[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1818 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 718

103d CONGRESS

  2d Session

                                S. 1818

_______________________________________________________________________

                                 A BILL

 To establish the Ohio & Erie Canal National Heritage Corridor in the 
 State of Ohio as an affiliated area of the National Park System, and 
                          for other purposes.

_______________________________________________________________________

            October 5 (legislative day, September 12), 1994

       Committee discharged; ordered to be placed on the calendar





                                                       Calendar No. 718
103d CONGRESS
  2d Session
                                S. 1818

 To establish the Ohio & Erie Canal National Heritage Corridor in the 
 State of Ohio as an affiliated area of the National Park System, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 2 (legislative day, January 25), 1994

  Mr. Metzenbaum (for himself and Mr. Glenn) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

            October 5 (legislative day, September 12), 1994

       Committee discharged; ordered to be placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To establish the Ohio & Erie Canal National Heritage Corridor in the 
 State of Ohio as an affiliated area of the National Park System, 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 ``Ohio & Erie Canal National Heritage 
Corridor Act of 1994''.

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 was part of a canal network in 
        Ohio that was one of the most extensive and successful systems 
        in America during a time when canals were essential to the 
        growth of the Nation.
            (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 determined that the Ohio & 
        Erie Canal is 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'' 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 generations 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 assist the State 
        of Ohio and its political subdivisions in developing and 
        implementing an integrated Corridor Management Plan and 
        developing policies and programs that will preserve, enhance, 
        and interpret the cultural, historical, natural, recreation, 
        and scenic 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 under section 4;
            (2) the term ``Commission'' means the Ohio & Erie Canal 
        National Heritage Corridor Commission established under section 
        5; and
            (3) the term ``Corridor Management Plan'' means the 
        management plan developed under section 8.

SEC. 4. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR.

    (a) Establishment.--There is established in the State of Ohio the 
Ohio & Erie Canal National Heritage Corridor.
    (b) Boundaries.--
            (1) In general.--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 entitled ``A Route to Prosperity''.
            (2) Detail.--The boundaries shall be specified in detail in 
        the Corridor Management Plan, prepared and approved pursuant to 
        section 7(a).
    (c) Administration.--The corridor shall be administered in 
accordance with this Act.

SEC. 5. THE OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR COMMISSION.

