[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 905 Reported in Senate (RS)]






                                                       Calendar No. 319
106th CONGRESS
  1st Session
                                 S. 905

                          [Report No. 106-185]

       To establish the Lackawanna Valley American Heritage Area.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 1999

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

                            October 14, 1999

  Reported by Mr. Murkowski, with amendments and an amendment to the 
                                 title
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
       To establish the Lackawanna Valley American Heritage Area.

    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 ``Lackawanna Valley <DELETED>American 
</DELETED>National Heritage Area Act of 1999''.

SEC. 2. 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 
<DELETED>American </DELETED>National Heritage Area and this Act 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. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Lackawanna Valley <DELETED>American </DELETED>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. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.

    (a) Establishment.--There is established the Lackawanna Valley 
<DELETED>American </DELETED>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. 5. COMPACT.

    (a) In General.--To carry out this Act, 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. 6. AUTHORITIES AND DUTIES OF MANAGEMENT 
              ENTITY.

    (a) Authorities of Management Entity.--The management entity may, 
for the purposes of preparing and implementing the management plan, use 
funds made <DELETED>available under this Act-- </DELETED>available 
under this Act to hire and compensate staff.
        <DELETED>    (1) to make loans and grants to, and enter into 
        cooperative agreements with, any State or political subdivision 
        of a State, private organization, or person; and</DELETED>
        <DELETED>    (2) to hire and compensate staff.</DELETED>
    (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 Act 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 Act--
                    (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; <DELETED>and
                        </DELETED>    (iii) each entity to which any 
                        loan or grant was made during the year;
                </DELETED>    (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 act.--The management 
        entity shall not use Federal funds received under this Act to 
        acquire real property or any interest in real property.
            (2) Funds from other sources.--Nothing in this Act 
        precludes the management entity from using Federal funds 
        obtained through law other than this Act for any purpose for 
        which the funds are authorized to be used.

SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

<DELETED>    (a) Technical and Financial Assistance.--</DELETED>
        <DELETED>    (1) In general.--</DELETED>
                <DELETED>    (A) 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.</DELETED>
                <DELETED>    (B) Priority in assistance.--In assisting 
                the management entity, the Secretary shall give 
                priority to actions that assist in--</DELETED>
                        <DELETED>    (i) conserving the significant 
                        historical, cultural, and natural resources 
                        that support the purposes of the Heritage Area; 
                        and</DELETED>
                        <DELETED>    (ii) providing educational, 
                        interpretive, and recreational opportunities 
                        consistent with the resources and associated 
                        values of the Heritage Area.</DELETED>
        <DELETED>    (2) Expenditures for non-federally owned 
        property.--</DELETED>
                <DELETED>    (A) In general.--To further the purposes 
                of this Act, the Secretary may expend Federal funds 
                directly on non-federally owned property, especially 
                for assistance to units of government relating to 
                appropriate treatment of districts, sites, buildings, 
                structures, and objects listed or eligible for listing 
                on the National Register of Historic Places.</DELETED>
                <DELETED>    (B) Studies.--The Historic American 
                Buildings Survey/Historic American Engineering Record 
                shall conduct such studies as are necessary to document 
                the industrial, engineering, building, and 
                architectural history of the Heritage Area.</DELETED>
    (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 Act 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 Act shall not be expended to implement the amendments 
        described in paragraph (1) until the Secretary approves the 
        amendments.

SEC. 8. SUNSET PROVISION.

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

SEC. 9. 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) 50 Percent Match.--The Federal share of the cost of activities 
carried out using any assistance or grant under this Act shall not 
exceed 50 percent.
            Amend the title so as to read: ``To establish the 
        Lackawanna Valley National Heritage Area and for other 
        purposes.''
                                     

                                                       Calendar No. 319

106th CONGRESS

  1st Session

                                 S. 905

                          [Report No. 106-185]

_______________________________________________________________________

                                 A BILL

       To establish the Lackawanna Valley American Heritage Area.

_______________________________________________________________________

                            October 14, 1999

         Reported with amendments and an amendment to the title