[Congressional Record Volume 140, Number 38 (Tuesday, April 12, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: April 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
WHEELING NATIONAL HERITAGE AREA ACT OF 1994
Mr. VENTO. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2843) to establish the Wheeling National Heritage Area in the
State of West Virginia, and for other purposes, as amended.
The Clerk read as follows:
H.R. 2843
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 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that:
(1) The community of Wheeling, West Virginia, and vicinity,
possess important historical, cultural, and natural
resources, representing major heritage themes of
transportation and commerce and industry and Victorian
culture in the United States.
(2) The City of Wheeling played an important part in the
settlement of this country by serving as the western terminus
of the National Road in the early 1800's, by serving as one
of the few major inland ports in the nineteenth century, by
hosting the establishment of the Restored State of Virginia,
and later the State of West Virginia during the Civil War
years and serving as the first capital of the new State of
West Virginia, through the development and maintenance of
many industries crucial to the Nation's expansion, including
iron and steel, and textile manufacturing facilities, boat
building facilities, glass manufacturing facilities, stogie
and chewing tobacco manufacturing facilities, many of which
are industries that continue to play an important role in the
Nation's economy.
(3) The City of Wheeling has retained its national heritage
themes with the designations of the old custom house, now
Independence Hall, as a National Historic Landmark; with the
designation of the historic suspension bridge as a National
Historic Landmark; with five historic districts, and many
individual properties in the Wheeling area listed or eligible
for nomination to the National Register of Historic Places.
(4) 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.
(b) Purposes.--The purposes of this Act are to:
(1) Recognize the importance of the history and development
of the Wheeling area in the cultural heritage of the Nation.
(2) 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
resources in the Wheeling area emblematic of Wheeling's
contributions to that cultural heritage.
(3) Allow for limited Federal, State and local capital
contributions for planning and infrastructure investments to
create the Wheeling National Heritage Area, in partnership
with the State of West Virginia and the City of Wheeling,
West Virginia and its designees; and to provide for an
economically self-sustaining National Heritage Area not
dependent on Federal assistance beyond the initial years
necessary to establish the National Heritage Area.
SEC. 3. DEFINITION.
As used in this Act, the term ``Plan'' refers to the Plan
for the Wheeling National Heritage Area, prepared for the
Wheeling National Heritage Area Task Force, the City of
Wheeling, and the National Park Service, published in Auguast
1992, which Plan includes--
(1) an inventory of the natural and cultural resources in
the City of Wheeling;
(2) criteria for preserving and interpreting significant
natural and historic resources;
(3) a strategy for the conservation, preservation, and
reuse of the historical and cultural resources in the City of
Wheeling and the region; and
(4) an implementation agenda by which the State of West
Virginia and local governments can program their resources as
well as a complete description of the management entity
responsible for implementing the Plan.
SEC. 4. DESIGNATION OF NATIONAL HERITAGE AREA.
In furtherance of the purpose of this Act, there is hereby
established the Wheeling National Heritage area in the State
of West Virginia (hereinafter referred to as the ``Area'').
The Area shall include those lands and waters within the
boundary generally depicted on the map entitled, ``Boundary
Map, Wheeling National Heritage Area, West Virginia'', which
shall be on file and available for public inspection in the
offices of the National Park Service, Department of the
Interior, and in Wheeling, West Virginia.
SEC. 5. DUTIES OF THE SECRETARY.
(a) Purpose.--To carry out the purposes of this Act, the
Secretary of the Interior shall--
(1) assist appropriate local entities in the development of
interpretive and educational materials as specified in the
Plan or subsequent planning efforts (for example, the
interpretive master plan); and
(2) provide funds for capital improvements to projects and
initial operating assistance consistent with the Plan.
(b) Technical Assistance.--The Secretary shall, as outlined
in the Plan, provide technical assistance to appropriate
local entities in the preparation of any plans or studies
pursuant to the Plan.
(c) Capital Projects.--(1) Application for funds for
capital projects and improvements under this Act shall be
submitted to the Secretary and shall include a description of
how the project proposed to be funded will further the
purposes of the Area.
