[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2266 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2266

      To establish the Hudson River Valley American Heritage Area.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 6, 1995

 Mr. Hinchey (for himself, Mr. Gilman, and Mrs. Lowey) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
      To establish the Hudson River Valley American Heritage Area.
    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 ``Hudson River Valley American 
Heritage Area Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Hudson River Valley between Yonkers, New York, and 
        Troy, New York, possesses important historical, cultural, and 
        natural resources, representing themes of settlement and 
        migration, transportation, and commerce.
            (2) The Hudson River Valley played an important role in the 
        military history of the American Revolution.
            (3) The Hudson River Valley gave birth to important 
        movements in American art and architecture through the work of 
        Andrew Jackson Downing, Alexander Jackson Davis, Thomas Cole, 
        and their associates, and played a central role in the 
        recognition of the esthetic value of the landscape and the 
        development of an American esthetic ideal.
            (4) The Hudson River Valley played an important role in the 
        development of the iron, textile, and collar and cuff 
        industries in the 19th century, exemplified in surviving 
        structures such as the Harmony Mills complex at Cohoes, and in 
        the development of early men's and women's labor and 
        cooperative organizations, and is the home of the first women's 
        labor union and the first women's secondary school.
            (5) The Hudson River Valley, in its cities and towns and in 
        its rural landscapes--
                    (A) displays exceptional surviving physical 
                resources illustrating these themes and the social, 
                industrial, and cultural history of the 19th and early 
                20th centuries; and
                    (B) includes many National Historic Sites and 
                Landmarks.
            (6) The Hudson River Valley is the home of traditions 
        associated with Dutch and Huguenot settlements dating to the 
        17th and 18th centuries, was the locus of characteristic 
        American stories such as ``Rip Van Winkle'' and the ``Legend of 
        Sleepy Hollow'', and retains physical social, and cultural 
        evidence of these traditions and the traditions of other more 
        recent ethnic and social groups.
            (7) New York State has established a structure for the 
        Hudson River Valley communities to join together to preserve, 
        conserve, and manage these resources, and to link them through 
        trails and other means, in the Hudson River Greenway 
        Communities Council and the Greenway Conservancy.

SEC. 3. PURPOSES.

    The purposes of this Act are the following:
            (1) To recognize the importance of the history and the 
        resources of the Hudson River Valley to the Nation.
            (2) To assist the State of New York and the communities of 
        the Hudson River Valley in preserving, protecting, and 
        interpreting these resources for the benefit of the Nation.
            (3) To authorize Federal financial and technical assistance 
        to serve these purposes.

SEC. 4. HUDSON RIVER VALLEY AMERICAN HERITAGE AREA.

    (a) Establishment.--There is hereby established a Hudson River 
Valley American Heritage Area (in this Act referred to as the 
``Heritage Area'').
    (b) Boundaries.--
            (1) In general.--Except as otherwise provided in paragraph 
        (2), the Heritage Area shall be comprised of the counties of 
        Albany, Rensselaer, Columbia, Greene, Ulster, Dutchess, Orange, 
        Putnam, Westchester, and Rockland, New York, and the Village of 
        Waterford in Saratoga County, New York.
            (2) Local agreement to inclusion.--Each of the following 
        counties, cities, and towns in the State of New York shall not 
        be included within the boundaries of the Heritage Area unless 
        the government of such county, city, or town agrees to be so 
        included and submits notification of such agreement to the 
        Secretary:
                    (A) The counties of Greene and Columbia.
                    (B) Any city or town within the county of Greene or 
                Columbia.
                    (C) The counties of Rensselaer and Dutchess.
                    (D) Any city or town (except the town of Hyde Park) 
                within the county of Rensselaer or Dutchess and located 
                entirely within the 22d Congressional District of New 
                York.
    (c) Management Entities.--The management entities for the Heritage 
Area shall be the Hudson River Valley Greenway Communities Council and 
the Greenway Conservancy (agencies established by the State of New York 
in its Hudson River Greenway Act of 1991, in the Act referred to as the 
``management entities''). The management entities shall jointly 
establish a Heritage Area Committee to manage the Heritage Area.

SEC. 5. COMPACT.

    To carry out the purposes of this Act, the Secretary of the 
Interior (in this Act referred to as the Secretary) shall enter into a 
compact with the management entities. The compact shall include 
information relating to the objectives and management of the area, 
including the following:
            (1) A discussion of the goals and objectives of the 
        Heritage Area, including an explanation of a proposed approach 
        to conservation and interpretation, and a general outline of 
        the protection measures committed to by the parties to the 
        compact.
            (2) A description of the respective roles of the management 
        entities.
            (3) A list of the initial partners to be involved in 
        developing and implementing a management plan for the Heritage 
        Area, and a statement of the financial commitment of such 
        partners.
            (4) A description of the role of the State of New York.

SEC. 6. MANAGEMENT PLAN.

