[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2247 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2247

_______________________________________________________________________

                                 AN ACT


 
 To establish the Wheeling National Heritage Area in the State of West 
                   Virginia, 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 ``Wheeling National Heritage Area Act 
of 2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the area in an around Wheeling, West Virginia, 
        possesses important historical, cultural, and natural 
        resources, representing major heritage themes of 
        transportation, commerce and industry, and Victorian culture in 
        the United States;
            (2) the City of Wheeling has played an important part in 
        the settlement of this country by serving as--
                    (A) the western terminus of the National Road of 
                the early 1800's;
                    (B) the ``Crossroads of America'' throughout the 
                nineteenth century;
                    (C) one of the few major inland ports in the 
                nineteenth century; and
                    (D) the site for the establishment of the Restored 
                State of Virginia, and later the State of West 
                Virginia, during the Civil War and as the first capital 
                of the new State of West Virginia;
            (3) the City of Wheeling has also played an important role 
        in the industrial and commercial heritage of the United States, 
        through the development and maintenance of many industries 
        crucial to the Nation's expansion, including iron and steel, 
        textile manufacturing, boat building, glass manufacturing, and 
        stogie and chewing tobacco manufacturing facilities, many of 
        which are industries that continue to play an important role in 
        the national economy;
            (4) the city of Wheeling has retained its national heritage 
        themes with the designations of the old custom house (now 
        Independence Hall) and the historic suspension bridge as 
        National Historic Landmarks; with five historic districts; and 
        many individual properties in the Wheeling area listed or 
        eligible for nomination to the National Register of Historic 
        Places;
            (5) the heritage themes and number and diversity of 
        Wheeling's remaining resources should be appropriately 
        retained, enhanced, and interpreted for the education, benefit, 
        and inspiration of the people of the United States; and
            (6) in 1992 a comprehensive plan for the development and 
        administration of the Wheeling National Heritage Area was 
        completed for the National Park Service, the City of Wheeling, 
        and the Wheeling National Heritage Task Force, including--
                    (A) an inventory of the natural and cultural 
                resources in the City of Wheeling;
                    (B) criteria for preserving and interpreting 
                significant natural and historic resources;
                    (C) a strategy for the conservation, preservation, 
                and reuse of the historical and cultural resources in 
                the City of Wheeling and the surrounding region; and
                    (D) an implementation agenda by which the State of 
                West Virginia and local governments can coordinate 
                their resources as well as a complete description of 
                the management entity responsible for implementing the 
                comprehensive plan.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize the special importance of the history and 
        development of the Wheeling area in the cultural heritage of 
        the Nation;
            (2) to provide a framework to assist the City of Wheeling 
        and other public and private entities and individuals in the 
        appropriate preservation, enhancement, and interpretation of 
        significant resources in the Wheeling area emblematic of 
        Wheeling's contributions to the Nation's cultural heritage;
            (3) to allow for limited Federal, State and local capital 
        contributions for planning and infrastructure investments to 
        complete the Wheeling National Heritage Area, in partnership 
        with the State of West Virginia, the City of Wheeling, and 
        other appropriate public and private entities; and
            (4) to provide for an economically self-sustaining National 
        Heritage Area not dependent on Federal financial assistance 
        beyond the initial years necessary to establish the heritage 
        area.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) the term ``city'' means the City of Wheeling;
            (2) the term ``heritage area'' means the Wheeling National 
        Heritage Area established in section 4;
            (3) the term ``plan'' means the ``Plan for the Wheeling 
        National Heritage Area'' dated August, 1992;
            (4) the term ``Secretary'' means the Secretary of the 
        Interior; and
            (5) the term ``State'' means the State of West Virginia.

SEC. 4. WHEELING NATIONAL HERITAGE AREA.

    (a) Establishment.--In furtherance of the purposes of this Act, 
there is established in the State of West Virginia the Wheeling 
National Heritage Area, as generally depicted on the map entitled 
``Boundary Map, Wheeling National Heritage Area, Wheeling, West 
Virginia'' and dated March, 1994. The map shall be on file and 
available for public inspection in the appropriate offices of the 
National Park Service.
    (b) Management Entity.--(1) The management entity for the heritage 
area shall be the Wheeling National Heritage Area Corporation, a non-
profit corporation chartered in the State of West Virginia.
    (2) To the extent consistent with this Act, the management entity 
shall manage the heritage area in accordance with the plan.

SEC. 5. DUTIES OF THE MANAGEMENT ENTITY.

