[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 940 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 18, 2000.
    Resolved, That the bill from the House of Representatives (H.R. 
940) entitled ``An Act to designate the Lackawanna Valley National 
Heritage Area, and for other purposes.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

           TITLE I--LACKAWANNA VALLEY NATIONAL HERITAGE AREA

SECTION 101. SHORT TITLE.

    This title may be cited as the ``Lackawanna Valley National 
Heritage Area Act of 2000''.

SEC. 102. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the industrial and cultural heritage of northeastern 
        Pennsylvania, including Lackawanna County, Luzerne County, 
        Wayne County, and Susquehanna County, related directly to 
        anthracite and anthracite-related industries, is nationally 
        significant;
            (2) the industries referred to in paragraph (1) include 
        anthracite mining, ironmaking, textiles, and rail 
        transportation;
            (3) the industrial and cultural heritage of the anthracite 
        and anthracite-related industries in the region described in 
        paragraph (1) includes the social history and living cultural 
        traditions of the people of the region;
            (4) the labor movement of the region played a significant 
        role in the development of the Nation, including--
                    (A) the formation of many major unions such as the 
                United Mine Workers of America; and
                    (B) crucial struggles to improve wages and working 
                conditions, such as the 1900 and 1902 anthracite 
                strikes;
            (5)(A) the Secretary of the Interior is responsible for 
        protecting the historical and cultural resources of the United 
        States; and
            (B) there are significant examples of those resources 
        within the region described in paragraph (1) that merit the 
        involvement of the Federal Government to develop, in 
        cooperation with the Lackawanna Heritage Valley Authority, the 
        Commonwealth of Pennsylvania, and local and governmental 
        entities, programs and projects to conserve, protect, and 
        interpret this heritage adequately for future generations, 
        while providing opportunities for education and revitalization; 
        and
            (6) the Lackawanna Heritage Valley Authority would be an 
        appropriate management entity for a Heritage Area established 
        in the region described in paragraph (1).
    (b) Purposes.--The purposes of the Lackawanna Valley National 
Heritage Area are--
            (1) to foster a close working relationship among all levels 
        of government, the private sector, and the local communities in 
        the anthracite coal region of northeastern Pennsylvania and 
        enable the communities to conserve their heritage while 
        continuing to pursue economic opportunities; and
            (2) to conserve, interpret, and develop the historical, 
        cultural, natural, and recreational resources related to the 
        industrial and cultural heritage of the 4-county region 
        described in subsection (a)(1).

SEC. 103. DEFINITIONS.

    In this title:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Lackawanna Valley National Heritage Area established by section 
        4.
            (2) Management entity.--The term ``management entity'' 
        means the management entity for the Heritage Area specified in 
        section 4(c).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 6(b).
            (4) Partner.--The term ``partner'' means--
                    (A) a Federal, State, or local governmental entity; 
                and
                    (B) an organization, private industry, or 
                individual involved in promoting the conservation and 
                preservation of the cultural and natural resources of 
                the Heritage Area.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 104. LACKAWANNA VALLEY NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Lackawanna Valley 
National Heritage Area.
    (b) Boundaries.--The Heritage Area shall be comprised of all or 
parts of Lackawanna County, Luzerne County, Wayne County, and 
Susquehanna County, Pennsylvania, determined in accordance with the 
compact under section 5.
    (c) Management Entity.--The management entity for the Heritage Area 
shall be the Lackawanna Heritage Valley Authority.

SEC. 105. COMPACT.

    (a) In General.--To carry out this title, the Secretary shall enter 
into a compact with the management entity.
    (b) Contents of Compact.--The compact shall include information 
relating to the objectives and management of the area, including--
            (1) a delineation of the boundaries of the Heritage Area; 
        and
            (2) a discussion of the goals and objectives of the 
        Heritage Area, including an explanation of the proposed 
        approach to conservation and interpretation and a general 
        outline of the protection measures committed to by the 
        partners.