(2) In making such funds available, the Secretary shall
give consideration to projects which provide a greater
leverage of Federal funds. Any payment made shall be subject
to an agreement that conversion, use, or disposal of the
project so assisted for purposes contrary to the purposes of
this Act, as determined by the Secretary, shall result in a
right of the United States of reimbursement of all funds made
available to such project or the proportion of the increased
value of the project attributable to such funds as determined
at the time of such conversion, use, or disposal, whichever
is greater.
SEC. 6. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal department, agency or other entity conducting
or supporting activities directly affecting the Area shall--
(1) consult with the Secretary of the Interior with respect
to such activities;
(2) cooperate with the Secretary of the Interior in
carrying out its duties under this Act and, to the maximum
extent practicable, coordinate such activities with the
carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner which the Secretary of the
Interior determines will not have an adverse affect on the
Area.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of
the Interior to carry out this Act not more then--
(1) $5,000,000 for capital projects;
(2) $1,000,000 for planning and studies; and
(3) $500,000 for technical assistance.
Funds made available pursuant to paragraphs (1) and (2)
shall not exceed 50 percent of the total costs of the project
to be funded.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Minnesota [Mr. Vento] will be recognized for 20 minutes, and the
gentleman from Colorado [Mr. Allard] will be recognized for 20 minutes.
The Chair recognizes the gentleman from Minnesota [Mr. Vento].
general leave
Mr. VENTO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks on
the measure now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 2843, establishes the Wheeling National Heritage
Area in the State of West Virginia. This bill was introduced by
Representative Mollohan on August 3, 1993, and was favorably reported
to the House of Representatives by the Committee on Natural Resources
on March 23, 1994.
Wheeling, WV became a center of transportation and industry in the
first half of the 19th century. Serving as the western terminus of the
National Road in the early 1800's as well as one of the few major
inland ports, Wheeling was home to developing industries such as coal,
iron and steel, tobacco, glass, china and tile, and boat building. The
resources remaining in Wheeling illustrate and interpret transportation
and industrial themes in our Nation's development, and the National
Park Service has testified to their national significance and the need
to preserve them.
Since enactment of Public Law 100-121, the fiscal year 1990 Interior
and Related Agencies Appropriations Act, which appropriated $175,000
for a study, the National Park Service has been working with the city
of Wheeling and the State of West Virginia to evaluate the city's
resources and develop a plan for their preservation, promotion,
interpretation, and development. By August of 1992 a plan which calls
for the establishment of the Wheeling National Heritage Area had been
developed. For the past several years funds have been appropriated for
the Wheeling projects, and as Members may know, I continue to be
concerned about such unauthorized appropriations which are expended
without specific congressional policy on how they should be used. As a
result of my concerns, supporters of the Wheeling project agreed to
seek the necessary authorization.
H.R. 2843, as reported by the committee, establishes the Wheeling
National Heritage Area, and authorizes the Secretary to enter into
cooperative agreements and make grants to the appropriate local entity
for capital projects, planning, and technical assistance. Federal
funding is limited to $5 million for capital projects, $1 million for
planning, and $500,000 for technical assistance. These amounts are
sufficient to only fund those appropriate projects and planning
recommended by the plan that should have the involvement of the
National Park Service.
As many of my colleagues know, I have been working for some time to
establish a more effective process by which to recognize the important
resources contained in so-called heritage areas while limiting Federal
involvement in their development and operation. I recognize the merits
of establishing national heritage areas, geographically and
thematically unified areas with a diversity of resources under
predominantly private ownership which facilitate a variety of uses and
activities. Such areas, while important nationally, do not meet the
criteria for inclusion as units of the National Park System, and are
probably best managed in a true Federal partnership with State and
local governments and private entities. These are dynamic, thriving
communities, which with the limited assistance of Fedeal agencies, such
as the National Park Service, will maintain an appropriate balance
between preservation and growth.
