[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2037 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2037

  To establish the South Carolina National Heritage Corridor, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 21 (legislative day, April 11), 1994

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

_______________________________________________________________________

                                 A BILL


 
  To establish the South Carolina National Heritage Corridor, 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 ``South Carolina National Heritage 
Corridor Act of 1994''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The South Carolina National Heritage Corridor, more 
        than 250 miles in length, possesses a wide diversity of 
        significant rare plants, animals, and ecosystems, agricultural 
        and timber lands, shellfish harvesting areas, historic sites 
        and structures, and cultural and multicultural landscapes 
        related to the past and current commerce, transportation, 
        maritime, textile, agricultural, mining, cattle, pottery, and 
        national defense industries of the region which provide 
        significant ecological, natural, tourism, recreational, timber 
        management, educational, and economic benefits.
            (2) There is a national interest in protecting, conserving, 
        restoring, promoting, and interpreting the benefits of the 
        region for the residents of, and visitors to, the Corridor 
        area.
            (3) A primary responsibility for conserving, preserving, 
        protecting, and promoting the benefits resides with the State 
        of South Carolina and the various local units of government 
        having jurisdiction over the corridor area.
            (4) In view of the longstanding Federal practice of 
        assisting the States in creating, protecting, conserving, 
        preserving, and interpreting areas of significant natural and 
        cultural importance, and in view of the national significance 
        of the Corridor, the Federal Government has an interest in 
        assisting the State of South Carolina, the units of local 
        government of the State, and the private sector in fulfilling 
        their responsibilities.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To protect, preserve, conserve, restore, promote, and 
        interpret the significant land and water resource values and 
        functions of the Corridor.
            (2) To encourage and support, through financial and 
        technical assistance, the State of South Carolina and the units 
        of local government of the State and the private sector in the 
        development of a management action plan for the Corridor to 
        ensure coordinated public and private action in the Corridor 
        area in a manner consistent with subsection (a).
            (3) To provide during the development of an integrated 
        Corridor Management Action Plan, Federal financial and 
        technical assistance for the protection, preservation, and 
        conservation of land and water areas in the Corridor that are 
        in danger of being adversely affected or destroyed.
            (4) To encourage and assist the State and the units of 
        local government of the State to identify the full range of 
        public and private technical and financial assistance programs 
        and services available to implement the Plan.
            (5) To encourage adequate coordination of all government 
        programs affecting the land and water resources of the 
        Corridor.
            (6) To develop a management framework with the State of 
        South Carolina and the units of local government of the State 
        for--
                    (A) planning and implementing the Plan; and
                    (B) developing policies and programs that will 
                preserve, conserve, protect, restore, enhance, and 
                interpret the cultural, historical, natural, economic, 
                recreation, and scenic resources of the Corridor.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Commission.--The term ``Commission'' means the South 
        Carolina National Heritage Corridor Commission established 
        under section 5.
            (2) Corridor.--The term ``Corridor'' means the South 
        Carolina National Heritage Corridor established under section 
        4.
            (3) Corridor management action plan.--The term ``Corridor 
        Management Action Plan'' or ``Plan'' means the management 
        action plan developed pursuant to section 7.
            (4) Governor.--The term ``Governor'' means the Governor of 
        the State of South Carolina.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR.

    (a) Establishment.--There is established in the State of South 
Carolina the South Carolina National Heritage Corridor.
    (b) Boundaries.--
            (1) In general.--The boundaries of the corridor are 
        predominately the western counties of the State of South 
        Carolina, extending from the western Piedmont along the 
        Savannah Valley to Augusta, Georgia, along the route of the old 
        Southern Railroad, along the Ashley River to Charleston.
            (2) Included counties.--The Corridor shall consist of the 
        following counties of South Carolina, in part or in whole, as 
        the Commission may specify upon the recommendation of the units 
        of local government within the corridor area:
                    (A) Oconee.
                    (B) Pickens.
                    (C) Anderson.
                    (D) Abbeville.
                    (E) Greenwood.
                    (F) McCormick.
                    (G) Edgefield.
                    (H) Aiken.
                    (I) Barnwell.
                    (J) Orangeburg.
                    (K) Bamberg.
                    (L) Dorchester.
                    (M) Colleton.
                    (N) Charleston.
            (3) Detail.--The boundaries shall be specified in detail in 
        the Corridor Management Action Plan prepared and approved 
        pursuant to this Act.

SEC. 5. THE SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR COMMISSION.

