[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1190 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1190

 To establish the Ohio & Erie Canal National Heritage Corridor in the 
                 State of Ohio, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 11 (legislative day, July 10), 1995

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

_______________________________________________________________________

                                 A BILL


 
 To establish the Ohio & Erie Canal National Heritage Corridor in the 
                 State of Ohio, 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 1995''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (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 a part of a canal network in 
        Ohio that was one of America's most extensive and successful 
        systems during a period in history when canals were essential 
        to the Nation's growth;
            (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 found the Ohio & Erie Canal 
        nationally significant in a 1975 study entitled ``Suitability/
        Feasibility Study, Proposed Ohio & Erie Canal'';
            (6) a 1993 Special Resources Study of the Ohio & Erie Canal 
        Corridor conducted by the National Park Service entitled ``A 
        Route to Prosperity'' has concluded that the corridor is 
        eligible as a National Heritage Corridor; and
            (7) local governments, the State of Ohio and private sector 
        interests have embraced the heritage corridor concept and 
        desire to enter into partnership with the Federal Government to 
        preserve, protect, and develop the corridor for public benefit.
    (b) Purposes.--The purposes of this Act are--
            (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;
            (2) to encourage within the corridor a broad range of 
        economic opportunities enhancing the quality of life for 
        present and future generations;
            (3) to provide a management framework to assist the State 
        of Ohio, political subdivisions of the State, and nonprofit 
        organizations, or combinations thereof, in preparing and 
        implementing an integrated Corridor Management Plan and in 
        developing policies and programs that will preserve, enhance, 
        and interpret the cultural, historical, natural, recreation, 
        and scenic resources of the corridor; and
            (4) to authorize the Secretary to provide financial and 
        technical assistance to the State of Ohio, political 
        subdivisions of the State, and nonprofit organizations, or 
        combinations thereof, in preparing and implementing a Corridor 
        Management Plan.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory commission.--The term ``Advisory Commission'' 
        means the Ohio & Erie Canal National Heritage Corridor Advisory 
        Commission established under section 5.
            (2) Corridor.--The term ``corridor'' means the Ohio & Erie 
        Canal National Heritage Corridor established under section 4.
            (3) Corridor management plan.--The term ``Corridor 
        Management Plan'' means the management plan developed under 
        section 9.
            (4) Financial assistance.--The term ``financial 
        assistance'' means funds made available by Congress, and made 
        available to the management entity, for the purposes of 
        preparing and implementing a Corridor Management Plan.
            (5) Management entity.--The term ``management entity'' 
        means the State of Ohio, political subdivisions of the State, 
        and private nonprofit organizations, or any combination 
        thereof, as designated by the Secretary pursuant to section 
        7(a) to receive, distribute, and account for Federal funds made 
        available for the purposes of this Act.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, help, or aid, other 
        than financial assistance, provided by the Secretary.

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 shall be 
        composed of the lands that area generally follow the route of 
        the Ohio & Erie Canal from Cleveland to Zoar, Ohio, as depicted 
        in the 1993 National Park Service Special Resources Study, ``A 
        Route to Prosperity'', subject to paragraph (2). The specific 
        boundaries shall be the boundaries specified in the management 
        plan submitted under section 9. The Secretary shall prepare a 
        map of the area which shall be on file and available for public 
        inspection in the office of the Director of the National Park 
        Service.
            (2) Consent of local governments.--No privately owned 
        property shall be included within the boundaries of the 
        corridor unless the municipality in which the property is 
        located agrees to be so included and submits notification of 
        the agreement to the Secretary.
    (c) Administration.--The corridor shall be administered in 
accordance with this Act.

