[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Senate]
[Pages S12128-S12130]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER (for himself and Mr. Santorum):
  S. 1642. A bill to authorize the Delaware and Lehigh Navigation Canal 
National Heritage Corridor Act, and for other purposes; to the 
Committee on Energy and Natural Resources.


 the delaware and lehigh national heritage corridor act amendments of 
                                  1997

  Mr. SPECTER. Mr. President, I have sought recognition today to 
introduce legislation to reauthorize the Delaware and Lehigh Canal 
National Heritage Corridor Act of 1988, which established a Federal 
Commission to assist in planning and implementing an integrated 
strategy for promoting and protecting the cultural, historical, and 
natural resources in the canal region, which consists of a 150-mile 
long corridor stretching through five counties in eastern Pennsylvania, 
including Luzerne, Carbon, Lehigh, Northampton, and Bucks. As a member 
of the Senate Appropriations Committee, I have been pleased to support 
annual funding for the work of the Commission, and believe 
reauthorization is necessary to continue preserving the heritage of the 
canal region and to promote economic development.
  Mr. President, let me provide you and my colleagues with some 
background on the Delaware and Lehigh corridor. The Delaware Canal 
first opened for regular commercial navigation in 1834 and served as 
the primary means for transporting coal and other bulk goods from the 
anthracite region of Pennsylvania to New York, New Jersey, 
Philadelphia, and even to industrial centers in Europe. The canal 
provided an early and essential link in a 4,000 mile national 
transportation route and helped to transform Pennsylvania from a solely 
agrarian State to the center of an industrialized society. The Delaware 
Canal and the Lehigh Navigation Canal played a critical role in 
supplying our developing Nation with the coal that heated its homes and 
the fuel for its burgeoning factories.
  In 1998, Congress wisely established the Corridor and the Delaware 
and Lehigh National Corridor Commission. The commission was charged 
with conserving, interpreting, and promoting the natural, historic, 
cultural, scenic, and recreational resources of the region. Nine 
national historic landmarks, six national recreation trails, two 
national natural landmarks, and hundreds of sites listed on the 
National Register are situated within these boundaries. In addition, 7 
State parks, 3 State historical parks, 14 State scenic rivers, and 14 
State game lands are located in the region. This is an impressive and 
historic area that must be preserved. More than three million visitors 
explore the region each year to see the numerous attractions in the 
area, including the Allentown Art Museum, Eckley Miners Village, 
Washington Crossing, and Moravian Tire Work.
  Another attraction that will preserve the region's heritage and 
promote economic development is a cultural center in Two Rivers Landing 
that will house the city of Easton's National Canal Museum and the 
Crayola Factory. Two Rivers Landing first opened in June 1996, marking 
a rebirth of Easton's downtown. Since then, more than 300,000 visitors 
have come. The project has been credited with attracting 82 businesses 
to downtown and creating nearly 100 jobs.
  The Delaware and Lehigh National Heritage Corridor has established a 
strong record of successful partnership projects that link Federal, 
State and local governments with nonprofit organizations and private 
industries. Two Rivers Landing is just one of the many successful 
private/public partnerships led by the Commission. Another example is 
the Lehigh River Foundation, which was formed in 1991 to give private 
sector support the Commission's initiatives. The foundation has raised 
more than $150,000 from local businesses and individuals to create an 
educational film, sponsor heritage events, and establish an information 
center in Bethlehem, the site of the only American 19th century steel 
plant to retain all of its historic elements. The corridor is sustained 
by broad public involvement and nonfederal investment. There are many 
project supporters, such as the Heritage Conservancy, the Pennsylvania 
Department of Conservation and Natural Resources, the Pennsylvania 
Historical and Museum Commission, and the Pennsylvania Department of 
Community and Economic Development. Corporations such as Binney and 
Smith, makers of Crayola products, Bethlehem Steel, and Mack Trucks 
have also made major financial commitments to support new industrial 
museums and attractions.