    (a) Establishment.--
            (1) In general.--There is established the Ohio & Erie Canal 
        National Heritage Corridor Commission.
            (2) Responsibilities.--The Commission shall assist Federal, 
        State, and local authorities and the private sector in 
        developing and implementing an integrated management plan for 
        the corridor.
    (b) Membership.--The Commission shall be composed of 21 members, 
including--
            (1) the Director of the National Park Service, ex officio, 
        or a delegate of the Director;
            (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 municipality 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 Director 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 corridor, appointed by the 
        Secretary from recommendations made by the Director of the Ohio 
        Department of Travel and Tourism; and
            (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) Period of Appointment.--
            (1) In general.--Except as provided in paragraph (2), 
        members of the Commission shall be appointed for terms of 3 
        years and may be reappointed after the expiration of each term.
            (2) Initial appointments.--The Secretary shall appoint the 
        initial members of the Commission not later than 6 months after 
        the date of enactment of this Act. Of the members first 
        appointed--
                    (A) the members appointed pursuant to subsection 
                (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 subsection 
                (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 subsections 
                (b)(5) and (b)(8) shall be appointed to a term of 2 
                years and may be reappointed.
    (d) Vacancies.--
            (1) In general.--Except as provided in paragraph (2), a 
        vacancy in the Commission shall be filled in the manner in 
        which the original appointment was made.
            (2) Limitations.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        predecessor of such vacancy was appointed shall be appointed 
        only for the remainder of such term. Any member of the 
        Commission appointed for a definite term may serve after the 
        expiration of the term until a successor has taken office.
    (e) Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        who is not an officer or employee of the Federal Government 
        shall serve without compensation. Each member of the Commission 
        who is an officer or employee of the Federal Government shall 
        serve without compensation in addition to that received for 
        their service as officers or employees of the Federal 
        Government.
            (2) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for persons employed 
        intermittently in the Government service under section 5703 of 
        title 5, United States Code.
    (f) Chairperson.--The members of the Commission shall elect a 
Chairperson from among the members of the Commission. The Chairperson 
shall serve in such capacity until the expiration of the term of the 
member elected as Chairperson.
    (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 members. Meetings of the 
Commission shall be subject to section 552b of title 5, United States 
Code (relating to open meetings).
    (i) Staff.--
            (1) In general.--The Commission may, without regard to 
        civil service laws and regulations, appoint and fix the 
        compensation of such staff as may be necessary to enable the 
        Commission to carry out its duties. The Commission shall 
        appoint a Director and such specialists the Commission 
        considers necessary or appropriate in such areas as planning, 
        community development, interpretive services, historic 
        preservation, recreation, natural resources, commerce and 
        industry, education, financing, and public relations.
            (2) Compensation.--The Commission may fix the compensation 
        of the Director and other personnel without regard to the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that no 
        individual so appointed may receive pay in excess of the annual 
        rate payable for grade GS-15 of the General Schedule.
    (j) Experts and Consultants.--Subject to such rules as may be 
adopted by the Commission, the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, at rates determined by the Commission to be reasonable.
    (k) Detail of Government Employees.--Upon request of the 
Commission, the head of any Federal agency may detail, on a 
reimbursable basis, the personnel of such agency to the Commission to 
assist the Commission in carrying out its duties. The Commission may 
accept the services of personnel detailed from the State of Ohio, and 
any political subdivision thereof, and may reimburse the State or 
political subdivision for the services.
    (l) Administrative Support.--The Administrator of General Services 
shall provide such administrative support services as the Commission 
may request, on a reimbursable basis.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may, for the purpose 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 appropriate. The Commission may not issue subpoenas or 
exercise subpoena authority.
    (b) Bylaws.--The Commission may make such bylaws, 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 member 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 conditions as other departments and 
agencies of the United States.
    (e) Use of Funds To Obtain Money.--The Commission 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 services.
    (g) Gifts.--Except as provided in subsection (h), the Commission 
may, for the purposes of carrying out its duties, seek, accept, and 
dispose of gifts, bequests, or donations 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 Commission shall 
be deemed to be a gift to the United States.
    (h) Acquisition and Disposition of Real Property.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the Commission may not acquire real property, or interests 
        in real property, in the corridor.
            (2) Conditions for acquisition.--Subject to paragraph (3), 
        the Commission may acquire real property, or interests in real 
        property, in the corridor--
                    (A) by gift or devise;
                    (B) by purchase from a willing seller using donated 
                or appropriated land acquisition funds; or
                    (C) by exchange.
            (3) Conveyance.--Any real property or interest in real 
        property acquired by the Commission under paragraph (2) shall 
        be conveyed by the Commission to an appropriate public agency 
        or private nonprofit organization, as determined by the 
        Commission--
                    (A) as soon as practicable after such acquisition; 
                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) Disposal of property.--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 Assistance.--For the 
purposes of implementing the Corridor Management Plan, the Commission 
may enter cooperative agreements with, or provide technical assistance 
to, Federal agencies, the State of Ohio, political subdivisions of the 
State, corporations, and persons. Any such cooperative agreement shall, 
at a minimum, establish procedures for providing notice to the 
Commission of any action proposed 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 Corridor 
Management Plan.
    (j) Loans and Grants.--Consistent with the purposes 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 assistance 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 this Act. Any loan made under this subsection 
shall be for a term expiring before the termination of the Commission.
    (k) Technical Advisory Groups.--Not later than 1 year after the 
date on which the Commission holds its first meeting, the Commission 
shall establish public technical advisory groups to assist the 
Commission in carrying out its duties in the areas of economic 
development, historic preservation, natural resources, tourism, 
recreation and open space, and transportation. The Commission 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 affect or to authorize the Commission to 
interfere with--
            (1) the rights of any person with respect to private 
        property; or
            (2) any local zoning ordinance or land use plan of the 
        State of Ohio or a political subdivision of such State.

SEC. 7. DUTIES OF THE COMMISSION.