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

    (a) Establishment.--The Secretary is authorized to establish the 
Ohio & Erie Canal National Heritage Corridor Advisory Commission whose 
purpose shall be to assist Federal, State, and local authorities and 
the private sector in the preparation and implementation of an 
integrated Corridor Management Plan.
    (b) Membership.--The Advisory Commission shall be comprised of 21 
members, as follows:
            (1) 4 individuals appointed by the Secretary, after 
        consideration of 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 include 1 representative of 
        business and industry from each of the Ohio counties of 
        Cuyahoga, Summit, Stark, and Tuscarawas.
            (2) 1 individual appointed by the Secretary, after 
        consideration of recommendations submitted by the Director of 
        the Ohio Department of Travel and Tourism, who is a director of 
        a convention and tourism bureau within the corridor.
            (3) 1 individual appointed by the Secretary, after 
        consideration of recommendations submitted by the Ohio Historic 
        Preservation Officer, with knowledge and experience in the 
        field of historic preservation.
            (4) 1 individual appointed by the Secretary, after 
        consideration of recommendations submitted by the Director of 
        the National Park Service, with knowledge and experience in the 
        field of historic preservation.
            (5) 3 individuals appointed by the Secretary, after 
        consideration of recommendations submitted by the county or 
        metropolitan park boards in the Ohio counties of Cuyahoga, 
        Summit, and Stark.
            (6) 8 individuals appointed by the Secretary, after 
        consideration of recommendations submitted by the county 
        commissioners or county chief executive of the Ohio counties of 
        Cuyahoga, Summit, Stark and Tuscarawas, including from each 
        county--
                    (A) 1 representative of the planning offices of the 
                county; and
                    (B) 1 representative of a municipality in the 
                county.
            (7) 2 individuals appointed by the Secretary, after 
        consideration of recommendations submitted by the Governor of 
        Ohio, who shall be representatives of the Directors of the Ohio 
        Department of Natural Resources and the Ohio Department of 
        Transportation.
            (8) The Superintendent of the Cuyahoga Valley National 
        Recreation Area, as an ex officio member.
    (c) Appointments.--
            (1) In general.--Except as provided in paragraph (2), 
        members of the Advisory Commission shall be appointed for terms 
        of 3 years and may be reappointed.
            (2) Initial appointments.--The Secretary shall appoint the 
        initial members of the Advisory Commission not later than 30 
        days after the date on which the Secretary has received all 
        recommendations pursuant to subsection (b). Of the members 
        first appointed--
                    (A) the members appointed pursuant to subsection 
                (b)(6)(B) shall be appointed to a term of 2 years and 
                may not be reappointed to a consecutive term; and
                    (B) the member appointed pursuant to subsection 
                (b)(2) shall be appointed to a term of 2 years and may 
                not be reappointed to a consecutive term.
    (d) Chairperson and Vice Chairperson.--The chairperson and vice 
chairperson of the Advisory Commission shall be elected by the members 
of the Advisory Commission. The terms of the chairperson and vice 
chairperson shall be 2 years.
    (e) Vacancy.--A vacancy in the Advisory Commission shall be filled 
in the 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 predecessor of the member was appointed shall be 
appointed only for the remainder of the term. Any member of the 
Advisory Commission appointed for a definite term may serve after the 
expiration of the term of the member until the successor of the member 
has taken office.
    (f) Compensation and Expenses.--A member of the Advisory Commission 
shall serve without compensation for the service of the member on the 
Advisory Commission.
    (g) Quorum.--Eleven members of the Advisory Commission shall 
constitute a quorum.
    (h) Meetings.--The Advisory Commission shall meet at least 
quarterly at the call of the chairperson or at least 11 members of the 
Advisory Commission. Meetings of the Advisory Commission shall be 
subject to section 552b of title 5, United States Code.
    (i) Termination of Advisory Commission.--The Advisory Commission 
shall terminate on the date occurring 6 years after the Commission is 
established by the Secretary.

SEC. 6. POWERS OF ADVISORY COMMISSION.

    (a) Hearings.--The Advisory 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 
Advisory Commission considers appropriate. The Advisory Commission may 
not issue subpoenas or exercise any subpoena authority.
    (b) Bylaws.--The Advisory Commission may make such bylaws and 
rules, consistent with this Act, as the Commission considers necessary 
to carry out this Act.
    (c) Powers of Members and Agents.--Any member or agent of the 
Advisory Commission, if so authorized by the Advisory Commission, may 
take any action that the Advisory Commission is authorized to take 
under this Act.

SEC. 7. DUTIES OF ADVISORY COMMISSION.

    (a) Management Entity.--On public solicitation of proposals from 
entities representing the State of Ohio, political subdivisions of the 
State, and nonprofit organizations, or combination thereof, the 
Advisory Commission shall, not later than 90 days after the first 
meeting of the Commission, submit a recommendation to the Secretary for 
designation of a management entity for the corridor pursuant to section 
8.
    (b) Corridor Management Plan.--On submission of a draft Corridor 
Management Plan to the Advisory Commission from the management entity, 
the Advisory Commission shall, not later than 60 days after submission, 
review the plan for consistency with the purposes of this Act and 
endorse the plan or return the plan to the management entity for 
revision. On endorsement of the Corridor Management Plan, the Advisory 
Commission shall submit the plan to the Secretary for approval pursuant 
to section 9.
    (c) Review of Budget.--The Advisory Commission shall review on an 
annual basis the proposed expenditures of Federal funds by the 
management entity for consistency with the purpose of this Act and the 
Corridor Management Plan.
SEC. 8. MANAGEMENT ENTITY.