    (a) Mission.--(1) The primary mission of the management entity 
shall be--
            (A) to implement and coordinate the recommendations 
        contained in the plan;
            (B) ensure integrated operation of the heritage area; and
            (C) conserve and interpret the historic and cultural 
        resources of the heritage area.
    (2) The management entity shall also direct and coordinate the 
diverse conservation, development, programming, educational, and 
interpretive activities within the heritage area.
    (b) Recognition of Plan.--The management entity shall work with the 
State of West Virginia and local governments to ensure that the plan is 
formally adopted by the City and recognized by the State.
    (c) Implementation.--To the extent practicable, the management 
entity shall--
            (1) implement the recommendations contained in the plan in 
        a timely manner pursuant to the schedule identified in the 
        plan--
            (2) coordinate its activities with the City, the State, and 
        the Secretary;
            (3) ensure the conservation and interpretation of the 
        heritage area's historical, cultural, and natural resources, 
        including--
                    (A) assisting the City and the State in the 
                preservation of sites, buildings, and objects within 
                the heritage area which are listed or eligible for 
                listing on the National Register of Historic Places;
                    (B) assisting the City, the State, or a nonprofit 
                organization in the restoration of any historic 
                building in the heritage area;
                    (C) increasing public awareness of and appreciation 
                for the natural, cultural, and historic resources of 
                the heritage area;
                    (D) assisting the State or City in designing, 
                establishing, and maintaining appropriate interpretive 
                facilities and exhibits in the heritage area;
                    (E) assisting in the enhancement of public 
                awareness and appreciation for the historical, 
                archaeological, and geologic resources and sites in the 
                heritage area; and
                    (F) encouraging the City and other local 
                governments to adopt land use policies consistent with 
                the goals of the plan, and to take actions to implement 
                those policies;
            (4) encourage intergovernmental cooperation in the 
        achievement of these objectives;
            (5) develop recommendations for design standards within the 
        heritage area; and
            (6) seek to create public-private partnerships to finance 
        projects and initiatives within the heritage area.
    (d) Authorities.--The management entity may, for the purposes of 
implementing the plan, use Federal funds made available by this Act 
to--
            (1) make grants to the State, City, or other appropriate 
        public or private organizations, entities, or persons;
            (2) enter into cooperative agreements with, or provide 
        technical assistance to Federal agencies, the State, City or 
        other appropriate public or private organizations, entities, or 
        persons;
            (3) hire and compensate such staff as the management entity 
        deems necessary;
            (4) obtain money from any source under any program or law 
        requiring the recipient of such money to make a contribution in 
        order to receive such money;
            (5) spend funds on promotion and marketing consistent with 
        the resources and associated values of the heritage area in 
        order to promote increased visitation; and
            (6) contract for goods and services.
    (e) Acquisition of Real Property.--(1) Except as provided in 
paragraph (2), the management entity may not acquire any real property 
or interest therein within the heritage area, other than the leasing of 
facilities.
    (2)(A) Subject to subparagraph (B), the management entity may 
acquire real property, or an interest therein, within the heritage area 
by gift or devise, or by purchase from a willing seller with money 
which was donated, bequeathed, appropriated, or otherwise made 
available to the management entity on the condition that such money be 
used to purchase real property, or interest therein, within the 
heritage area.
    (B) Any real property or interest therein acquired by the 
management entity pursuant to this paragraph shall be conveyed in 
perpetuity by the management entity to an appropriate public or private 
entity, as determined by the management entity. Any such conveyance 
shall be made as soon as practicable after acquisition, without 
consideration, and on the condition that the real property or interest 
therein so conveyed shall be used for public purposes.
    (f) Revision of Plan.--Within 18 months after the date of 
enactment, the management entity shall submit to the Secretary a 
revised plan. Such revision shall include, but not be limited to--
            (1) a review of the implementation agenda for the heritage 
        area;
            (2) projected capital costs; and
            (3) plans for partnership initiatives and expansion of 
        community support.

SEC. 6. DUTIES OF THE SECRETARY.

    (a) Interpretive Support.--The Secretary may, upon request of the 
management entity, provide appropriate interpretive, planning, 
educational, staffing, exhibits, and other material or support for the 
heritage area, consistent with the plan and as appropriate to the 
resources and associated values of the heritage area.
    (b) Technical Assistance.--The Secretary may, upon request of the 
management entity and consistent with the plan, provide technical 
assistance to the management entity.
    (c) Cooperative Agreements and Grants.--The Secretary may, in 
consultation with the management entity and consistent with the 
management plan, make grants to, and enter into cooperative agreements 
with the management entity, the State, City, non-profit organization or 
any person.
    (d) Plan Amendments.--No amendments to the plan may be made unless 
approved by the Secretary. The Secretary shall consult with the 
management entity in reviewing any proposed amendments.

SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES.

    Any Federal department, agency, or other entity conducting or 
supporting activities directly affecting the heritage area shall--
            (1) consult with the Secretary and the management entity 
        with respect to such activities;
            (2) cooperate with the Secretary and the management entity 
        in carrying out their duties under this Act, and to the extent 
        practicable, coordinate such activities directly with the 
        duties of the Secretary and the management entity;
            (3) to the extent practicable, conduct or support such 
        activities in a manner which the management entity determines 
        will not have an adverse effect on the heritage area.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, except that not more than $1,000,000 may be 
appropriated to carry out this Act for any fiscal year.
    (b) Matching Funds.--Federal funding provided under this Act shall 
be matched at least 25 percent by other funds or in-kind services.

SEC. 9. SUNSET.

    The Secretary may not make any grant or provide any assistance 
under this Act after September 30, 2015.

            Passed the Senate September 18, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2247

_______________________________________________________________________

                                 AN ACT

 To establish the Wheeling National Heritage Area in the State of West 
                   Virginia, and for other purposes.