While a more comprehensive approach to such areas is being developed,
I believe that minimum requirements for their establishment include the
development of a management plan, secretarial approval of projects
identified by the plan, limited Federal assistance in the form of
matching grants to implement the recommendations contained in the plan,
and protections for the Federal investment made in the area. The
authorities granted the Secretary in the Wheeling National Heritage
Area Act of 1994 incorporate these fundamental principles.
There are an increasing number of proposals for designating national
heritage areas. In this instance, funds have already been appropriated
and expended, and plans have already been drafted for further National
Park Service involvement. The legislation before us would revise those
plans and place appropriate limits on NPS involvement. The funds
authorized by this legislation will provide for appropriate assistance
to Wheeling while limiting future expenditures to levels anticipated
for other national heritage areas.
I believe this legislation assures that the current and future
Federal investment will be used appropriately, and I urge my
colleagues' support.
Mr. Speaker, I reserve the balance of my time.
Mr. ALLARD. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, although I commend Chairman Vento for some significant
improvements in H.R. 2843, I am forced to strongly oppose it.
By the end of this fiscal year, the National Park Service will have
spent $10 million of unauthorized funds at Wheeling and on property not
owned by the Federal Government. This bill attempts to authorize the
Wheeling National Heritage Area as an official unit of the National
Park Service with $6.5 million in spending--an amount which is above
and beyond the $10 million already spent there.
Because this legislation cannot be considered in a vacuum, let us
examine some matters relevant to this debate. The guide for Federal,
State, and local protection efforts to Wheeling is the Wheeling
National Heritage Area plan of August 1992 for which the National Park
Service was the official consultant. This plan recommends $28 million
in National Park Service spending between 1990 and 2000. National Park
Service Director Roger Kennedy has endorsed the $28 million figure as
an authorization ceiling in a letter to Congressman Hansen.
During this 10 year period, the plan also recommends $17.5 million in
Federal spending outside the committee's jurisdiction--$8.5 million for
an intermodal transportation center funded by the Federal Transit
Administration and $9.0 million for the Wheeling Heritage Port funded
by the Army Corps of Engineers.
Unfortunately, section 5 of H.R. 2843 requires that Federal funds for
capital improvements and technical assistance at Wheeling be provided
pursuant to this plan. If this bill is enacted, the West Virginia
congressional delegation will surely use this language as a reason to
convince future Congresses to provide the balance of the $45 million
envisioned in the plan.
It is important to remember that the National Park Service has a
total shortfall at existing park units estimated at between $7.4
billion and $9.4 billion. An ``on the ground'' illustration of this
shortfall is at Yosemite National Park, where $5 million is needed to
repair an electrical system that the Park Service says poses a ``severe
safety issue.''
In West Virginia alone, the National Park Service has identified a
shortfall of over $25 million in land acquisition for existing park
units. We believe these shortfalls in West Virginia should be
eliminated before pouring millions more into Wheeling on lands not
owned by the Federal Government.
I agree with National Park Service Director Roger Kennedy on this
matter when he recently stated, ``The condition of the places is in
many instances genuinely desperate and disgusting. The physical
conditions of the plant is in rotten shape. The working conditions of
the professional staff are a national disgrace.''
In summary, enactment of H.R. 2843 in its current form will give
future Congresses a green light to pour millions more into the Wheeling
site where $45 million in Federal funding is planned by the end of the
decade. This funding will come from existing park units--many of which
have significant funding shortfalls that affect resource protection and
the quality of visitor services.
I urge my colleagues to oppose H.R. 2843.
{time} 1340
Mr. VENTO. Mr. Speaker, I yield such time as he may consume to the
principal sponsor in the House, the gentleman from West Virginia [Mr.
Mollohan].
Mr. MOLLOHAN. Mr. Speaker, I would first like to thank Chairman Vento
for his leadership in bringing H.R. 2843 to the floor of the House
today. I sincerely appreciate your work on this important legislation,
which would establish the Wheeling National Heritage Area in the State
of West Virginia.
