[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1341 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1341

 To establish the Wheeling National Heritage Area in the State of West 
                   Virginia, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 3 (legislative day, June 30), 1993

   Mr. Byrd introduced the following bill; which was read twice and 
       referred to the Committee on Energy and 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 Representatives 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 themes of transportation and 
        commerce and industry and Victorian culture in the United 
        States.
            (2) The City of Wheeling played an important part in the 
        settlement of this country by serving as the western terminus 
        of the National Road in the early 1800's, by serving as the 
        Crossroads of America throughout the nineteenth century, by 
        serving as one of the few major inland ports in the nineteenth 
        century, by hosting the establishment of the Restored State of 
        Virginia, and later the State of West Virginia during the Civil 
        War years and serving as the first capital of the new State of 
        West Virginia, through the development and maintenance of many 
        industries crucial to the Nation's expansion, including iron 
        and steel, and textile manufacturing facilities, boat building 
        facilities, glass manufacturing facilities, stogie and chewing 
        tobacco manufacturing facilities, many of which are industries 
        that continue to play an important role in the Nation's 
        economy.
            (3) The City of Wheeling has retained its national heritage 
        themes with the designations of the old custom house, now 
        Independence Hall, as a National Historic Landmark; with the 
        designation of the historic suspension bridge as a National 
        Historic Landmark; with five historic districts, and many 
        individual properties in the Wheeling area listed or eligible 
        for nomination to the National Register of Historic Places.
            (4) The heritage themes and number and diversity of 
        Wheeling's remaining resources should be appropriately 
        retained, enhanced, and interpreted for the education, benefit, 
        and inspiration of the people of the United States.
    (b) Purposes.--The purposes of this Act are to:
            (1) Recognize the special importance of the history and 
        development of the Wheeling area in the cultural heritage of 
        the Nation.
            (2) Provide a framework to assist the City of Wheeling and 
        other public and private entities and individuals in the 
        appropriate preservation, enhancement, and interpretation of 
        resources in the Wheeling area emblematic of Wheeling's 
        contributions to that cultural heritage.
            (3) Create a new concept and model for designation of a 
        National Heritage Area by allowing for limited Federal, State 
        and local capital contributions for planning and infrastructure 
        investments to create the Wheeling National Heritage Area, in 
        partnership with the State of West Virginia and the City of 
        Wheeling, West Virginia and its designees; and to provide for 
        an economically self-sustaining National Heritage Area not 
        dependent on Federal assistance beyond the initial years 
        necessary to establish the National Heritage Area.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``Corporation'' refers to the Wheeling 
        National Heritage Area Corporation (WNHAC) as described in 
        section 5 of this Act.
            (2) The term ``Plan'' refers to the Plan for the Wheeling 
        National Heritage Area, prepared for the Wheeling National 
        Heritage Area Task Force, the City of Wheeling, and the 
        National Park Service, published in August 1992, which Plan 
        includes--
                    (A) an inventory of the natural and cultural 
                resources in the City of Wheeling;
                    (B) criteria for preserving and interpreting 
                significant natural and historic resources;
                    (C) a strategy for the conservation, preservation, 
                and reuse of the historical and cultural resources in 
                the City of Wheeling and the region; and
                    (D) an implementation agenda by which the State of 
                West Virginia and local governments can program their 
                resources as well as a 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 waters 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 HERITAGE 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 Heritage 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 Wheeling, or his designate.
The details of the Corporation's administrative operations, staff 
needs, Board composition (except as specified in section 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 mission will be to 
implement and coordinate the recommendations contained in the Plan, 
accomplish the goals of the Heritage Area planning initiative, ensure 
integrated operation of the project, and become a financially self-
sustaining entity. The Corporation shall be structured as a private 
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 financial 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 promote the Wheeling 
National Heritage Area, and by doing so, to achieve economic 
development in the historic downtown 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 Wheeling 
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 operation of the Heritage Area can be 
fulfilled. In support of this primary mission, the Corporation shall 
also direct and coordinate the diverse conservation, development, 
programming, 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 
membership. The members of the executive committee shall act as 
incorporators of the Corporation, nominate the permanent 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 composition for the 
permanent board of directors. The executive committee shall appoint the 
remaining board members with the exception of the City, State, and 
Federal representatives designated under subsection (a)(4). The 
executive committee shall act as the primary vehicle for operation and 
policy of the Corporation while the board of directors shall serve to 
ensure that the mission of the Corporation 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 
empowered 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 agencies and private 
        individuals and entities;
            (4) receive funds from public agencies and private 
        individuals and entities; receive gifts of property of all 
        kinds, whether made by will, deed, or otherwise, and 
        administering the same in carrying out the Corporation's 
        mission; collect fees; develop any other sources of income 
        commensurate with the laws governing 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 purposes;
            (7) manage property and develop and operate educational, 
        informational, interpretive, and marketing 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 Corporation 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 phasing 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 Government;
            (3) seek the support and involvement of the Wheeling 
        community and City of Wheeling as it pursues its mission;
            (4) maintain the integrity of those natural and cultural 
        resources recognized by this Act and referenced 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, including, but not limited 
        to, the business plan for the Wheeling National Heritage Area, 
        an interpretive master plan which outlines plans for the 
        interpretation and conservation of Wheeling's cultural and 
        physical resources, a heritage lighting plan, an intermodal 
        transportation plan, and others of a like kind.
    (c) Operations of the Wheeling National Heritage Area 
Corporation.--In implementing the Plan, the Corporation may make loans 
and grants to appropriate public, governmental, or private entities and 
enter into contracts with private or public entities using funds 
appropriated for that purpose, or from funds donated, or revenue 
generated from the operation of Area resources, with these funds being 
used to--
            (1) promote the City of Wheeling's significant heritage and 
        resources;
            (2) promote future growth for the City of Wheeling in a 
        manner consistent with its heritage, resources, and the 
        planning goals established for the Heritage Area;
            (3) ensure successful development of the Heritage Area and 
        its principal features as specified in the Plan and to 
        undertake further planning and design as necessary to achieve 
        this objective;
            (4) ensure the conservation of the region's historical, 
        cultural, and natural resources;
            (5) cooperate with and assist entities whose goals and 
        purposes are consistent with the goals and purposes of the 
        Corporation;
            (6) manage and operate heritage facilities, where 
        appropriate;
            (7) coordinate and support the activities of the 
        Corporation or its associates and the operation of heritage and 
        cultural tourism attractions in the region so as to create a 
        unified project;
            (8) encourage intergovernmental and interagency cooperation 
        in the achievement of these objectives;
            (9) market the Heritage Area, the City of Wheeling and its 
        resources as a destination for international, national, and 
        regional visitors;
            (10) provide technical assistance to cultural heritage 
        efforts and develop design standards for physical sites and 
        educational/interpretive programs;
            (11) lead in efforts to educate the public about the 
        significance of these resources and the heritage of the City of 
        Wheeling (targeting visitors as well as local residents);
            (12) promote local and regional development of recreational 
        opportunities, linkages, and facilities;
            (13) accomplish the above in a way which will promote 
        economic development of the City of Wheeling and the 
        surrounding area;
            (14) create public/private partnerships to finance projects 
        and initiatives of the Heritage Area; and
            (15) seek funding from public (local, State and Federal) 
        agencies and private individuals, foundations and corporations.
    (d) Responsibilities of the Wheeling National Heritage Area 
Corporation.--Priority elements and actions to be carried out by the 
Corporation include--
            (1) assisting the State of West Virginia and the City of 
        Wheeling in appropriate preservation treatment of the sites, 
        buildings, and objects listed or eligible for listing on the 
        National Register of Historic Places;
            (2) increasing awareness and appreciation of the City of 
        Wheeling's cultural heritage and ongoing traditions;
            (3) assisting the State of West Virginia or City of 
        Wheeling in designing, establishing, and maintaining one or 
        more visitor centers and other interpretive exhibits in the 
        Area;
            (4) assisting in the enhancement of public awareness of an 
        appreciation for the historical and architectural and 
        geological resources and sites in the Area;
            (5) assisting the State of West Virginia or any local 
        government or any nonprofit organization in the restoration of 
        any historic building in the Area;
            (6) encouraging, by appropriate means, enhanced economic 
        and industrial development in the Area in furtherance of the 
        goals of the Plan;
            (7) encouraging the City of Wheeling and other local 
        governments to adopt land use policies consistent with the 
        goals of the Plan and to take actions to implement those 
        policies; and
            (8) ensuring that clear, consistent signs identifying 
        access points and sites of interest are put in place.