    The management entities shall develop a management plan for the 
Heritage Area that presents comprehensive recommendations for the 
Heritage Area's conservation, funding, management and development. Such 
plan shall take into consideration existing State, county, and local 
plans and involve residents, public agencies, and private organizations 
working in the Heritage Area. It shall include actions to be undertaken 
by units of government and private organizations to protect the 
resources of the Heritage Area. It shall specify the existing and 
potential sources of funding to protect, manage and develop the 
Heritage Area. Such plan shall include specifically as appropriate the 
following:
            (1) An inventory of the resources contained in the Heritage 
        Area, including a list of any property in the Heritage Area 
        that is related to the themes of the Heritage Area and that 
        should be preserved, restored, managed, developed, or 
        maintained because of its natural, cultural, historic, 
        recreational, or scenic significance.
            (2) A recommendation of policies for resource management 
        which consider and detail application of appropriate land and 
        water management techniques, including but not limited to, the 
        development of intergovernmental cooperative agreements to 
        protect the Heritage Area's historical, cultural, recreational, 
        and natural resources in a manner consistent with supporting 
        appropriate and compatible economic viability.
            (3) A program for implementation of the management plan by 
        the management entities, including plans for restoration and 
        construction, and specific commitments of the identified 
        partners for the first 5 years of operation.
            (4) An analysis of ways in which local, State, and Federal 
        programs may best be coordinated to promote the purposes of the 
        Act.
            (5) An interpretation plan for the Heritage Area.

SEC. 7. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITIES.

    (a) Authorities of the Management Entities.--The management 
entities may, for purposes of preparing and implementing the management 
plan under section 6, use Federal funds made available through this 
Act--
            (1) to make loans and grants to, and enter into cooperative 
        agreements with, States and their political subdivisions, 
        private organizations, or any person; and
            (2) to hire and compensate staff.
    (b) Duties of the Management Entities.--The management entities 
shall--
            (1) develop and submit to the Secretary for approval a 
        management plan as described in section 6 within 5 years after 
        the date of the enactment of this Act.
            (2) give priority to implementing actions as set forth in 
        the compact and the management plan, including taking steps 
        to--
                    (A) assist units of government, regional planning 
                organizations, and nonprofit organizations in 
                preserving the Heritage Area;
                    (B) assist units of government, regional planning 
                organizations, and nonprofit organizations in 
                establishing, and maintaining interpretive exhibits in 
                the Heritage Area;
                    (C) assist units of government, regional planning 
                organizations, and nonprofit organizations in 
                developing recreational resources in the Heritage Area;
                    (D) assist units of government, regional planning 
                organizations, and nonprofit organizations in 
                increasing public awareness of and appreciation for the 
                natural, historical and architectural resources and 
                sites in the Heritage Area;
                    (E) assist units of government, regional planning 
                organizations and nonprofit organizations in the 
                restoration of any historic building relating to the 
                themes of the Heritage Area;
                    (F) encourage by appropriate means economic 
                viability in the corridor consistent with the goals of 
                the Plan;
                    (G) encourage local governments to adopt land use 
                policies consistent with the management of the Heritage 
                Area and the goals of the plan; and
                    (H) assist units of government, regional planning 
                organizations and nonprofit organizations to ensure 
                that clear, consistent, and environmentally appropriate 
                signs identifying access points and sites of interest 
                are put in place throughout the Heritage Area;
            (3) consider the interests of diverse governmental, 
        business, and nonprofit groups within the Heritage Area;
            (4) conduct public meetings at least quarterly regarding 
        the implementation of the management plan;
            (5) submit substantial changes (including any increase of 
        more than 20 percent in the cost estimates for implementation) 
        to the management plan to the Secretary for the Secretary's 
        approval;
            (6) for any year in which Federal funds have been received 
        under this Act, submit an annual report to the Secretary 
        setting forth its accomplishments, its expenses and income, and 
        the entities to which any loans and grants were made during the 
        year for which the report is made; and
            (7) for any year in which Federal funds have been received 
        under this Act, make available for audit all records pertaining 
        to the expenditure of such funds and any matching funds, and 
        require, for all agreements authorizing expenditure of Federal 
        funds by other organizations, that the receiving organizations 
        make available for audit all records pertaining to the 
        expenditure of such funds.
If a management plan is not submitted to the Secretary as required 
under paragraph (1) within the specified time, the Heritage Area shall 
no longer qualify for Federal funding.
    (c) Prohibition on the Acquisition of Real Property.--The 
management entities may not use Federal funds received under this Act 
to acquire real property or an interest in real property. Nothing in 
this Act shall preclude any management entity from using Federal funds 
from other sources for their permitted purposes.
    (d) Eligibility for Receiving Financial Assistance.--
            (1) Eligibility.--The management entities shall be eligible 
        to receive funds appropriated through this Act for a period of 
        10 years after the day on which the compact under section 5 is 
        signed by the Secretary and the management entities, except as 
        provided in paragraph (2).
            (2) Exception.--The management entities' eligibility for 
        funding under this Act may be extended for a period of not more 
        than 5 additional years, if--
                    (A) the management entities determine such 
                extension is necessary in order to carry out the 
                purposes of this Act and notify the Secretary not later 
                than 180 days prior to the termination date;
                    (B) the management entities, not later than 180 
                days prior to the termination date, present to the 
                Secretary a plan of their activities for the period of 
                the extension, including provisions for becoming 
                independent of the funds made available through this 
                Act; and
                    (C) the Secretary, with the advice of the Governor 
                of New York approves such extension of funding.

