, county, and
local plans and involve residents, public agencies, and pri-
vate organizations working in the Heritage Area. It shall
include recommendations for actions to be undertaken by
units of government and private organizations to protect
the resources of the Heritage Area. It shall specify the exist-
ing and potential sources of funding to protect, manage,
and develop the Heritage Area. Such plan shall include, as
appropriate, the following:
(1) 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, re-
stored, managed, developed, or maintained because of
its natural, cultural, historic, recreational, or scenic
significance.
(2) A recommendation of policies for resource
management which considers and details application
of appropriate land and water management tech-
niques, including, but not limited to, the development
of intergovernmental cooperative agreements to pro-
tect the Heritage Area’s historical, cultural, rec-
reational, and natural resources in a manner con-
sistent with supporting appropriate and compatible
economic viability.
(3) A program for implementation of the man-
agement plan by the management entity, including
plans for restoration and construction, and specific
commitments of the identified partners for the first 5
years of operation.
(4) An analysis of ways in which local, State,
and Federal programs may best be coordinated to
promote the purposes of this Act.
(5) An interpretation plan for the Heritage
Area.
The management entity shall submit the management plan
to the Secretary for approval within 3 years after the date
of enactment of this Act. If a management plan is not sub-
mitted to the Secretary as required within the specified
time, the Heritage Area shall no longer qualify for Federal
funding.
(c) DUTIES OF MANAGEMENT ENTITY.—The manage-
ment entity shall—
(1) give priority to implementing actions set
forth in the compact and management plan, includ-
ing steps to assist units of government, regional plan-
ning organizations, and nonprofit organizations in
preserving the Heritage Area;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in estab-
lishing and maintaining interpretive exhibits in the
Heritage Area; assist units of government, regional
planning organizations, and nonprofit organizations
in developing recreational resources in the Heritage
Area;
(3) assist units of government, regional planning
organizations, and nonprofit organizations in in-
creasing public awareness of and appreciation for the
natural, historical, and architectural resources and
sites in the Heritage Area; assist units of government,
regional planning organizations and nonprofit orga-
nizations in the restoration of any historic building
relating to the themes of the Heritage Area;
(4) encourage economic viability in the Heritage
Area consistent with the goals of the plan; encourage
local governments to adopt land use policies con-
sistent with the management of the Heritage Area
and the goals of the plan;
(5) assist units of government, regional planning
organizations, and nonprofit organizations to ensure
that clear, consistent, and environmentally appro-
priate signs identifying access points and sites of in-
terest are put in place throughout the Heritage Area;
(6) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage
Area;
(7) conduct public meetings at least quarterly re-
garding the implementation of the management plan;
and
(8) for any year in which Federal funds have
been received under this Act, make available for audit
all records pertaining to the expenditure of such funds
and any matching funds, and require, for all agree-
ments authorizing expenditure of Federal funds by
other organizations, that the receiving organizations
make available for audit all records pertaining to the
expenditure of such funds.
(d) PROHIBITION
ON
THE ACQUISITION
OF REAL
PROPERTY.—The management entity may not use Federal
funds received under this Act to acquire real property or
an interest in real property. Nothing in this Act shall pre-
clude any management entity from using Federal funds
from other sources for their permitted purposes.
(e) SPENDING FOR NON-FEDERALLY OWNED PROP-
ERTY.—The management entity may spend Federal funds
directly on non-federally owned property to further the pur-
poses of this Act, especially in assisting units of government
in appropriate treatment of districts, sites, buildings, struc-
tures, and objects listed or eligible for listing on the Na-
tional Register of Historic Places.
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) TECHNICAL
AND FINANCIAL ASSISTANCE.—The
Secretary may, upon request of the management entity,
provide technical and financial assistance to the manage-
ment entity to develop and implement the management
plan. In assisting the management entity, the Secretary
shall give priority to actions that in general assist in—
(1) conserving the significant natural, historic,
and cultural resources which support its themes; and
(2) providing educational, interpretive, and rec-
reational opportunities consistent with its resources
and associated values.
(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT
PLANS.—The Secretary, in consultation with the Governor
of Pennsylvania, shall approve or disapprove a manage-
ment plan submitted under this Act not later than 90 days
after receiving such management plan.
(c) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves a submitted management plan, the Sec-
retary shall advise the management entity in writing of the
reasons therefore and shall make recommendations for revi-
sions in the plan. The Secretary shall approve or dis-
approve a proposed revision within 90 days after the date
it is submitted.
(d) APPROVING AMENDMENTS.—The Secretary shall
review substantial amendments to the management plan for
the Heritage Area. Funds appropriated pursuant to this
Act may not be expended to implement the changes made
by such amendments until the Secretary approves the
amendments.
SEC. 7. ADDITIONAL ANTHRACITE COAL REGION DESIGNA-
TION.
(a) DESIGNATION.—Upon publication by the Secretary
in the Federal Register of notice that the Secretary has
signed a compact (as provided for in subsection (b)) there
is hereby designated the Schuylkill River National Heritage
Area.
(b) COMPACT.—The compact submitted under this sec-
tion with respect to the Schuylkill River National Heritage
Area shall consist of an agreement between the Secretary
and the Schuylkill River Greenway Association (who shall
serve as the management entity for the area). Such agree-
ment shall define the area (including a delineation of the
boundaries), describe anticipated programs for the area,
and include information relating to the objectives and man-
agement of the area. Such information shall include, but
not be limited to, an explanation of the proposed approach
to the conservation and interpretation of the area and a
general outline of the protection measures committed to by
the partners.
(c) AUTHORITIES AND DUTIES.—The authorities and
duties of the management entity and other Federal agencies
for the Schuylkill River National Heritage Area shall be
the same as provided for by sections 5 and 6 of this Act,
except that for such purposes any reference in such sections
to the ‘‘Heritage Area’’ shall be deemed to be a reference
to the Schuylkill River National Heritage Area and any
reference to the ‘‘management entity’’ shall be deemed a ref-
erence to the Schuylkill River Greenway Association.
SEC. 8. CULTURE AND HERITAGE OF ANTHRACITE COAL RE-
GION.
All authorized existing and future heritage area man-
agement entities in the Anthracite Coal Region in Pennsyl-
vania are authorized and directed to coordinate with one
another in the management of such areas. Each such man-
agement entity is authorized to use funds appropriated for
such heritage areas for the purposes of this section.
SEC. 9. SUNSET.
The Secretary may not make any grant or provide any
assistance under this Act after September 30, 2012.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this Act not more than $1,000,000 for any
fiscal year for each heritage area designated by this Act.
Not more than a total of $10,000,000 may be appropriated
for each heritage area under this Act.
(b) 50 PERCENT MATCH.—Federal funding provided
under this Act, after the designation of each heritage area,
may not exceed 50 percent of the total cost of any assistance
or grant provided or authorized under this Act.
Amend the title so as to read as follows: ‘‘A bill to
designate the Lackawanna Valley National Heritage Area
and for other purposes.’’.