SEC. 106. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Authorities of Management Entity.--The management entity may, 
for the purposes of preparing and implementing the management plan, use 
funds made available under this title to hire and compensate staff.
    (b) Management Plan.--
            (1) In general.--The management entity shall develop a 
        management plan for the Heritage Area that presents 
        comprehensive recommendations for the conservation, funding, 
        management, and development of the Heritage Area.
            (2) Consideration of other plans and actions.--The 
        management plan shall--
                    (A) take into consideration State, county, and 
                local plans;
                    (B) involve residents, public agencies, and private 
                organizations working in the Heritage Area; and
                    (C) include actions to be undertaken by units of 
                government and private organizations to protect the 
                resources of the Heritage Area.
            (3) Specification of funding sources.--The management plan 
        shall specify the existing and potential sources of funding 
        available to protect, manage, and develop the Heritage Area.
            (4) Other required elements.--The management plan shall 
        include the following:
                    (A) 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 purposes of the 
                Heritage Area and that should be preserved, restored, 
                managed, developed, or maintained because of its 
                historical, cultural, natural, recreational, or scenic 
                significance.
                    (B) A recommendation of policies for resource 
                management that considers and details application of 
                appropriate land and water management techniques, 
                including the development of intergovernmental 
                cooperative agreements to protect the historical, 
                cultural, natural, and recreational resources of the 
                Heritage Area in a manner that is consistent with the 
                support of appropriate and compatible economic 
                viability.
                    (C) A program for implementation of the management 
                plan by the management entity, including--
                            (i) plans for restoration and construction; 
                        and
                            (ii) specific commitments of the partners 
                        for the first 5 years of operation.
                    (D) An analysis of ways in which local, State, and 
                Federal programs may best be coordinated to promote the 
                purposes of this Act.
                    (E) An interpretation plan for the Heritage Area.
            (5) Submission to secretary for approval.--
                    (A) In general.--Not later than the last day of the 
                3-year period beginning on the date of enactment of 
                this Act, the management entity shall submit the 
                management plan to the Secretary for approval.
                    (B) Effect of failure to submit.--If a management 
                plan is not submitted to the Secretary by the day 
                referred to in subparagraph (A), the Secretary shall 
                not, after that day, provide any grant or other 
                assistance under this title with respect to the 
                Heritage Area until a management plan for the Heritage 
                Area is submitted to the Secretary.
    (c) Duties of Management Entity.--The management entity shall--
            (1) give priority to implementing actions specified in the 
        compact and management plan, including steps to assist units of 
        government and nonprofit organizations in preserving the 
        Heritage Area;
            (2) assist units of government and nonprofit organizations 
        in--
                    (A) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the 
                Heritage Area;
                    (C) increasing public awareness of and appreciation 
                for the historical, natural, and architectural 
                resources and sites in the Heritage Area; and
                    (D) restoring historic buildings that relate to the 
                purposes of the Heritage Area;
            (3) encourage economic viability in the Heritage Area 
        consistent with the goals of the management plan;
            (4) encourage local governments to adopt land use policies 
        consistent with the management of the Heritage Area and the 
        goals of the management plan;
            (5) assist units of government and nonprofit organizations 
        to ensure that clear, consistent, and environmentally 
        appropriate signs identifying access points and sites of 
        interest are placed throughout the Heritage Area;
            (6) consider the interests of diverse governmental, 
        business, and nonprofit groups within the Heritage Area;
            (7) conduct public meetings not less often than quarterly 
        concerning the implementation of the management plan;
            (8) submit substantial amendments (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; and
            (9) for each year in which Federal funds have been received 
        under this title--
                    (A) submit a report to the Secretary that 
                specifies--
                            (i) the accomplishments of the management 
                        entity; and
                            (ii) the expenses and income of the 
                        management entity;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of such funds and 
                any matching funds; and
                    (C) require, with respect to all agreements 
                authorizing expenditure of Federal funds by other 
                organizations, that the receiving organizations make 
                available to the Secretary for audit all records 
                concerning the expenditure of such funds.
    (d) Use of Federal Funds.--
            (1) Funds made available under this title.--The management 
        entity shall not use Federal funds received under this title to 
        acquire real property or any interest in real property.
            (2) Funds from other sources.--Nothing in this title 
        precludes the management entity from using Federal funds 
        obtained through law other than this title for any purpose for 
        which the funds are authorized to be used.

