[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3596 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3596

 To provide for the establishment of the Oil Region National Heritage 
                     Area, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 1996

 Mr. Clinger (for himself and Mr. English of Pennsylvania) introduced 
  the following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the establishment of the Oil Region National Heritage 
                     Area, 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 ``Oil Region National Heritage Area 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) the Oil Region of Northwestern Pennsylvania, with 
        numerous sites and districts listed on the National Register of 
        Historic Places, and designated by the Governor of Pennsylvania 
        as one of the State Heritage Park Areas, is a region with 
        tremendous physical and natural resources and possesses a story 
        of State, national, and international significance;
            (2) the single event of Colonel Edwin Drake's drilling of 
        the world's first successful oil well in 1859 has affected the 
        industrial, natural, social, and political structures of the 
        modern world;
            (3) two national historic districts in Franklin and 
        Titusville as well as 18 separate National Register sites are 
        located within the State Heritage Park boundary;
            (4) The Allegheny River, which was designated as a 
        component of the national wild and scenic rivers system in 1992 
        by Public Law 102-271, traverses the Oil Region and connects 
        several of its major sites, as do some of the river's 
        tributaries such as Oil Creek, French Creek, and Sandy Creek;
            (5) the unspoiled rural character of the Oil Region 
        provides many natural and recreational resources, scenic 
        vistas, and excellent water quality for people throughout the 
        United States to enjoy;
            (6) remnants of the oil industry, visible on the landscape 
        to this day, provide a direct linkage to the past for visitors, 
        as do the historic valley settlements, riverbed settlements, 
        plateau developments, farmlands, and industrial landscapes;
            (7) the transformation of the region from an agrarian 
        economy to one of the world's first industrial economies and 
        the site where many of the innovations used in the oil industry 
        today were developed, was a direct result of the discovery of 
        oil in the region;
            (8) the Oil Region also represents a cross-section of 
        American history associated with Native Americans, frontier 
        settlements, the French and Indian War, African-Americans and 
        the Underground Railroad, and immigration of the Swedish and 
        Polish, among others;
            (9) despite the efforts of the Commonwealth of 
        Pennsylvania, local subdivisions of the Commonwealth, volunteer 
        organizations, and private businesses, the cultural, national, 
        and recreational resources of the region have not realized 
        their full potential and may be lost without assistance from 
        the Federal Government; and
            (10) many local, regional, and Commonwealth agencies, 
        businesses, and private citizens have expressed an overwhelming 
        desire to combine forces and work cooperatively to preserve and 
        enhance the resources of the Oil Region State Heritage Park, 
        and have completed the long-range plan for the Oil Region 
        Heritage Park to that end.
    (b) Purpose.--The purpose of this Act is to enhance a cooperative 
management framework to assist the Commonwealth of Pennsylvania, its 
units of local government, and area citizens in retaining, enhancing, 
and interpreting the significant features of the lands, water, and 
structures of the Oil Region, in a manner consistent with positive 
economic impact and development for the benefit and inspiration of 
present and future generations in the Commonwealth of Pennsylvania and 
the United States.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Area.--The terms ``Area'' and ``National Heritage 
        Area'' mean the Oil Region National Heritage Area designated by 
        section 4(a).
            (2) Commission.--The term ``Commission'' means the Oil 
        Region National Heritage Area Advisory Commission established 
        by section 5.
            (3) Commonwealth.--The term ``Commonwealth'' means the 
        Commonwealth of Pennsylvania.
            (4) Compact.--The term ``Compact'' means an agreement 
        described in section 6.
            (5) Corporation.--The term ``Corporation'' means the Oil 
        Heritage Region Corporation, the management entity incorporated 
        by the Corporation Bureau of the Pennsylvania Department of 
        State on October 16, 1995, and activated effective January 4, 
        1996, to preserve historic and cultural resources of the Oil 
        Region through the establishment, maintenance, and operation of 
        the Oil Heritage Region.
            (6) Governor.--The term ``Governor'' means the Governor of 
        the Commonwealth of Pennsylvania.
            (7) Plan.--The term ``Plan'' means a Management Plan 
        described in section 10(b).
            (8) Political subdivision.--The term ``political 
        subdivision'' means a political subdivision of the Commonwealth 
        of Pennsylvania (including a county, city, township, water 
        conservancy district, or special district) any part of which is 
        located in the Area.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. DESIGNATION OF OIL REGION NATIONAL HERITAGE AREA.

