[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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