[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 349 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 349

  To establish the Susquehanna Gateway National Heritage Area in the 
             State of Pennsylvania, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2009

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

_______________________________________________________________________

                                 A BILL


 
  To establish the Susquehanna Gateway National Heritage Area in the 
             State of Pennsylvania, 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 ``Susquehanna Gateway National 
Heritage Area Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) numerous sites of significance to the heritage of the 
        United States are located within the boundaries of the proposed 
        Susquehanna Gateway National Heritage Area, which includes the 
        Lower Susquehanna River corridor and all of Lancaster and York 
        Counties in the State of Pennsylvania;
            (2) included among the more than 200 historically 
        significant sites, structures, districts, and tours in the area 
        are--
                    (A) the home of a former United States President;
                    (B) the community where the Continental Congress 
                adopted the Articles of Confederation;
                    (C) the homes of many prominent figures in the 
                history of the United States;
                    (D) the preserved agricultural landscape of the 
                Plain communities of Lancaster County, Pennsylvania;
                    (E) the exceptional beauty and rich cultural 
                resources of the Susquehanna River Gorge;
                    (F) numerous National Historic Landmarks, National 
                Historic Districts, and Main Street communities; and
                    (G) many thriving examples of the nationally 
                significant industrial and agricultural heritage of the 
                region, which are collectively and individually of 
                significance to the history of the United States;
            (3) in 1999, a regional, collaborative public-private 
        partnership of organizations and agencies began an initiative 
        to assess historic sites in Lancaster and York Counties, 
        Pennsylvania, for consideration as a Pennsylvania Heritage 
        Area;
            (4) the initiative--
                    (A) issued a feasibility study of significant 
                stories, sites, and structures associated with Native 
                American, African-American, European-American, Colonial 
                American, Revolutionary, and Civil War history; and
                    (B) concluded that the sites and area--
                            (i) possess historical, cultural, and 
                        architectural values of significance to the 
                        United States; and
                            (ii) retain a high degree of historical 
                        integrity;
            (5) in 2001, the feasibility study was followed by 
        development of a management action plan and designation of the 
        area by the State of Pennsylvania as an official Pennsylvania 
        Heritage Area;
            (6) in 2008, a feasibility study report for the Heritage 
        Area--
                    (A) was prepared and submitted to the National Park 
                Service--
                            (i) to document the significance of the 
                        area to the United States; and
                            (ii) to demonstrate compliance with the 
                        interim criteria of the National Park Service 
                        for National Heritage Area designation; and
                    (B) found that throughout the history of the United 
                States, Lancaster and York Counties and the Susquehanna 
                Gateway region have played a key role in the 
                development of the political, cultural, and economic 
                identity of the United States;
            (7) the people of the region in which the Heritage Area is 
        located have--
                    (A) advanced the cause of freedom; and
                    (B) shared their agricultural bounty and industrial 
                ingenuity with the world;
            (8) the town and country landscapes and natural wonders of 
        the area are visited and treasured by people from across the 
        globe;
            (9) for centuries, the Susquehanna River has been an 
        important corridor of culture and commerce for the United 
        States, playing key roles as a major fishery, transportation 
        artery, power generator, and place for outdoor recreation;
            (10) the river and the region were a gateway to the early 
        settlement of the ever-moving frontier;
            (11) the area played a critical role as host to the 
        Colonial government during a turning point in the Revolutionary 
        War;
            (12) the rural landscape created by the Amish and other 
        Plain people of the region is of a scale and scope that is 
        rare, if not entirely unknown in any other region, in the 
        United States;
            (13) for many people in the United States, the Plain people 
        of the region personify the virtues of faith, honesty, 
        community, and stewardship at the heart of the identity of the 
        United States;
            (14) the regional stories of people, land, and waterways in 
        the area are essential parts of the story of the United States 
        and exemplify the qualities inherent in a National Heritage 
        Area;
            (15) in 2008, the National Park Service found, based on a 
        comprehensive review of the Susquehanna Gateway National 
        Heritage Area Feasibility Study Report, that the area meets the 
        10 interim criteria of the National Park Service for 
        designation of a National Heritage Area;
            (16) the preservation and interpretation of the sites 
        within the Heritage Area will make a vital contribution to the 
        understanding of the development and heritage of the United 
        States for the education and benefit of present and future 
        generations;
            (17) the Secretary of the Interior is responsible for 
        protecting the historic and cultural resources of the United 
        States;
            (18) there are significant examples of historic and 
        cultural resources within the Heritage Area that merit the 
        involvement of the Federal Government, in cooperation with the 
        management entity and State and local governmental bodies, to 
        develop programs and projects to adequately conserve, support, 
        protect, and interpret the heritage of the area;
            (19) partnerships between the Federal Government, State and 
        local governments, regional entities, the private sector, and 
        citizens of the area offer the most effective opportunities for 
        the enhancement and management of the historic sites throughout 
        the Heritage Area to promote the cultural and historic 
        attractions of the Heritage Area for visitors and the local 
        economy; and
            (20) the Lancaster-York Heritage Region, a 501(c)(3) 
        nonprofit corporation and State-designated management entity of 
        the Pennsylvania Heritage Area, would be an appropriate 
        management entity for the Heritage Area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Susquehanna Gateway National Heritage Area established by 
        section 4(a).
            (2) Management entity.--The term ``management entity'' 
        means the management entity for the Heritage Area designated by 
        section 5(a).
            (3) Management plan.--The term ``management plan'' means 
        the plan developed by the management entity under section 6(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of 
        Pennsylvania.