    (a) Establishment.--Upon publication by the Secretary in the 
Federal Register of notice that the Secretary has signed the Compact 
(pursuant to section 6) there is hereby designated in the Commonwealth 
of Pennsylvania the Oil Region National Heritage Area.
    (b) Boundaries.--The boundaries of the Area shall include those 
lands within the counties of Venango and Crawford in the Commonwealth 
of Pennsylvania, commonly known as the Oil Region, as depicted in the 
``Plan for the Oil Region Heritage Park'', dated March 1994. The ``Plan 
for the Oil Region Heritage Park'' shall be on file and available for 
public inspection in the Office of the Director of the National Park 
Service, Washington, District of Columbia. As soon as practicable after 
the date of enactment of this Act, the Secretary of the Interior shall 
publish in the Federal Register a detailed description and map of the 
boundaries of the Area.
    (c) Administration.--The Area shall be administered in accordance 
with this Act.

SEC. 5. ESTABLISHMENT OF OIL REGION NATIONAL HERITAGE AREA ADVISORY 
              COMMISSION.

    (a) Establishment.--To assist in carrying out the purpose of this 
Act, there is established a Commission to be known as the ``Oil Region 
National Heritage Advisory Commission''. The Commission shall consist 
of 13 members, appointed as follows:
            (1) 1 member appointed by the Secretary to represent the 
        Department of the Interior.
            (2) 1 member appointed by the Secretary of Agriculture to 
        represent the Department of Agriculture.
            (3) 4 members appointed by the Governor of Pennsylvania, of 
        which 1 represents the Pennsylvania Department of Conservation 
        and Natural Resources and 3 represent agencies participating in 
        the Pennsylvania State Heritage Park Interagency Task Force.
            (4) 7 members appointed by the Governor of Pennsylvania, 
        subject to the concurrence of the United States Representative 
        to the Congress from the Fifth Congressional District of 
        Pennsylvania, to represent private and public interests from 
        the principal communities in the Oil Region National Heritage 
        Area.
    (b) Time of Appointments.--Appointments described in paragraphs (1) 
and (2) of subsection (a) shall be made not later than 6 months after 
the date of the enactment of this Act.
    (c) Duties.--The Commission shall serve in an advisory capacity to 
the Oil Heritage Region, Inc., the locally based private, nonprofit 
management corporation which will oversee the development of the Oil 
Region National Heritage Park, as described in the ``Plan for the Oil 
Region Heritage Park''. The Commission shall confer with the Oil 
Heritage Region, Inc., on a regular basis regarding matters which 
involve State or Federal policy, technical assistance, and funding.
    (d) Terms.--Each member of the Commission shall be appointed for a 
term of 5 years, except as provided in subsection (e).
    (e) Vacancies.--Any vacancy in the Commission shall be filled in 
the same manner in which the original appointment was made. Any member 
appointed to fill a vacancy occurring before the expiration of the term 
for which the member's predecessor was appointed shall be appointed 
only for the remainder of that term.
    (f) Chairperson.--The Commission shall elect a chairperson from 
among its members. The term of office of the chairperson shall be 2 
years.
    (g) Quorum.--A simple majority of Commission members shall 
constitute a quorum.
    (h) Meetings.--The Commission shall meet at the call of the 
chairperson or a majority of its members, but not less than 2 times 
each year.
    (i) Compensation.--Members of the Commission shall serve without 
compensation.
    (j) Termination.--The Commission shall terminate 10 years after its 
initial meeting, unless the Secretary elects to extend the duration of 
the Commission for an additional 5 years. In no event shall the 
duration of the Commission extend beyond 15 years.

SEC. 6. APPROVAL OF COMPACT.

    (a) Submission.--The Area may be designated under section 4 only if 
the Corporation, within 180 days of the date of the enactment of this 
Act, submits to the Secretary for approval a proposed Compact for the 
Area signed by the Governor of Pennsylvania.
    (b) Compact.--
            (1) In general.--The Compact submitted under this Act with 
        respect to an area proposed for designation as a National 
        Heritage Area shall consist of an agreement between the 
        Secretary and the Governor of Pennsylvania. Such agreement 
        shall define the area, describe anticipated programs for the 
        area, and include information relating to the objectives and 
        management of the area. Such information shall include, but 
        need not be limited to, each of the following:
                    (A) Boundaries.--A delineation of the boundaries of 
                the proposed National Heritage Area.
                    (B) Management entity.--An identification and 
                description of the management entity that will 
                administer the proposed National Heritage Area.
                    (C) Partners.--A list of the initial partners to be 
                involved in developing and implementing the Management 
                Plan for the proposed Area, and a statement of the 
                financial commitment of the partners.
                    (D) Goals, objectives, and conceptual framework.--A 
                discussion of the goals, objectives, and cost of the 
                proposed National Heritage Area, including an 
                explanation of--
                            (i) the conceptual framework, proposed by 
                        the partners referred to in subparagraph (C), 
                        for development and implementation of the Plan 
                        for the National Heritage Area; and
                            (ii) the costs associated with the 
                        conceptual framework.
                    (E) Role of state.--A description of the role of 
                the State in which the proposed National Heritage Area 
                is located.
            (2) Consistency with economic viability.--The Compact 
        submitted under this Act with respect to an area proposed for 
        designation under this Act shall be consistent with continued 
        economic viability in the communities within the area.
            (3) Preparation of compact.--The Compact submitted under 
        this Act shall be prepared with public participation and in 
        compliance with the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.).
            (4) Initiation of actions.--Actions called for in the 
        Compact shall be initiated within a reasonable time after 
        designation of the National Heritage Area and shall ensure 
        effective implementation of the State and local aspects of the 
        Compact.
    (c) Approval, Disapproval, and Revisions of Compact.--The Secretary 
shall approve or disapprove the Compact submitted under this Act. If 
the Secretary disapproves the Compact, the Secretary shall advise the 
Corporation and Commission, in writing, of the reasons for the 
disapproval and shall make recommendations for revisions of the 
Compact. The Secretary shall approve or disapprove a proposed revision 
to the Compact within 90 days after the date on which the revision is 
submitted to the Secretary.