  Statutory authority for the Delaware and Lehigh National Corridor 
Commission will expire in November, 1998 unless Congress acts. I 
believe there is ample need for reauthorization because of the 
unfinished work of the Commission. I would note that the Commission was 
authorized to receive up to $350,000 in operating funds a year, but 
funding for the program did not begin until 1990, and since then, it 
has regularly received only $329,000 a year through the annual Interior 
and related agencies appropriations bill.
  The primary reason for reauthorization is the delay in implementing a 
Management Action Plan for the region. The 1988 act mandated a series 
of studies and public meetings in order to complete a management action 
plan, which will serve as an action agenda for the first 10 years of 
corridor development. The management action plan did not received final 
approval from the Secretary of the Interior until August, 1994. 
Further, the findings of the management action plan envisioned a 15-
year implementation period after approved by the Secretary. I am 
concerned that with less than one year left until the Act expires, 
there is insufficient time to implement the plan to help conserve the 
resources of this historically significant region.
  The Corridor Commission has made significant progress and there is 
public enthusiasm and support for the projects being carried out by the 
Commission, particularly where they promote economic development. 
However, they can not do this alone. There is a real need for 
sufficient Federal support of operations. I would note that the 
Commission must, by law, raise sufficient private and other nonfederal 
funds so that the annual Federal grant to the Commission constitutes no 
more than 50 percent of its operating budget. For each government 
dollar raised, the Commission has been successful in leveraging $8 to 
$14 in matching funds. This project has clearly demonstrated that 
Federal investment acts as a catalyst for local and private investment.
  Building on the success of the Corridor Commission, my legislation 
will authorize an increase in the Commission's operating budget from 
$350,000 to $650,000 a year, which will leverage additional private, 
State, and local funds. My legislation retains the 50 percent 
limitation on the amount of the Federal subsidy. Also, the legislation 
authorizes up to $10 million over 10 years to implement projects 
included in the

[[Page S12129]]

management action plan and approved by the Secretary of the Interior, 
including the restoration and preservation of the Delaware Canal, and 
landing developments in 8 to 10 cities. The legislation extends the 
Commission another 10 years, thereby allowing the project to realize 
its goals while improving operating efficiency and extending 
participation.
  The corridor's management action plan has become an important tool 
for both community and economic revitalization. It is recognized as a 
national model for the coordination of grassroots community efforts 
with those of government and private industry. Last year, the 104th 
Congress created nine new national heritage areas based in part on the 
success of the Delaware and Lehigh model. Mr. President, I encourage my 
colleagues to support this valuable Commission and to reauthorize the 
1988 act so that Americans can continue to learn about the rich history 
of the region and appreciate the lands, waterways, and structures 
within the Delaware and Lehigh Heritage Corridor. Mr. President, I ask 
unanimous consent that the text of the legislation and a section-by-
section summary of my legislation be included in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1462

         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 ``Delaware and Lehigh National 
     Heritage Corridor Act Amendments of 1997''.

     SEC. 2. NAME CHANGE.

       The Delaware and Lehigh Navigation Canal National Heritage 
     Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4552) is 
     amended by striking ``Delaware and Lehigh Navigation Canal 
     National Heritage Corridor'' each place it appears (except 
     section 4(a)) and inserting ``Delaware and Lehigh National 
     Heritage Corridor''.

     SEC. 3. PURPOSE.

       Section 3(b) of the Delaware and Lehigh National Heritage 
     Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4552) is 
     amended--
       (1) by inserting after ``subdivisions'' the following: ``in 
     enhancing economic development within the context of 
     preservation and''; and
       (2) by striking ``and surrounding the Delaware and Lehigh 
     Navigation Canal in the Commonwealth'' and inserting ``the 
     Corridor''.

     SEC. 4. CORRIDOR COMMISSION.