SEC. 4. ESTABLISHMENT OF SUSQUEHANNA GATEWAY NATIONAL HERITAGE AREA.

    (a) In General.--There is established in the State the Susquehanna 
Gateway National Heritage Area.
    (b) Boundaries.--The Heritage Area shall include a core area 
located in south-central Pennsylvania consisting of an 1869-square-mile 
region east and west of the Susquehanna River and encompassing 
Lancaster and York Counties.
    (c) Map.--A map of the Heritage Area shall be--
            (1) included in the management plan; and
            (2) on file in the appropriate offices of the National Park 
        Service.

SEC. 5. DESIGNATION OF MANAGEMENT ENTITY.

    (a) Management Entity.--The Lancaster-York Heritage Region shall be 
the management entity for the Heritage Area.
    (b) Authorities of Management Entity.--The management entity may, 
for purposes of preparing and implementing the management plan, use 
Federal funds made available under this Act--
            (1) to prepare reports, studies, interpretive exhibits and 
        programs, historic preservation projects, and other activities 
        recommended in the management plan for the Heritage Area;
            (2) to pay for operational expenses of the management 
        entity;
            (3) to make grants to the State, political subdivisions of 
        the State, nonprofit organizations, and other persons;
            (4) to enter into cooperative agreements with the State, 
        political subdivisions of the State, nonprofit organizations, 
        and other organizations;
            (5) to hire and compensate staff;
            (6) to obtain funds or services from any source, including 
        funds and services provided under any other Federal program or 
        law; and
            (7) to contract for goods and services.
    (c) Duties of Management Entity.--To further the purposes of the 
Heritage Area, the management entity shall--
            (1) prepare a management plan for the Heritage Area in 
        accordance with section 6;
            (2) give priority to the implementation of actions, goals, 
        and strategies set forth in the management plan, including 
        assisting units of government and other persons in--
                    (A) carrying out programs and projects that 
                recognize and protect important resource values in the 
                Heritage Area;
                    (B) encouraging economic viability in the Heritage 
                Area in accordance with the goals of the management 
                plan;
                    (C) establishing and maintaining interpretive 
                exhibits in the Heritage Area;
                    (D) developing heritage-based recreational and 
                educational opportunities for residents and visitors in 
                the Heritage Area;
                    (E) increasing public awareness of and appreciation 
                for the natural, historic, and cultural resources of 
                the Heritage Area;
                    (F) restoring historic buildings that are--
                            (i) located in the Heritage Area; and
                            (ii) related to the themes of the Heritage 
                        Area; and
                    (G) installing throughout the Heritage Area clear, 
                consistent, and appropriate signs identifying public 
                access points and sites of interest;
            (3) consider the interests of diverse units of government, 
        businesses, tourism officials, private property owners, and 
        nonprofit groups within the Heritage Area in developing and 
        implementing the management plan;
            (4) conduct public meetings at least semiannually regarding 
        the development and implementation of the management plan; and
            (5) for any fiscal year for which Federal funds are 
        received under this Act--
                    (A) submit to the Secretary an annual report that 
                describes--
                            (i) the accomplishments of the management 
                        entity;
                            (ii) the expenses and income of the 
                        management entity; and
                            (iii) the entities to which the management 
                        entity made any grants;
                    (B) make available for audit all records relating 
                to the expenditure of the Federal funds and any 
                matching funds; and
                    (C) require, with respect to all agreements 
                authorizing the expenditure of Federal funds by other 
                organizations, that the receiving organizations make 
                available for audit all records relating to the 
                expenditure of the Federal funds.
    (d) Prohibition on Acquisition of Real Property.--
            (1) In general.--The management entity shall not use 
        Federal funds received under this Act to acquire real property 
        or any interest in real property.
            (2) Other sources.--Nothing in this Act precludes the 
        management entity from using Federal funds from other sources 
        for authorized purposes, including the acquisition of real 
        property or any interest in real property.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are first made available to carry out this Act, the management 
entity shall prepare and submit to the Secretary a management plan for 
the Heritage Area.
    (b) Contents.--The management plan for the Heritage Area shall--
            (1) include comprehensive policies, strategies, and 
        recommendations for the conservation, funding, management, and 
        development of the Heritage Area;
            (2) take into consideration existing State, county, and 
        local plans;
            (3) specify the existing and potential sources of funding 
        to protect, manage, and develop the Heritage Area;
            (4) include an inventory of the natural, historic, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area relating to the themes of the Heritage Area 
        that should be preserved, restored, managed, developed, or 
        maintained; and
            (5) include an analysis of, and recommendations for, ways 
        in which Federal, State, and local programs, may best be 
        coordinated to further the purposes of this Act, including 
        recommendations for the role of the National Park Service in 
        the Heritage Area.
    (c) Disqualification From Funding.--If a proposed management plan 
is not submitted to the Secretary by the date that is 3 years after the 
date on which funds are first made available to carry out this Act, the 
management entity may not receive additional funding under this Act 
until the date on which the Secretary receives the proposed management 
plan.
    (d) Approval and Disapproval of Management Plan.--
            (1) In general.--Not later than 180 days after the date on 
        which the management entity submits the management plan to the 
        Secretary, the Secretary shall approve or disapprove the 
        proposed management plan.
            (2) Considerations.--In determining whether to approve or 
        disapprove the management plan, the Secretary shall consider 
        whether--
                    (A) the management entity is representative of the 
                diverse interests of the Heritage Area, including 
                governments, natural and historic resource protection 
                organizations, educational institutions, businesses, 
                and recreational organizations;
                    (B) the management entity has provided adequate 
                opportunities (including public meetings) for public 
                and governmental involvement in the preparation of the 
                management plan;
                    (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                historic, and cultural resources of the Heritage Area; 
                and
                    (D) the management plan is supported by the 
                appropriate State and local officials, the cooperation 
                of which is needed to ensure the effective 
                implementation of the State and local aspects of the 
                management plan.
            (3) Disapproval and revisions.--
                    (A) In general.--If the Secretary disapproves a 
                proposed management plan, the Secretary shall--
                            (i) advise the management entity, in 
                        writing, of the reasons for the disapproval; 
                        and
                            (ii) make recommendations for revision of 
                        the proposed management plan.
                    (B) Approval or disapproval.--The Secretary shall 
                approve or disapprove a revised management plan not 
                later than 180 days after the date on which the revised 
                management plan is submitted.
    (e) Approval of Amendments.--
            (1) In general.--The Secretary shall review and approve or 
        disapprove substantial amendments to the management plan in 
        accordance with subsection (d).
            (2) Funding.--Funds appropriated under this Act may not be 
        expended to implement any changes made by an amendment to the 
        management plan until the Secretary approves the amendment.

SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities with the 
Secretary and the management entity to the extent practicable.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law or regulation 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any property owner (whether 
        public or private), including the right to refrain from 
        participating in any plan, project, program, or activity 
        conducted within the Heritage Area;
            (2) requires any property owner to permit public access 
        (including access by Federal, State, or local agencies) to the 
        property of the property owner, or to modify public access or 
        use of property of the property owner under any other Federal, 
        State, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, or local agency, or conveys any land use or other 
        regulatory authority to the management entity;
            (4) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (5) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (6) creates any liability, or affects any liability under 
        any other law, of any private property owner with respect to 
        any person injured on the private property.

SEC. 9. EVALUATION; REPORT.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area, the 
Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
            (2) prepare a report in accordance with subsection (c).
    (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
            (1) assess the progress of the management entity with 
        respect to--
                    (A) accomplishing the purposes of this Act for the 
                Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
            (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area for purposes of 
        identifying the critical components for sustainability of the 
        Heritage Area.
    (c) Report.--
            (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), the Secretary shall prepare a report that 
        includes recommendations for the future role of the National 
        Park Service, if any, with respect to the Heritage Area.
            (2) Required analysis.--If the report prepared under 
        paragraph (1) recommends that Federal funding for the Heritage 
        Area be reauthorized, the report shall include an analysis of--
                    (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination.
            (3) Submission to congress.--On completion of the report, 
        the Secretary shall submit the report to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000, of which not more than $1,000,000 may be 
authorized to be appropriated for any fiscal year.
    (b) Cost-Sharing Requirement.--The Federal share of the cost of any 
activity carried out using funds made available under this Act shall be 
not more than 50 percent.

SEC. 11. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide financial assistance 
under this Act terminates on the date that is 15 years after the date 
of enactment of this Act.
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