SEC. 107. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--
            (1) Provision of assistance.--The Secretary may, at the 
        request of the management entity, provide technical and 
        financial assistance to the management entity to develop and 
        implement the management plan.
            (2) Priority in assistance.--In assisting the management 
        entity, the Secretary shall give priority to actions that 
        assist in--
                    (A) conserving the significant historical, 
                cultural, and natural resources that support the 
                purpose of the Heritage Area; and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the 
                resources and associated values of the Heritage Area.
    (b) Approval and Disapproval of Management Plans.--
            (1) In general.--The Secretary, in consultation with the 
        Governor of the Commonwealth of Pennsylvania, shall approve or 
        disapprove a management plan submitted under this title not 
        later than 90 days after receipt of the management plan.
            (2) Action following disapproval.--
                    (A) In general.--If the Secretary disapproves a 
                management plan, the Secretary shall advise the 
                management entity in writing of the reasons for the 
                disapproval and shall make recommendations for 
                revisions to the management plan.
                    (B) Deadline for approval of revision.--The 
                Secretary shall approve or disapprove a proposed 
                revision within 90 days after the date on which the 
                revision is submitted to the Secretary.
    (c) Approval of Amendments.--
            (1) Review.--The Secretary shall review substantial 
        amendments (as determined under section 6(c)(8)) to the 
        management plan for the Heritage Area.
            (2) Requirement of approval.--Funds made available under 
        this title shall not be expended to implement the amendments 
        described in paragraph (1) until the Secretary approves the 
        amendments.

SEC. 108. SUNSET PROVISION.

    The Secretary shall not provide any grant or other assistance under 
this title after September 30, 2012.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this title $10,000,000, except that not more than $1,000,000 may be 
appropriated to carry out this title for any fiscal year.
    (b) 50-Percent Match.--The Federal share of the cost of activities 
carried out using any assistance or grant under this title shall not 
exceed 50 percent.

        TITLE II--SCHUYLKILL RIVER VALLEY NATIONAL HERITAGE AREA

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Schuylkill River Valley National 
Heritage Area Act''.

SEC. 202. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Schuylkill River Valley made a unique contribution 
        to the cultural, political, and industrial development of the 
        United States;
            (2) the Schuylkill River is distinctive as the first spine 
        of modern industrial development in Pennsylvania and one of the 
        first in the United States;
            (3) the Schuylkill River Valley played a significant role 
        in the struggle for nationhood;
            (4) the Schuylkill River Valley developed a prosperous and 
        productive agricultural economy that survives today;
            (5) the Schuylkill River Valley developed a charcoal iron 
        industry that made Pennsylvania the center of the iron industry 
        within the North American colonies;
            (6) the Schuylkill River Valley developed into a 
        significant anthracite mining region that continues to thrive 
        today;
            (7) the Schuylkill River Valley developed early 
        transportation systems, including the Schuylkill Canal and the 
        Reading Railroad;
            (8) the Schuylkill River Valley developed a significant 
        industrial base, including textile mills and iron works;
            (9) there is a longstanding commitment to--
                    (A) repairing the environmental damage to the river 
                and its surroundings caused by the largely unregulated 
                industrial activity; and
                    (B) completing the Schuylkill River Trail along the 
                128-mile corridor of the Schuylkill Valley;
            (10) there is a need to provide assistance for the 
        preservation and promotion of the significance of the 
        Schuylkill River as a system for transportation, agriculture, 
        industry, commerce, and immigration; and
            (11)(A) the Department of the Interior is responsible for 
        protecting the Nation's cultural and historical resources; and
            (B) there are significant examples of such resources within 
        the Schuylkill River Valley to merit the involvement of the 
        Federal Government in the development of programs and projects, 
        in cooperation with the Schuylkill River Greenway Association, 
        the State of Pennsylvania, and other local and governmental 
        bodies, to adequately conserve, protect, and interpret this 
        heritage for future generations, while providing opportunities 
        for education and revitalization.
    (b) Purposes.--The purposes of this title are--
            (1) to foster a close working relationship with all levels 
        of government, the private sector, and the local communities in 
        the Schuylkill River Valley of southeastern Pennsylvania and 
        enable the communities to conserve their heritage while 
        continuing to pursue economic opportunities; and
            (2) to conserve, interpret, and develop the historical, 
        cultural, natural, and recreational resources related to the 
        industrial and cultural heritage of the Schuylkill River Valley 
        of southeastern Pennsylvania.

SEC. 203. DEFINITIONS.

    In this title:
            (1) Cooperative agreement.--The term ``cooperative 
        agreement'' means the cooperative agreement entered into under 
        section 204(d).
            (2) Heritage area.--The term ``Heritage Area'' means the 
        Schuylkill River Valley National Heritage Area established by 
        section 204.
            (3) Management entity.--The term ``management entity'' 
        means the management entity of the Heritage Area appointed 
        under section 204(c).
            (4) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 205.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of 
        Pennsylvania.