    (a) Designation.--Not later than 30 days after the date on which 
the recommendation of the Advisory Commission is received pursuant to 
section 7(a), the Secretary shall designate the management entity.
    (b) Eligibility.--To be eligible for designation as the management 
entity of the corridor, an entity must possess the legal ability to--
            (1) receive Federal funds for use in preparing and 
        implementing the management plan for the corridor;
            (2) disburse Federal funds to other units of government or 
        other organizations for use in preparing and implementing the 
        management plan for the corridor;
            (3) account for all Federal funds received or disbursed; 
        and
            (4) sign agreements with the Federal Government.
    (c) Federal Funding.--
            (1) Authorization to receive.--The management entity is 
        authorized to receive Federal funds made available to carry out 
        this Act.
            (2) Disqualification.--If a management plan for the 
        corridor is not submitted to the Secretary as required under 
        section 9 within the time specified, the management entity 
        shall cease to be eligible to receive Federal funding under 
        this Act until such a plan regarding the corridor is submitted 
        to the Secretary.
    (d) Authorities of Management Entity.--The management entity of the 
corridor may, for purposes of preparing and implementing the management 
plan for the area, use Federal funds made available under this Act--
            (1) to make grants and loans to the State of Ohio, 
        political subdivisions of the State, nonprofit organizations, 
        and other persons;
            (2) to enter into cooperative agreements with, or provide 
        technical assistance to Federal agencies, the State of Ohio, 
        political subdivisions of the State, nonprofit organizations, 
        and other persons;
            (3) to hire and compensate staff;
            (4) to obtain funds from any source under any program or 
        law requiring the recipient of the funds to make a contribution 
        to receive the funds; and
            (5) to contract for goods and services.
    (e) Duration of Eligibility for Financial Assistance.--The 
management entity for the corridor shall be eligible to receive funds 
made available to carry out this Act for the following periods:
            (1) Operations.--In the case of operating costs described 
        in section 15(a)(1), for a period of 3 years beginning on the 
        date the Secretary has designated the management entity 
        pursuant to subsection (c).
            (2) Development.--In the case of development costs 
        described in section 15(a)(2), for a period of 6 years 
        beginning on the date the Secretary has designated the 
        management entity pursuant to subsection (c).
    (f) Prohibition of Acquisition of Real Property.--The management 
entity for the corridor may not use Federal funds received under this 
Act to acquire real property or any interest in real property.

SEC. 9. DUTIES OF MANAGEMENT ENTITY.