    (a) Establishment.--
            (1) In general.--There is established the South Carolina 
        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 action 
        plan for the Corridor.
    (b) Membership.--The Commission shall be composed of 23 members, 
appointed by the Secretary as follows:
            (1) The Director of the National Park Service, ex officio, 
        or a delegate of the Director.
            (2) Six members shall be appointed from nominations 
        submitted by the Governor, as follows:
                    (A) One member shall represent the interests of the 
                South Carolina Department of Parks, Recreation, and 
                Tourism or a successor agency of the Department.
                    (B) One member shall represent the South Carolina 
                Department of Natural Resources or a successor agency 
                of the Department.
                    (C) One member shall represent the South Carolina 
                Arts Commission or a successor agency of the 
                Commission.
                    (D) One member shall represent the South Carolina 
                Museum Commission or a successor agency of the 
                Commission.
                    (E) One member shall represent the South Carolina 
                State Historic Preservation Office or a successor 
                agency of the Office.
                    (F) One member shall represent the South Carolina 
                Department of Commerce or a successor agency of the 
                Department.
            (3) Fourteen members shall be appointed from nominations 
        submitted by the county commissioners of which one member shall 
        be appointed from each of the counties of Oconee, Pickens, 
        Anderson, Abbeville, Greenwood, McCormick, Edgefield, Aiken, 
        Barnwell, Orangeburg, Bamberg, Dorchester, Colleton, and 
        Charleston of the State of South Carolina. The nominations 
        submitted by each county shall be based upon recommendations 
        from community visitor councils located within the county.
            (4) One member with knowledge and experience in the field 
        of historic preservation, shall be appointed from nominations 
        submitted by the Director of the National Park Service.
            (5) One member shall be appointed from recommendations 
        submitted by the South Carolina Downtown Development 
        Association.
    (c) Period of Appointment.--
            (1) In general.--Except as provided in paragraph (2), each 
        member of the Commission shall be appointed to serve for a term 
        of 3 years and, on the expiration of a term, may be reappointed 
        to serve for one or more additional terms.
            (2) Limited appointments.--The members appointed pursuant 
        to paragraphs (2), (4), and (5) of subsection (b) shall be 
        appointed to serve for a term of 2 years and, on the expiration 
        of a term, may be reappointed to serve for one or more 
        additional terms.
    (d) Initial Appointments.--Not later than 180 days after the date 
of enactment of this Act, the Secretary shall appoint the initial 
members of the Commission.
    (e) Vacancies.--Any vacancy in the Commission shall be filled in 
the same manner in which the initial appointment was made. Any member 
of the Commission appointed to fill a vacancy shall serve for the 
remainder of the term for which the initial member was appointed. Any 
member of the Commission appointed for a definite term may serve after 
the expiration of the term until a successor is appointed.
    (f) Chairperson.--The members of the Commission shall elect a 
Chairperson from among the members of the Commission. The Chairperson 
shall serve as Chairperson for the duration of the term for which the 
Chairperson was appointed.
    (g) Quorum.--A simple majority of Commission members shall 
constitute a quorum, but a lesser number may hold public meetings. 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 or at 
the call of the Chairperson or a majority of its members. Meetings of 
the Commission shall be subject to section 552b of title 5, United 
States Code (relating to open meetings).
    (i) 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 compensation received 
        for service as officers or employees of the Federal Government.
            (2) Travel expenses.--The members of the Commission, when 
        engaged in Commission business, 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.
    (j) 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 may appoint 
        a Director and other officers as the Commission considers 
        necessary or appropriate. The Commission may appoint to the 
        staff such specialists as the Commission considers necessary or 
        appropriate to carry out the duties of the Commission, 
        including specialists in the areas of 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.
    (k) 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.
    (l) 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 the duties of the Commission. The 
Commission may accept the services of personnel detailed from the State 
of South Carolina, or any political subdivision of such State, and may 
reimburse the State or political subdivision for the services.
    (m) 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) Public Meetings.--The Commission may, for the purpose of 
carrying out this Act, hold such public meetings, 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 under this section.
    (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.--Notwithstanding any other provision of law, the 
Commission may seek and accept gifts, bequests, and donations of funds, 
property, or services from private individuals, foundations, 
corporations, and other private entities, and from public entities for 
the purpose of carrying out its duties. For purposes of section 170(c) 
of the Internal Revenue Code of 1986, any donation 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.
            (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 that are consistent with this Act.
            (4) Disposal of property.--The Commission may with approval 
        of the Secretary, sell any real property or interest in real 
        property acquired pursuant to subparagraphs (A) and (B) of 
        paragraph (2) and retain the revenue from the sale.
    (i) Technical Assistance.--For the purposes of implementing the 
Corridor Management Action Plan, the Commission may provide technical 
assistance to Federal agencies, the State of South Carolina, political 
subdivisions of the State, and persons (including corporations).
    (j) Advisory Groups.--The Commission may establish public technical 
advisory groups to assist the Commission in carrying out the duties of 
the Commission with respect to the areas of economic development, 
historic preservation, natural resources, tourism, recreation and open 
space, and transportation. The Commission may establish such additional 
advisory groups as are necessary to carry out the duties of the 
Commission and ensure open communication with and assistance from 
interested persons (including organizations), the State of South 
Carolina, and political subdivisions of the State.
    (k) Local Authority and Private Property Rights.--Nothing in this 
Act is intended 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 land use ordinance or plan of the State of 
        South Carolina or a political subdivision of the State.