SEC. 7. ADVICE BY SECRETARY.

    In accordance with the purpose of this Act, the Secretary may 
advise the Commonwealth and political subdivisions thereof, the 
Corporation, the Commission, nonprofit organizations, and other 
appropriate entities regarding suitable methods of recognizing and 
conserving thematically and geographically linked natural, historic, 
and cultural resources and recreational opportunities in the Area.

SEC. 8. WITHDRAWAL OF DESIGNATION.

    (a) In General.--The designation of the Area under this Act, after 
taking effect under section 4, shall continue unless--
            (1) the Secretary determines that--
                    (A) the National Heritage Area no longer meets the 
                criteria referred to in section 9;
                    (B) the use, condition, or development of the Area 
                is inconsistent with the criteria referred to in 
                section 9, the Compact, or the Plan; or
                    (C) the National Heritage Area is no longer 
                supported by the residents of the Area (which may be 
                demonstrated by a request from the Governor of 
                Pennsylvania or a petition reflecting the interest of 
                residents of the Area); and
            (2) after making a determination referred to in paragraph 
        (1), the Secretary submits to the Congress notification that 
        the designation of the Area under this Act should be withdrawn.
    (b) Public Hearing.--Before the Secretary makes a determination 
referred to in subsection (a)(1) regarding the National Heritage Area, 
the Secretary or a designee shall hold a public hearing within the 
Area.
    (c) Time of Withdrawal of Designation.--The withdrawal of the 
designation of the Area under this Act shall become final 90 
legislative days after the Secretary submits to the Congress the 
notification referred to in subsection (a)(2) regarding the Area.

SEC. 9. CRITERIA.

    After designation under section 4, the Area shall retain its 
designation as a National Heritage Area only if the Area meets each of 
the following criteria:
            (1) Assemblage of resources.--The Area is an assemblage of 
        natural, historic, or cultural resources that--
                    (A) together represent distinctive aspects of 
                American heritage worthy of recognition, conservation, 
                interpretation, and continuing use; and
                    (B) are best managed as such an assemblage, through 
                partnerships among public and private entities.
            (2) Traditions, customs, beliefs, or folklife.--The Area 
        reflects traditions, customs, beliefs, or folklife, or some 
        combination thereof, that are a valuable part of the story of 
        the Nation.
            (3) Conservation of natural, cultural, or historic 
        features.--The Area provides outstanding opportunities to 
        conserve natural, cultural, or historic features, or some 
        combination thereof.
            (4) Recreational and educational opportunities.--The Area 
        provides outstanding recreational and educational 
        opportunities.
            (5) Themes and integrity of resources.--The Area has an 
        identifiable theme or themes, and resources important to the 
        theme or themes retains integrity capable of supporting 
        interpretation.
            (6) Support.--Residents, nonprofit organizations, other 
        private entities, and governments within the Area demonstrate 
        support for designation of the Area and for management of the 
        Area as appropriate for the designation.
            (7) Agreements.--The principal organization and units of 
        government supporting the designation are willing to commit to 
        agreements to work in partnership to implement the Plan for the 
        Area.
            (8) Consistency with economic viability.--The Plan is 
        consistent with continued economic viability in the affected 
        communities.

SEC. 10. MANAGEMENT PLAN.