I would also like to thank my colleague from West Virginia and member
of the subcommittee, Nick Rahall, for his assistance throughout the
committee's consideration of the bill.
The city of Wheeling played a critical role in our Nation's
industrial and transportation history. Wheeling grew to national
importance in the 19th century as the western terminus of the national
road. When the Wheeling suspension bridge was completed in 1849,
Wheeling became the gateway to the West. As such, the city became a
center of trade and industry.
The city played a significant role in the Civil War's prounion
movement and in the creation of our Nation's 35th State. When West
Virginia seceded from Virginia in 1863, Wheeling became the first State
capital.
Wheeling continued its predominance in the region into the 20th
century due to its significance in America's basic industries--coal
mining, iron and steel making, glass manufacturing, and chemical
production, to name a few.
Of course, with such a significant industrial base, Wheeling was ripe
to play a formidable role in the development of organized labor in the
late 19th and early 20th centuries--a movement of global significance
for workers' rights.
The citizens of Wheeling appreciate the significance of this
multifaceted past and they have been working with the State of West
Virginia and the National Park Service for several years to develop a
plan to address the interpretive themes of the initiative, project
management, and financing. Their work forms the basis for the
legislation that I bring to you here today.
Chairman Vento and the membership of the Subcommittee on National
Parks, Forests, and Public Lands offered their expertise in shaping the
legislation throughout the authorization process. I appreciate their
valuable contributions to this bill.
H.R. 2843 will enable the city, the State, and the National Park
Service to continue their progress on this initiative. I am confident
that the Members of this body will be very proud of the product of this
legislation and I urge your favorable vote on the bill.
Mr. Speaker, I might add in closing, I think the legislation is
significant, as Chairman Vento alluded to. National heritage areas are
an evolving concept in the National Park Service, and a lot of good
solid substantive preliminary work has been done to shape this
legislation, to take into consideration all of the aspirations of
developing such areas, along with the concerns associated with them.
The legislation proposed here minimizes the Federal financial role
and maximizes State and local participation. It allows the Federal
Government to recognize, and it is a balance, allowing the Federal
Government to recognize the importance of heritage areas, allowing the
Federal Government to provide some sustenance, counsel, advice, and at
the same time providing a very real limit on that role, and inviting
the kind of partnership that I think in the future will make heritage
areas successful.
I am especially proud of the committee for its contribution and
recommendations in shaping the legislation as it moved forward, I think
it is an excellent product, and I urge its adoption.
Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I refer to the Congressional Budget Office cost estimate
of this bill of March 25, 1994, which is addressed to the committee and
my ranking minority member, so it is in the purview part of the
committee report. It points out indeed the number of dollars authorized
in appropriation estimated outlays is, as was stated, $6.5 million
between 1995 and 1998, if indeed the money is appropriated by the
Committee on Appropriations.
Mr. Speaker, I want specifically to call my colleague's attention to
that, because there is apparently a plan out that was proposed that
stated some $28 million. But this is what is in the legislation. This
is what the Congressional Budget Office has said would be the case.
This is the case.
So I want to underline that, because I think that when we have these
differences of opinion on issues, they ought to be based on what the
facts are, and not what is in some letter some place that came from
some place.
Furthermore, in terms of the committee report and the language of the
bill, the committee has stated it is aware of the increasing number of
proposals to designate national heritage areas. Of course the gentleman
from Colorado [Mr. Allard] is well aware of that as a member of the
committee.
In the case of the Wheeling National Heritage Area, funds have
already been appropriated and expended. In fact, some $10 million have
been appropriated and expended right now in Wheeling without any
authorizing legislation.
So this legislation should be looked at as a limitation and really a
savings in terms of what has been expended and what is proposed, as
opposed to the business as usual that has occurred in the past without
any authorization, any certainty as to what the policy path will be
with regards to Federal funds.
The involvement of the National Park Service, and I would continue to
quote, ``The plans have already been drafted for the further National
Park Service involvement,'' as the gentleman stated. We limit that to
the $6.5 million in this bill. The involvement shall, notwithstanding
such previous plans, be limited to that provided in this act. It is the
committee's intention for Wheeling and other such areas that, following
the planning and startup phases, these areas will become self-operating
with direct Federal involvement phased out.