    (a) Corridor Management Plan.--
            (1) Submission for review by advisory commission.--Not 
        later than 18 months after the date on which the Secretary has 
        designated a management entity for the corridor, the management 
        entity shall develop and submit for review to the Advisory 
        Commission a management plan for the corridor.
            (2) Plan requirements.--A management plan submitted under 
        this Act shall--
                    (A) present comprehensive recommendations for the 
                conservation, funding, management, and development of 
                the corridor;
                    (B) be prepared with public participation;
                    (C) take into consideration existing Federal, 
                State, county, and local plans and involve residents, 
                public agencies, and private organizations in the 
                corridor;
                    (D) include a description of actions that units of 
                government and private organizations are recommended to 
                take to protect the resources of the corridor;
                    (E) specify existing and potential sources of 
                funding for the conservation, management, and 
                development of the area; and
                    (F) include, as appropriate--
                            (i) an inventory of the resources contained 
                        in the corridor, including a list of property 
                        in the corridor that should be conserved, 
                        restored, managed, developed, or maintained 
                        because of the natural, cultural, or historic 
                        significance of the property as the property 
                        relates to the themes of the corridor;
                            (ii) a recommendation of policies for 
                        resource management that consider and detail 
                        the application of appropriate land and water 
                        management techniques, including the 
                        development of intergovernmental cooperative 
                        agreements to manage the historical, cultural, 
                        and natural resources and recreational 
                        opportunities of the corridor in a manner 
                        consistent with the support of appropriate and 
                        compatible economic viability;
                            (iii) a program, including plans for 
                        restoration and construction, for 
                        implementation of the management plan by the 
                        management entity and specific commitments, for 
                        the first 6 years of operation of the plan by 
                        the partners identified in the plan;
                            (iv) an analysis of means by which Federal, 
                        State, and local programs may best be 
                        coordinated to promote the purposes of this 
                        Act; and
                            (v) an interpretive plan for the corridor.
            (3) Approval and disapproval of the corridor management 
        plan.--
                    (A) In general.--On submission of the Corridor 
                Management Plan from the Advisory Commission, the 
                Secretary shall approve or disapprove the plan not 
                later than 60 days after receipt. If the Secretary has 
                taken no action 60 days after receipt, the plan shall 
                be considered approved.
                    (B) Disapproval and revisions.--If the Secretary 
                disapproves the Corridor Management Plan, the Secretary 
                shall advise the Advisory Commission, in writing, of 
                the reasons for the disapproval and shall make 
                recommendations for revisions of the plan. The 
                Secretary shall approve or disapprove the proposed 
                revisions to the plan not later than 60 days after
                 receipt. If the Secretary has taken no action 60 days 
after receipt, the plan shall be considered approved.
    (b) Priorities.--The management entity shall give priority to the 
implementation of actions, goals, and policies set forth in the 
management plan for the corridor, including--
            (1) assisting units of government, regional planning 
        organizations, and nonprofit organizations in--
                    (A) conserving the corridor;
                    (B) establishing and maintaining interpretive 
                exhibits in the corridor;
                    (C) developing recreational opportunities in the 
                area;
                    (D) increasing public awareness of, and 
                appreciation for, the natural, historical, and cultural 
                resources of the corridor;
                    (E) the restoration of historic buildings that are 
                located within the boundaries of the corridor that 
                relate to the themes of the corridor; and
                    (F) ensuring that clear, consistent, and 
                environmentally appropriate signs identifying access 
                points and sites of interest are installed throughout 
                the corridor; and
            (2) consistent with the goals of the management plan, 
        encouraging economic viability in the affected communities by 
        appropriate means.
    (c) Consideration of Interests of Local Groups.--The management 
entity shall, in preparing and implementing the management plan for the 
corridor, consider the interests of diverse units of government, 
businesses, private property owners, and nonprofit groups within the 
geographic area.
    (d) Public Meetings.--The management entity shall conduct public 
meetings at least quarterly regarding the implementation of the 
Corridor Management Plan.
    (e) Annual Reports.--For any fiscal year in which the management 
entity receives Federal funds under this Act or in which a loan made by 
the entity with Federal funds under section 8(d)(1) is outstanding, the 
entity shall submit an annual report to the Secretary setting forth the 
accomplishments of the entity, the expenses and income of the entity, 
and the entities to which the entity made any loans and grants during 
the year for which the report is made.
    (f) Cooperation With Audits.--For any fiscal year in which the 
management entity receives Federal funds under this Act or in which a 
loan made by the entity with Federal funds under section 8(d)(1) is 
outstanding, the entity shall--
            (1) make available for audit by Congress, the Secretary, 
        and appropriate units of government all records and other 
        information pertaining to the expenditure of the funds and any 
        matching funds; and
            (2) require, for all agreements authorizing expenditure of 
        Federal funds by other organizations, that the receiving 
        organizations make available for the audit all records and 
        other information pertaining to the expenditure of the funds.

SEC. 10. WITHDRAWAL OF DESIGNATION.

    (a) In General.--The National Heritage Corridor designation shall 
continue unless--
            (1) the Secretary determines that--
                    (A) the use, condition, or development of the 
                corridor is incompatible with the purpose of this Act; 
                or
                    (B) the management entity of the corridor has not 
                made reasonable and appropriate progress in preparing 
                or implementing the management plan for the corridor; 
                and
            (2) after making a determination referred to in paragraph 
        (1), the Secretary submits to the Congress notification that 
        the corridor designation should be withdrawn.
    (b) Public Hearing.--Before the Secretary makes a determination 
referred to in subsection (a)(1) regarding the corridor, the Secretary 
shall hold a public hearing within the area.
    (c) Time of Withdrawal of Designation.--
            (1) In general.--The withdrawal of the corridor designation 
        of the corridor shall become final 90 legislative days after 
        the Secretary submits to Congress any notification referred to 
        in subsection (a)(2) regarding the corridor.
            (2) Legislative day.--For purposes of this subsection, the 
        term ``legislative day'' means any calendar day on which both 
        Houses of the Congress are in session.