    (a) Submission of Plan.--No assistance or funding may be provided 
under this Act after the date which is 2 years after the designation of 
the Area under this Act unless the Corporation submits a Management 
Plan to the Governor and the Secretary on or before such date. Such 
submission shall include a written certification that the Plan has been 
endorsed or disapproved by the Commission.
    (b) Contents of Plan.--A Management Plan submitted under this Act 
for the Area shall present comprehensive recommendations for 
conservation, funding, management, and development of the Area. The 
Plan shall be prepared with public participation. The Plan shall take 
into consideration existing Federal, State, county, and local plans and 
involve residents, public agencies, and private organizations in the 
Area. The Plan shall include a description of actions that political 
subdivisions of the Commonwealth and private organizations are 
recommended to take to protect the resources of the Area. The Plan 
shall specify existing and potential sources of funding for the 
conservation, management, and development of the Area. The Plan also 
shall include the following, as appropriate:
            (1) An inventory of the resources contained in the Area, 
        including a list of property in the Area that should be 
        conserved, restored, managed, developed, or maintained because 
        of natural, cultural, or historic significance of the property 
        as it relates to the Area.
            (2) A recommendation of policies for resource management. 
        Such recommendation shall consider and detail application of 
        appropriate land and water management techniques, including 
        development of intergovernmental cooperative agreements to 
        manage the historical, cultural, and natural resources and the 
        recreational opportunities of the Area in a manner consistent 
        with the support of appropriate and compatible economic 
        viability.
            (3) A program, including plans for restoration and 
        construction, for implementation of the Plan by the management 
        entity specified in the Compact for the Area and specific 
        commitments, for the first 5 years of operation of the Plan, by 
        the partners identified in the Compact.
            (4) An analysis of means by which Federal, State, and local 
        programs may best be coordinated to promote the purpose of this 
        Act.
            (5) An interpretive plan for the Area.

SEC. 11. TECHNICAL AND OTHER ASSISTANCE.

    (a) Technical Assistance.--The Secretary may provide technical 
assistance to the Commonwealth, political subdivisions of the 
Commonwealth, or the Corporation regarding Plan revisions and 
implementation.
    (b) Assistance Under Program.--If the Congress establishes a 
National Heritage Areas Program or similar program within the 
Department of the Interior to assist National Heritage Areas, the Oil 
Region National Heritage Area shall be eligible for the technical and 
grant assistance available to National Heritage Areas under such 
program.

SEC. 12. PRIVATE PROPERTY PROTECTION.

    (a) Limitation on Inclusion of Private Property in National 
Heritage Area.--No privately owned property shall be included within 
the boundaries of the Area unless the government of the county, city, 
or township in which the property is located agrees to be so included 
and submits notification of such agreement to the Secretary. If, at any 
time after the designation of the Area, the government of the county, 
city, or township which submitted such notification requests to be 
removed from the Area, the Secretary and Governor shall revise the 
Compact for the Area to exclude the county, city, or township from the 
Area.
    (b) Access to Private Property.--No provision of this Act shall be 
construed to require any private property owner to permit public access 
to such private property. No provision of this Act shall be construed 
to modify any provision of Commonwealth law with regard to public 
access to or use of private lands.
    (c) Participation of Private Property Owners in Oil Region National 
Heritage Area.--No provision of this Act shall be construed to require 
any private property owner located within the boundary of the Area to 
participate in or be associated with the Area.

SEC. 13. LACK OF EFFECT ON LAND USE REGULATION.

    (a) Lack of Effect on Authority of Governments.--No provision of 
this Act shall be construed to modify, enlarge, or diminish any 
authority of the Federal Government, Commonwealth government, or 
political subdivisions of the Commonwealth to regulate any use of land 
as provided for by law or regulation.
    (b) Lack of Zoning or Land Use Powers of Entity.--No provision of 
this Act shall be construed to grant powers of zoning or land use to 
the management entity for the Area.
    (c) No Conditioning of Approval and Assistance by Secretary on Land 
Use Restrictions.--The Secretary may not, as a condition of approving 
the Compact or the determination of eligibility for technical 
assistance under this Act, require enactment or modification of land 
use restrictions.

SEC. 14. FISHING AND HUNTING SAVINGS CLAUSE.

    (a) No Diminishment of State Authority.--The designation of the 
Area under this Act shall not diminish the authority of the 
Commonwealth to manage fish and wildlife, including the regulation of 
fishing and hunting within such Area.
    (b) No Conditioning of Approval and Assistance by Secretary on 
Fishing and Hunting Restrictions.--The Secretary may not, as a 
condition of the approval of the Compact or the determination of 
eligibility for technical assistance under this Act, require 
limitations on fishing, hunting, or trapping, and neither the Secretary 
nor any other Federal agency may condition the receipt, in connection 
with the National Heritage Area status of the Area, of any other form 
of assistance from the Secretary or such agencies on such limitations.
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