    (a) Corridor Management Plan.--
            (1) Period for development.--Not later than 18 months after 
        the date on which the Commission conducts 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 assistance to the Commission 
        in the preparation and implementation of the plan.
            (3) Plan requirements.--The plan shall take into 
        consideration State, county, and local plans existing on the 
        date on which the plan is prepared, and public involvement. The 
        plan shall--
                    (A) provide an inventory that includes any property 
                in the corridor that should be preserved, restored, 
                managed, developed, or maintained because of its 
                natural, cultural, historic, recreational, or scenic 
                significance;
                    (B) provide an analysis of current and potential 
                land uses within the corridor that affect the character 
                of the corridor;
                    (C) determine the boundaries of the corridor based 
                on the information collected pursuant to subparagraphs 
                (A) and (B);
                    (D) establish standards and criteria applicable to 
                the construction, preservation, restoration, 
                alteration, and use of significant properties within 
                the corridor;
                    (E) include a heritage interpretation plan to 
                interpret the resources and values of the corridor, and 
                provide for appropriate educational, recreational, and 
                tourism opportunities and development;
                    (F) contain policies for land use management that 
                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 historic, cultural, natural, scenic, and 
                recreational resources of the corridor in a manner 
                consistent with supporting economic development 
                efforts;
                    (G) include a public access and transportation plan 
                that 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 coordinated to promote the 
                purposes of this Act; and
                    (I) contain a Federal, State, and local government 
                implementation plan that includes cost estimates, 
                schedules, and a commitment of resources for its 
                accomplishment.
    (b) Approval of the Plan by Secretary.--
            (1) In general.--Not later than 90 days after receiving the 
        plan from the Commission, the Secretary shall approve or 
        disapprove a plan submitted under subsection (a).
            (2) Criteria for decision.--The Secretary shall approve a 
        plan only if the Secretary finds that the plan, if implemented, 
        would adequately protect the significant natural, cultural, 
        historic, recreational, and scenic resources of the corridor.
            (3) Factors relating to approval.--In determining whether 
        or not to approve the plan, the Secretary shall consider 
        whether--
                    (A) the Commission has afforded adequate 
                opportunity for public involvement in the preparation 
                of the plan; and
                    (B) adequate assurances have been received 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 implementation of the Federal, State, and 
                local aspects of the plan.
            (4) Disapproval.--
                    (A) In general.--If the Secretary disapproves the 
                plan, the Secretary shall advise the Commission, in 
                writing, of the reasons for the disapproval, and shall 
                make recommendations for revisions.
                    (B) Resubmission.--Not later than 6 months after 
                the Commission receives notice of disapproval, the 
                Commission shall resubmit the plan to the Secretary, 
                who shall approve or disapprove the plan as revised in 
                accordance with paragraphs (1) through (3).
    (c) Priority Actions Under Implementation of the Plan.--
            (1) In general.--After approval of the plan under 
        subsection (b), the Commission shall give priority to actions 
        that--
                    (A) preserve and enhance the significant cultural 
                and natural resources of the corridor;
                    (B) promote and provide educational, interpretive, 
                and recreational opportunities consistent with the 
                resources and associated values of the corridor; and
                    (C) support 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 subdivisions 
                and the private sector preserve and enhance the Ohio & 
                Erie Canal and related resources;
                    (B) assisting the State and political subdivisions 
                and the private sector in appropriate treatment of 
                historic districts, sites, buildings, structures, and 
                objects listed or eligible for listing on the National 
                Register of Historic Places;
                    (C) assisting the State and political subdivisions 
                and the private sector design, construct, and maintain 
                appropriate visitor use facilities, interpretive 
                exhibits, tour routes and coordinated signs through the 
                corridor;
                    (D) assisting in the enhancement of public 
                awareness and appreciation for historical, cultural, 
                natural, recreational, and scenic resources and 
                associated values of the corridor;
                    (E) encouraging the conservation of natural 
                resources and historic and scenic landscapes;
                    (F) encouraging enhanced recreational opportunities 
                and economic development in the corridor in furtherance 
                of the goals of the plan; and
                    (G) encouraging local governments to adopt policies 
                consistent with the goals of the plan and to take 
                actions to implement the policies.
    (d) Annual Reports.--
            (1) Commission.--The Commission shall submit 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 Congress describing the loans, grants, and technical 
        assistance provided under this Act. The 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 this Act.

SEC. 8. TERMINATION OF THE COMMISSION.