SEC. 204. ESTABLISHMENT.

    (a) In General.--For the purpose of preserving and interpreting for 
the educational and inspirational benefit of present and future 
generations certain land and structures with unique and significant 
historical and cultural value associated with the early development of 
the Schuylkill River Valley, there is established the Schuylkill River 
Valley National Heritage Area.
    (b) Boundaries.--The Heritage Area shall be comprised of the 
Schuylkill River watershed within the counties of Schuylkill, Berks, 
Montgomery, Chester, and Philadelphia, Pennsylvania, as delineated by 
the Secretary.
    (c) Management Entity.--The management entity for the Heritage Area 
shall be the Schuylkill River Greenway Association.
    (d) Cooperative Agreement.--
            (1) In general.--To carry out this title, the Secretary 
        shall enter into a cooperative agreement with the management 
        entity.
            (2) Contents.--The cooperative agreement shall include 
        information relating to the objectives and management of the 
        Heritage Area, including--
                    (A) a description of the goals and objectives of 
                the Heritage Area, including a description of the 
                approach to conservation and interpretation of the 
                Heritage Area;
                    (B) an identification and description of the 
                management entity that will administer the Heritage 
                Area; and
                    (C) a description of the role of the State.

SEC. 205. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this title, the management entity shall submit to the Secretary for 
approval a management plan for the Heritage Area that presents 
comprehensive recommendations for the conservation, funding, 
management, and development of the Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) take into consideration State, county, and local plans;
            (2) involve residents, public agencies, and private 
        organizations working in the Heritage Area;
            (3) specify, as of the date of the plan, existing and 
        potential sources of funding to protect, manage, and develop 
        the Heritage Area; and
            (4) include--
                    (A) actions to be undertaken by units of government 
                and private organizations to protect the resources of 
                the Heritage Area;
                    (B) 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, historical, recreational, or scenic 
                significance;
                    (C) a recommendation of policies for resource 
                management that considers and details application of 
                appropriate land and water management techniques, 
                including the development of intergovernmental 
                cooperative agreements to protect the historical, 
                cultural, recreational, and natural resources of the 
                Heritage Area in a manner consistent with supporting 
                appropriate and compatible economic viability;
                    (D) a program for implementation of the management 
                plan by the management entity;
                    (E) an analysis of ways in which local, State, and 
                Federal programs may best be coordinated to promote the 
                purposes of this title; and
                    (F) an interpretation plan for the Heritage Area.
    (c) Disqualification From Funding.--If a management plan is not 
submitted to the Secretary on or before the date that is 3 years after 
the date of enactment of this title, the Heritage Area shall be 
ineligible to receive Federal funding under this title until the date 
on which the Secretary receives the management plan.
    (d) Update of Plan.--In lieu of developing an original management 
plan, the management entity may update and submit to the Secretary the 
Schuylkill Heritage Corridor Management Action Plan that was approved 
by the State in March, 1995, to meet the requirements of this section.

SEC. 206. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Authorities of the Management Entity.--For purposes of 
preparing and implementing the management plan, the management entity 
may--
            (1) make grants to, and enter into cooperative agreements 
        with, the State and political subdivisions of the State, 
        private organizations, or any person; and
            (2) hire and compensate staff.
    (b) Duties of the Management Entity.--The management entity shall--
            (1) develop and submit the management plan under section 
        205;
            (2) give priority to implementing actions set forth in the 
        cooperative agreement and the management plan, including taking 
        steps to--
                    (A) assist units of government, regional planning 
                organizations, and nonprofit organizations in--
                            (i) preserving the Heritage Area;
                            (ii) establishing and maintaining 
                        interpretive exhibits in the Heritage Area;
                            (iii) developing recreational resources in 
                        the Heritage Area;
                            (iv) increasing public awareness of and, 
                        appreciation for, the natural, historical, and 
                        architectural resources and sites in the 
                        Heritage Area;
                            (v) restoring historic buildings relating 
                        to the themes of the Heritage Area; and
                            (vi) ensuring that clear, consistent, and 
                        environmentally appropriate signs identifying 
                        access points and sites of interest are 
                        installed throughout the Heritage Area;
                    (B) encourage economic viability in the Heritage 
                Area consistent with the goals of the management plan; 
                and
                    (C) encourage local governments to adopt land use 
                policies consistent with the management of the Heritage 
                Area and the goals of the management plan;
            (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 approval of the 
        Secretary; and
            (6) for any fiscal year in which Federal funds are received 
        under this title--
                    (A) submit to the Secretary a report describing--
                            (i) the accomplishments of the management 
                        entity;
                            (ii) the expenses and income of the 
                        management entity; and
                            (iii) each entity to which the management 
                        entity made any grant during the fiscal year;
                    (B) make available for audit all records pertaining 
                to the expenditure of Federal funds and any matching 
                funds, and require, for all agreements authorizing 
                expenditure of Federal funds by organizations other 
                than the management entity, that the receiving 
                organizations make available for audit all records 
                pertaining to the expenditure of such funds; and
                    (C) require, for all agreements authorizing 
                expenditure of Federal funds by organizations other 
                than the management entity, that the receiving 
                organizations make available for audit all records 
                pertaining to the expenditure of Federal funds.
    (c) Use of Federal Funds.--
            (1) In general.--The management entity shall not use 
        Federal funds received under this title to acquire real 
        property or an interest in real property.
            (2) Other sources.--Nothing in this title precludes the 
        management entity from using Federal funds from other sources 
        for their permitted purposes.
    (d) Spending for Non-Federally Owned Property.--The management 
entity may spend Federal funds directly on non-federally owned property 
to further the purposes of this title, 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.

