[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1188 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1188

To provide for the preservation of the coal mining heritage of southern 
                 West Virginia, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 1995

  Mr. Rahall introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the preservation of the coal mining heritage of southern 
                 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 ``National Coal Heritage Area Act of 
1995''.

SEC. 2. FINDINGS.

    (a) Findings.--The Congress finds that:
            (1) Certain events that led to the development of southern 
        West Virginia's coalfields during the latter part of the 19th 
        Century and the early part of the current century are of 
        national historic and cultural significance in terms of their 
        contribution to the industrialization of the United States, the 
        organization of workers into trade unions and the unique 
        culture of the Appalachian Region.
            (2) It is in the national interest to preserve and protect 
        physical remnants of this era for the education and benefit of 
        present and future generations.
            (3) There is a need to provide assistance for the 
        preservation and promotion of those vestiges of southern West 
        Virginia's coal heritage which have outstanding cultural, 
        historic, and architectural values.

SEC. 3. ESTABLISHMENT.

    (A) In General.--For the purpose of preserving and interpreting for 
the educational and inspirational benefit of present and future 
generations certain lands and structures with unique and significant 
historic and cultural values associated with the coal mining heritage 
of the State of West Virginia and the Nation there is hereby 
established the National Coal Heritage Area (hereinafter in this Act 
referred to as the ``Area'').
    (b) Boundaries.--The Area shall be comprised of the counties in the 
State of West Virginia that are the subject of the study by the 
National Park Service, dated 1993, entitled ``A Coal Mining Heritage 
Study: Southern West Virginia'' conducted pursuant to title VI of 
Public Law 100-699
    (c) Administration.--The Area shall be administered in accordance 
with this Act.

SEC. 4. CONTRACTUAL AGREEMENT.

    The Secretary of the Interior (hereinafter referred to as the 
``Secretary'') is authorized to enter into a contractual agreement with 
the Governor of the State of West Virginia, acting through the Division 
of Culture and History and the Division of Tourism and Parks, pursuant 
to which the Secretary shall assist the State of West Virginia, its 
units of local government, and non-profit organizations in each of the 
following:
            (1) The development and implementation of integrated 
        cultural, historical, and land resource management policies and 
        programs in order to retain, enhance, and interpret the 
        significant values of the lands, waters, and structures of the 
        Area.
            (2) The preservation, restoration, maintenance, operation, 
        interpretation, and promotion of buildings, structures, 
        facilities, sites, and points of interest for public use that 
        possess cultural, historical, and architectural values 
        associated with the coal mining heritage of the Area.
            (3) The coordination of activities by Federal, State and 
        local governments and private businesses and organizations in 
        order to further historic preservation and compatible economic 
        revitalization.
            (4) The development of guidelines and standards for 
        projects, consistent with standards established by the National 
        Park Service, for the preservation and restoration of historic 
        properties, including interpretive methods, that will further 
        history preservation in the region.
            (5) The acquisition of real property, or interests in real 
        property, for public use by donation or by purchase, that 
        possess cultural, historical, and architectural values 
        associated with the coal mining heritage of the Area from a 
        willing seller with donated or appropriated funds.
            (6) The assistance referred to in section 7(d).

SEC. 5. ELIGIBLE RESOURCES.

    The resources eligible for the assistance under paragraphs (2) and 
(5) of section 4 shall include those set forth in appendix D of the 
study by the National Park Service, dated 1993, entitled ``A Coal 
Mining Heritage Study: Southern West Virginia'' conducted pursuant to 
title VI of Public Law 100-699. Priority consideration shall be given 
to those sites listed as ``Conservation Priorities'' and ``Important 
Historic Resources'' as depicted on the map entitled ``Study Area: 
Historic Resources'' in such study.

SEC. 6. COAL HERITAGE MANAGEMENT PLAN.

    (a) In General.--Pursuant to the contractual agreement referred to 
in section 4, within two years after the date of enactment of this Act, 
the Governor of the State of West Virginia, acting through the Division 
of Culture and History and the Division of Tourism and Parks, shall 
submit to the Secretary a Coal Heritage Management Plan for the Area. 
The plan shall at a minimum--
            (1) set forth the integrated cultural, historic, and land 
        resource management policies and programs referred to in 
        section 4;
            (2) describe the guidelines and standards for projects 
        referred to in section 4;
            (3) set forth the responsibilities of the State of West 
        Virginia, units of local government, non-profit entities or of 
        the Secretary to administer any properties acquired pursuant to 
        section 4; and
            (4) provide for the restoration, preservation, 
        interpretation, and administration of the historic, cultural, 
        and architectural resources of the Bramwell National Historic 
        Site.
    (b) Plan Approval.--The Secretary shall approve the plan submitted 
under subsection (a) unless he determines that it would not meet the 
objectives of this Act.

SEC. 7. DESIGNATION OF BRAMWELL NATIONAL HISTORIC SITE.

    (a) In General.--In order to preserve, restore, and interpret the 
unique historical, cultural, and architectural values of Bramwell, West 
Virginia, there is hereby established the Bramwell National Historic 
Site (hereinafter referred to as the ``Site'').
    (b) Area Included.--The Site shall consist of the lands and 
interests therein within the corporate limits of the town of Bramwell.
    (c) Administration.--The Site shall be administered by the State of 
West Virginia, an appropriate unit of local government, or a non-profit 
organization as determined by the management plan referred to in 
section 6.
    (d) Duties of the Secretary.--To carry out the purposes of this 
section, the Secretary shall assist in the implementation of the 
management plan referred to in section 6. Such assistance shall 
include, but necessarily be limited to--
            (1) faciliting the restoration, preservation, and 
        interpretation of the historic, cultural, and architectural 
        resources of the Site;
            (2) offsetting the costs of operating and maintaining the 
        Site; and
            (3) providing for the acquisition of land or interests in 
        land within the boundaries of the Site from willing sellers.
    (e) Property Owner Rights.--(1) Nothing in this section may be 
construed as authorizing access to private residential property within 
the Site for the purpose of conducting visitors through such property, 
or for any other purpose, without the advice and consent of the owner 
of such property.
    (2) The entity referred to in subsection (c) may mark, interpret, 
restore, and provide technical assistance for the preservation and 
interpretation of properties with historic or cultural significance 
within the Site only pursuant to cooperative agreements with the owners 
of such properties.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is hereby authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act, to remain available 
until expended.

SEC. 9. DESIGNATION OF MINERS' MARCH TRAIL AS A STUDY TRAIL.

    Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) 
is amended by adding at the end the following new paragraph:
    ``(  ) The route from Lens Creek near Marmet to Blair Mountain in 
West Virginia traveled by coal miners dramatizing the need for social 
justice between August 20, 1921, and September 4, 1921, during what is 
commonly known as the Battle of Blair Mountain.''.
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