SEC. 7. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall exercise powers authorized by 
section 6 to coordinate activities of Federal, State, and local 
governments and private businesses and organizations to further 
historic preservation, cultural conservation, natural area protection, 
soil conservation, timber management, and economic development in a 
manner consistent with this Act and in accordance with the Plan 
developed pursuant to subsection (b).
    (b) Corridor Management Action 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 Corridor Management Action Plan 
        for the Corridor to the Secretary and to the Governor for 
        review and approval.
            (2) Plan requirements.--The Plan shall take into 
        consideration State, county, and local plans existing on the 
        date on which the Plan is prepared. The Plan shall--
                    (A) provide an inventory that includes any real 
                property in the Corridor that should be conserved, 
                protected, preserved, restored, managed, developed, or 
                maintained because of the natural, cultural, historic, 
                recreational, or scenic significance of the property;
                    (B) provide an analysis of then current and 
                potential land uses within the corridor that affect the 
                character of the Corridor;
                    (C) determine the boundaries of the Corridor on 
                basis of the information collected pursuant to 
                subparagraphs (A) and (B);
                    (D) recommend advisory standards and criteria 
                applicable to the construction, preservation, 
                restoration, alteration, and use of real property of 
                natural, cultural, historic, recreational, or scenic 
                significance within the corridor;
                    (E) include a heritage interpretation plan to 
                interpret the resources and values of the Corridor, and 
                to provide for appropriate educational, recreational, 
                and tourism opportunities and development of the 
                Corridor;
                    (F) identify the full range of public and private 
                technical and financial assistance programs available 
                to implement the Plan, and detail how appropriate 
                Federal, State, and local programs may best be 
                coordinated to promote the purposes of this Act; and
                    (G) contain a coordinated implementation plan 
                that--
                            (i) specifies the activities of Federal, 
                        State, and local governments; and
                            (ii) includes cost estimates, schedules, 
                        and a commitment of resources for the 
                        accomplishment of the implementation plan.
    (c) Approval of the Plan.--
            (1) Approval by the governor.--Not later than 60 days after 
        receiving a Plan submitted by the Commission pursuant to 
        subsection (b), the Governor shall approve or disapprove the 
        Plan.
            (2) Approval by the secretary.--A Plan approved by the 
        Governor under paragraph (1) shall be submitted to the 
        Secretary for approval or disapproval. Not later than 30 days 
        after receipt of the Plan, the Secretary shall approve or 
        disapprove the Plan.
            (3) Criteria for decision.--The Governor and the Secretary 
        shall approve a Plan if--
                    (A) the Plan will adequately protect the 
                significant natural, cultural, historic, recreational, 
                and scenic resource values and functions of the 
                Corridor;
                    (B) the Commission has afforded adequate 
                opportunity for public involvement in the preparation 
                of the Plan; and
                    (C) the Secretary and the Governor receive adequate 
                assurances from appropriate officials of the State of 
                South Carolina that the recommended implementation 
                program identified in the Plan will be initiated within 
                a reasonable time after the date of approval of the 
                Plan.
    (d) Disapproval of Plan.--
            (1) In general--If either the Secretary or the Governor 
        disapproves a Plan, the Secretary or the Governor, as 
        appropriate, shall--
                    (A) advise the Commission in writing of the reasons 
                for the disapproval; and
                    (B) recommend revisions to the Plan.
            (2) Revision of disapproved plan.--Not later than 90 days 
        after the receipt of a notice of disapproval under paragraph 
        (1), the Commission shall revise and resubmit the Plan for 
        approval in accordance with subsection (c).
    (e) Implementation of Plan.--
            (1) In general.--After the Secretary and the Governor 
        review and approve a Plan, the Commission shall implement the 
        Plan by taking appropriate steps to--
                    (A) conserve, protect, restore, preserve, and 
                interpret the natural, cultural, and historic resources 
                of the Corridor;
                    (B) promote the educational and recreational 
                resources and opportunities with respect to the 
                Corridor that are consistent with the resources of the 
                Corridor; and
                    (C) support public and private efforts to achieve 
                economic revitalization, in a manner consistent with 
                the goals of the Plan.
            (2) Steps.--The steps referred to in paragraph (1) may 
        include--
                    (A) assisting State and local governmental entities 
                and nonprofit organizations in planning and 
                implementing programs, projects, or activities in a 
                manner consistent with this Act, including visitor use 
                facilities, tour routes, and exhibits;
                    (B) encouraging, by appropriate means, enhanced 
                economic development in the corridor in a manner 
                consistent with the goals of the Plan; and
                    (C) promoting public awareness and appreciation for 
                historical, cultural, natural, recreational, and scenic 
                resources and associated values of the Corridor.
    (f) Annual Reports.--
            (1) Report of the commission.--As soon as practicable after 
        the end of the first fiscal year during which the Commission is 
        established, and annually thereafter, the Commission shall 
        submit a report to the Secretary. The report shall describe, 
        for the fiscal year that is the subject of the report--
                    (A) the expenses and income of the Commission; and
                    (B) a general description of the activities of the 
                Commission.
            (2) Report of the secretary.--As soon as practicable after 
        the date on which the Commission submits a report to the 
        Secretary under paragraph (1), the Secretary shall submit a 
        report to Congress that includes--
                    (A) for the fiscal year that is the subject of the 
                report--
                            (i) a description of the loans, grants, and 
                        technical assistance provided by the Secretary, 
                        and from other Federal and non-Federal sources, 
                        to carry out the purposes of this Act; and
                            (ii) an analysis of the adequacy of actions 
                        taken to carry out this Act; and
                    (B) the anticipated funds and personnel to be made 
                available to carry out this Act by the Secretary for 
                the fiscal year following the fiscal year that is the 
                subject of the report.