    (a) Termination.--Except as provided in subsection (b), the 
Commission shall terminate on the date that is 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 government 
agency, to a private nonprofit organization referred 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 5 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 this Act;
            (2) the Commission submits the proposed extension 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 Secretary and the Governor of the State of Ohio 
        each approve such extension.

SEC. 9. DUTIES OF THE SECRETARY.

    (a) Technical Assistance.--The Secretary may, upon request of the 
Commission, provide technical assistance 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 management, environmental and 
        historical compliance, and land acquisition.
    (b) Assistance of the Cuyahoga Valley National Recreation Area.--
            (1) In general.--Upon request of the Commission, and 
        subject to the availability of funds directly appropriated for 
        this purpose, or made available on a reimbursable basis, the 
        Secretary shall provide technical, financial, development, and 
        operations assistance through the Cuyahoga Valley National 
        Recreation Area. Such assistance may include--
                    (A) administrative support, such as office space 
                and equipment;
                    (B) personnel;
                    (C) planning and design services for visitor use 
                facilities, trails, interpretive exhibits, 
                publications, signs, and natural resource management;
                    (D) development and construction assistance, 
                including visitor use facilities, trails, excursion 
                passenger rail facilities, river use and access 
                facilities, scenic byways, signs, waysides, and 
                rehabilitation of historic structures; and
                    (E) operations functions, including interpretation 
                and visitor services, maintenance, natural resource 
                management, and law enforcement services conducted 
                within the boundaries of the corridor.
            (2) Cooperative agreements.--For the purposes of providing 
        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 boundaries of the Cuyahoga Valley National Recreation Area 
that 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. 10. DUTIES OF OTHER FEDERAL ENTITIES.

    Any Federal entity conducting or supporting activities directly 
affecting the corridor and any entity of the State of Ohio or a 
political subdivision of the State of Ohio acting pursuant to a grant 
of Federal funds or a Federal permit or agreement supporting such 
activities, shall--
            (1) consult with the Secretary and the Commission appointed 
        for the corridor with respect to such activities;
            (2) cooperate with the Secretary and the Commission in 
        carrying out their duties under this Act and, to the maximum 
        extent practicable, coordinate such activities; and
            (3) conduct or support such activities in a manner which 
        the Commission determines will not have an adverse effect on 
        the corridor.

SEC. 11. COST SHARE.

    (a) Federal Share.--The Federal share of the funding provided to 
the Commission to carry out this Act may not exceed 50 percent of the 
total cost of--
            (1) the annual administrative expenditures of the 
        Commission;
            (2) the annual development expenditures of the Commission 
        to implement the Corridor Management Plan; and
            (3) the annual land acquisition expenditures of the 
        Commission.
    (b) Non-Federal Share.--The non-Federal share of the funding of the 
Commission may be in the form of cash, services, or in-kind 
contributions, fairly valued.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Commission--
            (1) for the administrative expenses of the Commission, 
        $400,000 per year;
            (2) for planning, design, construction, grants, and loans 
        to implement the approved Corridor Management Plan, $1,500,000 
        per year, to remain available until expended; and
            (3) for the acquisition of real property consistent with 
        the implementation of the Corridor Management Plan, subject to 
        section 7(b), $250,000 per year, to remain available until 
        expended.
    (b) Limitation.--No amount shall be expended prior to the date on 
which the Secretary approves the Corridor Management Plan, except that 
the Commission may expend funds prior to such time for--
            (1) an 87-mile multiple use trail connecting Cleveland and 
        Zoar, Ohio;
            (2) 2 Heritage Visitor Centers located proximate to the 
        route of the Ohio and Erie Canal between Cleveland and Zoar;
            (3) excursion passenger rail facilities for the Cuyahoga 
        Valley National Recreation Area provided by the nonprofit 
        Cuyahoga Valley Scenic Railroad along rail routes connecting 
        Cleveland and Zoar;
            (4) the rehabilitation of sites, structures, and buildings 
        listed or eligible for listing on the National Register of 
        Historic Places that are located proximate to the route of the 
        Ohio and Erie Canal and that may be threatened with loss or 
        demolition; and
            (5) acquisition of property, only if such property is 
        proximate to the route of the Ohio & Erie Canal and is 
        threatened by inappropriate development or treatment.
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