       (a) Membership.--Section 5(b) of the Delaware and Lehigh 
     National Heritage Corridor Act of 1988 (Public Law 100-692; 
     102 Stat. 4553) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``appointed not later than 6 months after the date of 
     enactment of this Act'';
       (2) by striking paragraph (2) and inserting the following:
       ``(2) 3 individuals, of whom--
       ``(A) 1 shall be the Director of the Pennsylvania 
     Department of Conservation and Natural Resources;
       ``(B) 1 shall be the Director of the Pennsylvania 
     Department of Community and Economic Development; and
       ``(C) 1 shall be the Chairperson of the Pennsylvania 
     Historical and Museum Commission.'';
       (3) in paragraph (3), by striking ``recommendations from 
     the Governor, of whom'' and all that follows through 
     ``Delaware Canal region'' and inserting the following: 
     ``nominations from the Governor, of whom--
       ``(A) 1 shall represent a city, 1 shall represent a 
     borough, and 1 shall represent a township; and
       ``(B) 1 shall represent each of the 5 counties of Luzerne, 
     Carbon, Leehigh, Northampton, and Bucks in Pennsylvania''; 
     and
       (4) in paragraph (4)--
       (A) by striking ``8 individuals'' and inserting ``9 
     individuals''; and
       (B) by striking ``recommendations from the Governor, who 
     shall have'' and all that follows through ``Canal region. A 
     vacancy'' and inserting the following: ``nominations from the 
     Governor, of whom--
       ``(A) 3 shall represent the northern region of the 
     Corridor;
       ``(B) 3 shall represent the middle region of the Corridor; 
     and
       ``(C) 3 shall represent the southern region of the 
     Corridor.
     A vacancy''.
       (b) Terms.--Section 5 of the Delaware and Lehigh National 
     Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 
     4553) is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Terms.--The following provisions shall apply to a 
     member of the Commission appointed under paragraph (3) or (4) 
     of subsection (b):
       ``(1) Length of term.--The member shall serve for a term of 
     3 years.
       ``(2) Carryover.--The member shall serve until a successor 
     is appointed by the Secretary.
       ``(3) Replacement.--If the member resigns or is unable to 
     serve due to incapacity or death, the Secretary shall 
     appoint, not later than 60 days after receiving a nomination 
     of the appointment from the Governor, a new member to serve 
     for the remainder of the term.
       ``(4) Term limits.--A member may serve for not more than 2 
     full terms starting after the date of enactment of this 
     paragraph.''.
       (c) Confirmation.--Section 5 of the Delaware and Lehigh 
     National Heritage Corridor Act of 1988 (Public Law 100-692; 
     102 Stat. 4553) is amended by adding at the end the 
     following:
       ``(h) Confirmation.--The Secretary shall accept or reject 
     an appointment under paragraph (3) or (4) of subsection (b) 
     not later than 60 days after receiving a nomination of the 
     appointment from the Governor.''.

     SEC. 5. POWERS OF THE COMMISSION.

       (a) Conveyance of Real Estate.--Section 7(g)(3) of the 
     Delaware and Lehigh National Heritage Corridor Act of 1988 
     (Public Law 100-692; 102 Stat. 4555) is amended in the first 
     sentence by inserting ``or nonprofit organization'' after 
     ``appropriate public agency''.
       (b) Cooperative Agreements.--Section 7(h) of the Delaware 
     and Lehigh National Heritage Corridor Act of 1988 (Public Law 
     100-692; 102 Stat. 4555) is amended--
       (1) in the first sentence, by inserting ``any nonprofit 
     organization,'' after ``subdivision of the Commonwealth,''; 
     and
       (2) in the second sentence, by inserting ``such nonprofit 
     organization,'' after ``such political subdivision,''.
       (c) Grants and Loans.--Section 7 of the Delaware and Lehigh 
     National Heritage Corridor Act of 1988 (Public Law 100-692; 
     102 Stat. 4554) is amended--
       (1) by redesignating subsection (i) as subsection (j); and
       (2) by inserting after subsection (h) the following:
       ``(i) Grants and Loans.--The Commission may administer any 
     grant or loan from amounts--
       ``(1) appropriated to the Commission for the purpose of 
     providing a grant or loan; or
       ``(2) donated or otherwise made available to the Commission 
     for the purpose of providing a grant or loan.''.

     SEC. 6. DUTIES OF THE COMMISSION.

       Section 8(b) of the Delaware and Lehigh National Heritage 
     Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4556) is 
     amended in the matter preceding paragraph (1) by inserting 
     ``, cultural, natural, recreational, and scenic'' after 
     ``interpret the historic''.