SEC. 8. DUTIES OF THE SECRETARY.

    (a) Purpose.--To carry out the purposes of this Act, the Secretary 
of the Interior shall--
            (1) assist the Corporation in the development of 
        interpretive and educational materials as specified in the Plan 
        or subsequent planning efforts (for example, the interpretive 
        master plan); and
            (2) provide funds for capital improvements to projects and 
        initial operating assistance consistent with the Plan.
    (b) Technical Assistance.--The Secretary shall, upon the request of 
the Corporation and as outlined in the Plan, provide technical 
assistance to the Corporation in the preparation of any plans or 
studies and for the implementation of any plans as set out in section 
7(b).

SEC. 9. DUTIES OF OTHER FEDERAL ENTITIES.

    Any Federal department, agency or other entity conducting or 
supporting activities directly affecting the Area shall--
            (1) consult with the Secretary of the Interior and the 
        Corporation with respect to such activities;
            (2) cooperate with the Secretary of the Interior and the 
        Corporation in carrying out its duties under this Act and, to 
        the maximum extent practicable, coordinate such activities with 
        the carrying out of such duties; and
            (3) to the maximum extent practicable, conduct or support 
        such activities in a manner which the Corporation determines 
        will not have an adverse affect on the Area.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act.

                                 <all>

S 1341 IS----2