SEC. 8. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Duties and Authorities of the Secretary.--
            (1) Technical and financial assistance.--
                    (A) In general.--The Secretary may, upon request of 
                the management entities, provide technical and 
                financial assistance to the Heritage Area to develop 
                and implement the management plan. In assisting the 
                Heritage Area, the Secretary shall give priority to 
                actions that in general assist in--
                            (i) conserving the significant natural, 
                        historic, and cultural resources which support 
                        its themes; and
                            (ii) providing educational, interpretive, 
                        and recreational opportunities consistent with 
                        its resources and associated values.
                    (B) Spending for nonfederally owned property.--The 
                Secretary may spend Federal funds directly on 
                nonfederally owned property to further the purposes of 
                this Act, especially in assisting units of government 
                in appropriate treatment of districts, sites, 
                buildings, structures, and objects listed or eligible 
                for listing on the National Register of Historic 
                Places.
            (2) Approval and disapproval of compacts, and management 
        plans.--
                    (A) In general.--The Secretary, in consultation 
                with the Governor of New York, shall approve or 
                disapprove a compact or management plan submitted under 
                this Act not later than 90 days after receiving such 
                compact or management plan.
                    (B) Action following disapproval.--If the Secretary 
                disapproves a submitted compact or management plan, the 
                Secretary shall advise the management entities in 
                writing of the reasons therefor and shall make 
                recommendations for revisions in the compact or plan. 
                The Secretary shall approve or disapprove a proposed 
                revision within 90 days after the date it is submitted.
            (3) Approving amendments.--The Secretary shall review 
        substantial amendments to the management plan for the Heritage 
        Area. Funds appropriated pursuant to this Act may not be 
        expended to implement the changes until the Secretary approves 
        the amendments.
            (4) Promulgating regulations.--The Secretary shall 
        promulgate such regulations as are necessary to carry out the 
        purposes of this Act.
    (b) Duties of Federal Entities.--Any Federal entity conducting or 
supporting activities directly affecting the Heritage Area, and any 
unit of government acting pursuant to a grant of Federal funds or a 
Federal permit or agreement conducting or supporting such activities, 
shall to the maximum extent practicable--
            (1) consult with the Secretary and the management entities 
        with respect to such activities;
            (2) cooperate with the Secretary and the management 
        entities in carrying out their duties under this Act and 
        coordinate such activities with the carrying out of such 
        duties; and
            (3) conduct or support such activities in a manner 
        consistent with the management plan unless the Federal entity, 
        after consultation with the management entities, determines 
        there is no practicable alternative.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Compacts and Management Plan.--From the amounts made available 
to carry out the National Historic Preservation Act, there is 
authorized to be appropriated to the Secretary, for grants for 
developing a compact under section 5 and providing assistance for a 
management plan under section 6, not more than $300,000, to remain 
available until expended, subject to the following conditions:
            (1) No grant for a compact or management plan may exceed 75 
        percent of the grantee's cost for such study, plan, or early 
        action.
            (2) The total amount of Federal funding for the compact for 
        the Heritage Area may not exceed $150,000.
            (3) The total amount of Federal funding for a management 
        plan for the Heritage Area may not exceed $150,000.
    (b) Management Entity Operations.--From the amounts made available 
to carry out the National Historic Preservation Act, there is 
authorized to be appropriated to the Secretary for the management 
entities, amounts as follows:
            (1) For the operating costs of each management entity, 
        pursuant to section 7, not more than $250,000 annually.
            (2) For technical assistance pursuant to section 8, not 
        more than $50,000 annually.
The Federal contribution to the operations of the management entities 
shall not exceed 50 percent of the annual operating costs of the 
entities.
    (c) Implementation.--From the amounts made available to carry out 
the National Historic Preservation Act, there is authorized to be 
appropriated to the Secretary, for grants and the administration 
thereof for the implementation of the management plans for the Heritage 
Area pursuant to section 8, not more than $10,000,000, to remain 
available until expended, subject to the following conditions:
            (1) No grant for implementation may exceed 50 percent of 
        the grantee's cost of implementation.
            (2) Any payment made shall be subject to an agreement that 
        conversion, use, or disposal of the project so assisted for 
        purposes contrary to the purposes of this Act, as determined by 
        the Secretary, shall result in a right of the United States of 
        reimbursement of all funds made available to such project or 
        the proportion of the increased value of the project 
        attributable to such funds as determined at the time of such 
        conversion, use, or disposal, whichever is greater.
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HR 2266 IH----2