The funds authorized by this section 7 will provide for appropriate
assistance to Wheeling, while limiting future expenditures to levels
anticipated for other national heritage areas.
Mr. Speaker, we have numerous proposals like this that are going to
be considered by the committee, and we have worked with some members of
the minority on proposals like on the Great Falls proposal that there
has been some tacit agreement on. I understand the gentleman's concerns
with regards to the overall Park Service budget. We may differ with
regard to what the backlog or outlay is. If the gentleman wanted to
purchase all the in-holdings, if he wanted to repair every road,
replace every piece of housing within a park, which I would suggest to
the gentleman is not appropriate and that the road money doesn't
actually come from Park Service budget, which makes up a substantial
amount of this, it comes from highway funding.
So the point is it does not directly in a sense compete. But we have
got a problem with the park funding, we have got a problem with
unauthorized activities going on, and trying to defeat or negate
efforts that limit these particular proposals I would suggest is in a
real sense counterproductive. I would hope the gentleman would hear
what I am saying in terms of this particular issue.
Mr. Speaker, I reserve the balance of my time.
Mr. ALLARD. Mr. Speaker, I would just like to respond to the
gentleman from Minnesota and say that, first of all, I do appreciate
the fact that the gentleman is making an attempt to authorize in the
past what has been unauthorized expenditures for this particular
project.
There are two points that I did want to make. First of all, it is a
matter of priorities within the Park Service. We do have a lot of needs
out there that have been identified to us. We have $7.2 or $9.2 billion
dollars in needs.
{time} 1350
I think there needs to be serious consideration before we move on to
something like this which may very well be appropriate, but my point at
this time is that we do have some real needs already in the National
Park Service and that we do have to be aware of the fact that we do
spend more than what we take in as far as the budget is concerned.
The other thing that I would point out is that there is no specific
sunset provision in the piece of legislation, and I would be more
comfortable if there were.
Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume.
Just briefly, I agree with the gentleman in terms of the sunset, but
the fact is that that is limited by dollars in terms of authorization.
Sunsets or limitations in authorizations only mean something to
appropriators that pay attention to them. I would suggest they will
hopefully pay attention to what we have done here in terms of
limitation, but that is, as the gentleman knows, one of the issues I
have been working on, the Great Falls legislation, there is a specific
sunset. That is an issue that we would be certainly willing to work
with the gentleman on as we deal with further measures.
I would further state, I want to make it clear that I do not accept,
and I think that we really need to come to a common understanding as to
what the backlog figures are for the National Park Service in terms of
roads, in terms of land water conservation moneys for purchase of
inholdings and the other types of expenditures, there is a backlog.
That we can agree on. It is likely billions of dollars. That we can
agree on.
Whether it is 7.3 to 9, I think is another matter that we cannot
agree upon. I have seen the figure floated around repeatedly without
any specific definition to the figure. I think that we would all be
better off working from common knowledge. We are all entitled to our
own opinions, but I think we should be working from common facts in
terms of that issue.
The gentleman, along with the Secretary of the Interior, I might say,
have quoted this particular figure. So the gentleman puts himself in
very good company in his figure but one, I think, that is not, is not,
I would repeat, a helpful reference in terms of understanding the
magnitude of the problems that we face.
Mr. ALLARD. Mr. Speaker, will the gentleman yield?
Mr. VENTO. I yield to the gentleman from Colorado.
Mr. ALLARD. Mr. Speaker, it is company that I am not always entirely
comfortable with, as the gentleman might imagine. But I accept his
points. They are well taken.
Mr. Speaker, I yield back the balance of my time.
Mr. VENTO. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Mazzoli). The question is on the motion
offered by the gentleman from Minnesota [Mr. Vento] that the House
suspend the rules and pass the bill, H.R. 2843, as amended.
The question was taken.
Mr. ALLARD. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed until tomorrow.
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