SEC. 207. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--
            (1) In general.--At the request of the management entity, 
        the Secretary may provide technical and financial assistance to 
        the Heritage Area to develop and implement the management plan.
            (2) Priorities.--In assisting the management entity, the 
        Secretary shall give priority to actions that assist in--
                    (A) conserving the significant natural, historical, 
                and cultural resources that support the themes of the 
                Heritage Area; and
                    (B) providing educational, interpretive, and 
                recreational opportunities consistent with the 
                resources and associated values of the Heritage Area.
    (b) Approval and Disapproval of Cooperative Agreements and 
Management Plans.--
            (1) In general.--Not later than 90 days after receiving a 
        cooperative agreement or management plan submitted under this 
        title, the Secretary, in consultation with the Governor of the 
        State, shall approve or disapprove the cooperative agreement or 
        management plan.
            (2) Management plan contents.--In reviewing the plan, the 
        Secretary shall consider whether the composition of the 
        management entity and the plan adequately reflect diverse 
        interest of the region, including those of--
                    (A) local elected officials,
                    (B) the State,
                    (C) business and industry groups,
                    (D) organizations interested in the protection of 
                natural and cultural resources, and
                    (E) other community organizations and individual 
                stakeholders.
            (3) Action following disapproval.--
                    (A) In general.--If the Secretary disapproves a 
                cooperative agreement or management plan, the Secretary 
                shall--
                            (i) advise the management entity in writing 
                        of the reasons for the disapproval; and
                            (ii) make recommendations for revisions in 
                        the cooperative agreement or plan.
                    (B) Time period for disapproval.--Not later than 90 
                days after the date on which a revision described under 
                subparagraph (A)(ii) is submitted, the Secretary shall 
                approve or disapprove the proposed revision.
    (c) Approval of Amendments.--
            (1) In general.--The Secretary shall review and approve 
        substantial amendments to the management plan.
            (2) Funding expenditure limitation.--Funds appropriated 
        under this title may not be expended to implement any 
        substantial amendment until the Secretary approves the 
        amendment.

SEC. 208. CULTURE AND HERITAGE OF ANTHRACITE COAL REGION.

    (a) In General.--The management entities of heritage areas (other 
than the Heritage Area) in the anthracite coal region in the State 
shall cooperate in the management of the Heritage Area.
    (b) Funding.--Management entities described in subsection (a) may 
use funds appropriated for management of the Heritage Area to carry out 
this section.

SEC. 209. SUNSET.

    The Secretary may not make any grant or provide any assistance 
under this title after the date that is 15 years after the date of 
enactment of this title.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title not more than $10,000,000, of which not more than 
$1,000,000 is authorized to be appropriated for any one fiscal year.
    (b) Federal Share.--Federal funding provided under this title may 
not exceed 50 percent of the total cost of any project or activity 
funded under this title.

            Amend the title so as to read: ``An Act to designate the 
        Lackawanna Valley and the Schuylkill River National Heritage 
        Areas, and for other purposes.''.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 940

_______________________________________________________________________

                               AMENDMENTS