     SEC. 7. TERMINATION OF THE COMMISSION.

       Section 9(a) of the Delaware and Lehigh National Heritage 
     Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4556) is 
     amended by striking ``5 years after the date of enactment of 
     this Act'' and inserting ``10 years after the date of 
     enactment of the Delaware and Lehigh National Heritage 
     Corridor Act Amendments of 1997''.

     SEC. 8. DUTIES OF OTHER FEDERAL ENTITIES.

       Section 11 of the Delaware and Lehigh National Heritage 
     Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4557) is 
     amended in the matter preceding paragraph (1) by striking 
     ``the flow of the Canal or the natural'' and inserting ``the 
     historic, cultural, natural, recreational, or scenic''.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) Commission.--Section 12(a) of the Delaware and Lehigh 
     National Heritage Corridor Act of 1988 (Public Law 100-692; 
     102 Stat. 4558) is amended by striking ``$350,000'' and 
     inserting ``$650,000''.
       (b) Management Action Plan.--Section 12 of the Delaware and 
     Lehigh National Heritage Corridor Act of 1988 (Public Law 
     100-692; 102 Stat. 4558) is amended by adding at the end the 
     following:
       ``(c) Management Action Plan.--
       ``(1) In general.--To implement the management action plan 
     created by the Commission, there is authorized to be 
     appropriated $1,000,000 for each of fiscal years 1998 through 
     2007.
       ``(2) Limitation on expenditures.--Amounts made available 
     under paragraph (1) shall not exceed 50 percent of the costs 
     of implementing the management action plan.''.

     SEC. 10. LOCAL AUTHORITY AND PRIVATE PROPERTY.

       The Delaware and Lehigh National Heritage Corridor Act of 
     1988 (Public Law 100-692; 102 Stat. 4552) is amended--
       (1) by redesignating section 13 as section 14; and
       (2) by inserting after section 12 the following:

     ``SEC. 13. LOCAL AUTHORITY AND PRIVATE PROPERTY.

       ``The Commission shall not interfere with--
       ``(1) the private property rights of any person; or
       ``(2) any local zoning ordinance or land use plan of the 
     Commonwealth of Pennsylvania or any political subdivision of 
     Pennsylvania.''.
                                  ____


Section-by-Section Analysis of the Delaware and Lehigh Reauthorization 
                                  Act

       Section 1: Short title.--Delaware and Lehigh National 
     Heritage Corridor Act Amendments of 1997.
       Section 2: Name change.--The Delaware and Lehigh Navigation 
     Canal National Heritage Corridor is changed to Delaware and 
     Lehigh National Heritage Corridor.
       Section 3: Purpose.--The purpose of the Act will include 
     enhancing economic development within the context of 
     preservation in the Corridor.

[[Page S12130]]

       Section 4: Corridor Commission.--The Act is amended to 
     include the approved recommendations of the Management Action 
     Plan concerning the membership of the Commission.
       Section 5: Powers of the Commission.--The Act is amended to 
     allow the Commission to convey real property to a qualifying 
     non-profit organization if that organization is best able to 
     conserve the property.
       Section 6: Duties of the Commission.--The Act is amended to 
     include preservation and interpretation of historic, 
     cultural, natural, recreational, and scenic resources, rather 
     than only historic resources.
       Section 7: Termination of the Commission.--The Commission 
     will terminate ten years after enactment of this Act.
       Section 8: Duties of other Federal Entities.--The Act is 
     amended to require federal entities to consult with the 
     Secretary of the Interior and the Commission regarding 
     activities that affect the historic, cultural, recreational, 
     and scenic resources of the Corridor, not only natural 
     resources and flow of the canal.
       Section 9: Authorization of Appropriations.--The Commission 
     is authorized to receive $650,000 a year as well as $1 
     million a year for ten years to implement the Management 
     Action Plan.
       Section 10: Local Authority and Private Property.--The Act 
     is amended to state that local authority and private property 
     rights shall not be affected by enactment of this 
     legislation.
                                 ______