SEC. 8. TERMINATION OF THE COMMISSION.

    (a) Termination.--
            (1) In general.--Except as provided in subsection (b), the 
        Commission shall terminate on the date that is 12 years after 
        the date of enactment of this Act.
            (2) Transfer of property.--Notwithstanding the provisions 
        of the Federal Property and Administrative Services Act of 1949 
        (40 U.S.C. 471 et seq.), any property or funds of the 
        Commission remaining upon the expiration of the Commission 
        shall be transferred by the Commission to the Secretary, 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 
        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 Resources of the Senate 
        before the termination date; and
            (3) the Secretary and the Governor each approve such 
        extension.

SEC. 9. DUTIES OF THE SECRETARY.

    (a) Assistance.--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 
administrative, technical, financial, development, and operations 
assistance. Such assistance may include--
            (1) general administrative support in planning, finance, 
        personnel, procurement, property management, environmental and 
        historical compliance, and land acquisition;
            (2) personnel;
            (3) office space and equipment;
            (4) planning and design services for visitor use 
        facilities, trails, interpretive exhibits, publications, signs, 
        and natural resource management;
            (5) development and construction assistance, including 
        visitor use facilities, trails, river use and access 
        facilities, scenic byways, signs, waysides, and rehabilitation 
        of historic structures; and
            (6) operations functions, including interpretation and 
        visitor services, maintenance, and natural resource management 
        services conducted within the boundaries of the corridor.
    (b) Loans, Grants, and Cooperative Agreements.--For the purposes of 
assisting in the development and implementation of the Plan, the 
Secretary may, in consultation with the Commission, make loans and 
grants to, and enter into cooperative agreements with, the State of 
South Carolina (or a political subdivision thereof), private nonprofit 
organizations, corporations, or any 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 Action Plan.

SEC. 10. DUTIES OF OTHER FEDERAL ENTITIES.

    Any Federal entity conducting or supporting activities directly 
affecting the corridor shall--
            (1) consult with the Secretary and the Commission 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 with the 
        carrying out of such duties; and
            (3) to the maximum extent practicable, conduct or support 
        such activities in a manner which the Commission determines 
        will not have an adverse effect on the corridor.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsection (b), there are authorized to 
be appropriated such sums as are necessary to carry out this Act.
    (b) Cost Sharing.--
            (1) Federal share.--The Federal share of the funding 
        provided to the Commission to carry out this Act for any year 
        may not exceed 50 percent of the total cost of--
                    (A) the expenditures of the Commission for 
                administrative matters for that year;
                    (B) the expenditures of the Commission for the 
                development and implementation of the Corridor 
                Management Action Plan for that year; and
                    (C) the expenditures of the Commission for land 
                acquisition for that year.
            (2) Nonfederal share.--The non-Federal share of the 
        expenditures referred to subparagraphs (A), (B), and (C) of 
        paragraph (1) may be in the form of cash, services, or in-kind 
        contributions, fairly valued.

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