[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 812 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 812

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 17 (legislative day, May 15), 1995

 Mr. Thurmond 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 1995''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (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 
        Corridor 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 units of local government having 
        jurisdiction over the Corridor area; and
            (4) in view of the longstanding Federal practice of 
        assisting 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 
        the responsibilities described in paragraph (3).
    (b) Purposes.--The purposes of this Act are--
            (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, 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 of South Carolina 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 Corridor 
        Management Action Plan;
            (5) to encourage adequate coordination of all government 
        programs affecting the land and water resources of the 
        Corridor; and
            (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 Corridor 
                Management Action Plan; and
                    (B) developing policies and programs that will 
                preserve, conserve, protect, restore, enhance, and 
                interpret the cultural, historical, natural, economic, 
                recreational, and scenic resources of the Corridor.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the South 
        Carolina National Heritage Corridor Commission established by 
        section 5.
            (2) Corridor.--The term ``Corridor'' means the South 
        Carolina National Heritage Corridor established by section 4.
            (3) Corridor management action plan.--The term ``Corridor 
        Management Action Plan'' means the management action plan 
        developed under 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 
        generally the boundaries of 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 on the recommendations 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.

SEC. 5. 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 the Corrridor Management Action 
        Plan.
    (b) Membership.--The Commission shall be composed of 23 members, 
appointed by the Secretary as follows:
            (1) One member shall be the Director of the National Park 
        Service, or a delegate of the Director, who shall be a 
        nonvoting member.
            (2) Six members shall be appointed from among 
        recommendations 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 to the department.
                    (B) One member shall represent the South Carolina 
                Department of Natural Resources or a successor agency 
                to 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 to the 
                commission.
                    (E) One member shall represent the South Carolina 
                State Historic Preservation Office or a successor 
                agency to the office.
                    (F) One member shall represent the South Carolina 
                Department of Commerce or a successor agency to the 
                department.
            (3) Fourteen members shall be appointed from among 
        recommendations submitted by the county commissioners, of which 
        1 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 
        recommendations submitted by each county shall be based on 
        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 among 
        recommendations submitted by the Director of the National Park 
        Service.
            (5) One member shall be appointed from among 
        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 a term of 
        3 years and, on expiration of a term, may be reappointed to 
        serve for 1 or more additional terms.
            (2) Limited appointments.--The members appointed under 
        subsection (b) (2), (4), and (5) shall be appointed to serve a 
        term of 2 years and, on expiration of a term, may be 
        reappointed to serve for 1 or more additional terms.
    (d) Initial Appointments.--The Secretary shall appoint the initial 
members of the Commission not later than 180 days after the date of 
enactment of this Act.
    (e) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the initial appointment was made. A member of the 
Commission appointed to fill a vacancy shall serve for the remainder of 
the term for which the initial member was appointed. A 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 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.
    (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 an officer or employee 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 (including regulations), appoint and fix the 
        compensation of such staff members as are 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 staff members 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 staff 
        member may receive pay in excess of the annual rate payable for 
        grade level GS-15 of the General Schedule.
    (k) Experts and Consultants.--Subject to such rules as the 
Commission may adopt, 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.--On request of the Commission, 
the head of any Federal agency may detail, on a reimbursable basis, the 
personnel of the 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 the 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 the Commission considers 
necessary to carry out its functions under this Act.
    (c) Powers of Members and Agents.--Any member or agent of the 
Commission, if authorized by the Commission, may take any action that 
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 the money to make a contribution in order to receive the 
money.
    (f) Retention of Revenues.--The Commission may retain revenue from 
the sale or lease of any goods or services.
    (g) Gifts.--Notwithstanding any other 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 considered 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 an 
        interest in real property.
            (2) Conditions for acquisition.--Subject to paragraph (3), 
        the Commission may acquire real property or an interest 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 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 the 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 paragraph (2) (A) or (B) 
        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 shall be construed 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 Corridor 
Management Action Plan developed under 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 Corridor Management Action Plan 
        shall take into consideration State, county, and local plans 
        existing on the date
         on which the Corridor Management Action Plan is prepared. The 
Corridor Management Action 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 the 
                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 
                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 Corridor Management Action 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 in relation to the 
                        Corridor; and
                            (ii) includes cost estimates, schedules, 
                        and a commitment of resources for the 
                        accomplishment of the implementation plan.
    (c) Approval of Plan.--
            (1) Approval by governor.--Not later than 60 days after 
        receiving a Corridor Management Action Plan submitted by the 
        Commission under subsection (b), the Governor shall approve or 
        disapprove the Corridor Management Action Plan.
            (2) Approval by secretary.--A Corridor Management Action 
        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 Corridor Management 
        Action Plan, the Secretary shall approve or disapprove the 
        Corridor Management Action Plan.
            (3) Criteria for decision.--The Governor and the Secretary 
        shall approve a Corridor Management Action Plan if--
                    (A) the Corridor Management Action 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 Corridor Management Action 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 Corridor Management Action 
                Plan will be initiated within a reasonable time after 
                the date of approval of the Corridor Management Action 
                Plan.
    (d) Disapproval of Plan.--
            (1) In general.--If the Secretary or the Governor 
        disapproves a Corridor Management Action Plan, the Secretary or 
        the Governor, as the case may be, shall--
                    (A) advise the Commission in writing of the reasons 
                for the disapproval; and
                    (B) recommend revisions to the Corridor Management 
                Action 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 Corridor 
        Management Action 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 Corridor Management Action Plan, the 
        Commission shall implement the Corridor Management Action 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 Corridor Management Action 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 Corridor Management 
                Action 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 in 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 this Act; and
                            (ii) an analysis of the adequacy of actions 
                        taken to carry out this Act; and
                    (B) a statement of the amount of funds and number 
                of personnel that the Secretary anticipates will be 
                made available to carry out this
                 Act 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 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 that is 
        exempt from income taxes under section 501(a) of the Internal 
        Revenue Code of 1986, 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 that date--
            (1) the Commission determines that an extension is 
        necessary to carry out this Act;
            (2) the Commission submits the proposed extension to the 
        Committee on 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 approve the extension.

SEC. 9. DUTIES OF THE SECRETARY.

    (a) Assistance.--On request of the Commission, and subject to the 
availability of funds appropriated specifically for the purpose, or 
made available on a reimbursable basis, the Secretary shall provide 
administrative, technical, financial, development, and operations 
assistance. The 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 Corridor 
Management Action 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 of the State), private nonprofit organizations, 
corporations, or other persons.
    (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 those activities with the 
        carrying out of those duties; and
            (3) to the maximum extent practicable, conduct or support 
        those activities in a manner that 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) Non-federal share.--The non-Federal share of the 
        expenditures described in paragraph (1) may be in the form of 
        cash, services, or in-kind contributions, fairly valued.
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