SEC. 11. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Duties and Authorities of the Secretary.--
            (1) Technical assistance.--
                    (A) In general.--The Secretary may provide 
                technical assistance to units of government, nonprofit 
                organizations, and other persons, on request of the 
                management entity of
                 the corridor, regarding the management plan and the 
implementation of the plan.
                    (B) Prohibition of certain requirements.--The 
                Secretary may not, as a condition of the award of 
                technical assistance under this section, require any 
                recipient of the technical assistance to enact or 
                modify land use restrictions.
                    (C) Determinations regarding assistance.--The 
                Secretary shall decide if the corridor shall be awarded 
                technical assistance and the amount of the assistance. 
                The decision shall be based on the relative degree to 
                which the corridor effectively fulfills the objectives 
                contained in the Corridor Management Plan and achieves 
                the purposes of this Act. The decision shall give 
                consideration to projects that provide a greater 
                leverage of Federal funds.
            (2) Provision of information.--In cooperation with other 
        Federal agencies, the Secretary shall provide the general 
        public with information regarding the location and character of 
        the corridor.
            (3) Other assistance.--On request, the Superintendent of 
        Cuyahoga Valley National Recreation Area may provide to public 
        and private organizations within the corridor (including the 
        management entity for the corridor) such operational assistance 
        as appropriate to support the implementation of the Corridor 
        Management Plan, subject to the availability of appropriated 
        funds. The Secretary is authorized to enter into cooperative 
        agreements with public and private organizations for the 
        purposes of implementing this paragraph.
    (b) Duties of Other Federal Agencies.--Any Federal entity 
conducting any activity directly affecting the corridor shall consider 
the potential effect of the activity on the Corridor Management Plan 
and shall consult with the management entity of the corridor with 
respect to the activity to minimize the adverse effects of the activity 
on the corridor.

SEC. 12. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.

    (a) Lack of Effect on Authority of Governments.--Nothing in this 
Act modifies, enlarges, or diminishes any authority of Federal, State, 
or local governments to regulate any use of land as provided for by law 
(including regulations).
    (b) Lack of Zoning or Land Use Powers.--Nothing in this Act grants 
powers of zoning or land use control to the Advisory Commission or 
management entity of the corridor.
    (c) Local Authority and Private Property Not Affected.--Nothing in 
this Act affects or authorizes the Advisory 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 the State.

SEC. 13. FISHING, TRAPPING, AND HUNTING SAVINGS CLAUSE.

    (a) No Diminishment of State Authority.--The designation of the 
corridor shall not diminish the authority of the State to manage fish 
and wildlife, including the regulation of fishing and hunting and 
trapping within the corridor.
    (b) No Conditioning of Approval and Assistance.--The Secretary may 
not make limitations on fishing, hunting, or trapping a condition of 
the determination of eligibility for assistance under this Act. The 
Secretary and any other Federal agency may not make the limitations a 
condition for the receipt, in connection with the corridor, of any 
other form of assistance from the Secretary or the agencies.

SEC. 14. COST SHARE.

    (a) Operating Costs.--The Federal contribution under this Act to 
the management entity for operations expenditures shall not exceed 50 
percent of the annual operating costs of the entity attributed to 
preparation and implementation of the Corridor Management Plan. The 
non-Federal share of the support may be in the form of cash, services, 
or in-kind contributions, fairly valued.
    (b) Development Costs.--The Federal contribution under this Act to 
the management entity to implement the Corridor Management Plan shall 
not exceed 30 percent of the annual development costs attributable to 
the implementation of the Corridor Management Plan. The non-Federal 
share of the support may be in the form of cash, services, or in-kind 
contributions, fairly valued.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
management entity--
            (1) $250,000 for each of fiscal years 1996 through 1998 for 
        the operating costs of the management entity to carry out 
        duties pursuant to section 9; and
            (2) $1,500,000 for each of fiscal years 1996 through 2001 
        for planning, design, construction, grants, and loans to 
        implement the approved Corridor Management Plan;
to remain available until expended.
    (b) Availability of Funds Prior to Secretarial Approval of 
Management Plan.--Funds may be spent prior to Secretarial approval of 
the Corridor Management Plan for early actions that are important to 
the themes of the area and that protect resources that would be in 
imminent danger of irreversible damage without the early actions.
                                 <all>
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