[Congressional Record Volume 145, Number 165 (Friday, November 19, 1999)]
[Senate]
[Pages S15168-S15171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          LACKAWANNA VALLEY AMERICAN HERITAGE AREA ACT OF 1999

  The Senate proceeded to consider the bill (S. 905) to establish the 
Lackawanna Valley American Heritage Area, which had been reported from 
the Committee on Energy and Natural Resources, with amendments; as 
follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                 S. 905

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lackawanna Valley [American] 
     National Heritage Area Act of 1999''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the industrial and cultural heritage of northeastern 
     Pennsylvania, including Lackawanna County, Luzerne County, 
     Wayne County, and Susquehanna County, related directly to 
     anthracite and anthracite-related industries, is nationally 
     significant;
       (2) the industries referred to in paragraph (1) include 
     anthracite mining, ironmaking, textiles, and rail 
     transportation;
       (3) the industrial and cultural heritage of the anthracite 
     and anthracite-related industries in the region described in 
     paragraph (1) includes the social history and living cultural 
     traditions of the people of the region;
       (4) the labor movement of the region played a significant 
     role in the development of the Nation, including--
       (A) the formation of many major unions such as the United 
     Mine Workers of America; and
       (B) crucial struggles to improve wages and working 
     conditions, such as the 1900 and 1902 anthracite strikes;
       (5)(A) the Secretary of the Interior is responsible for 
     protecting the historical and cultural resources of the 
     United States; and
       (B) there are significant examples of those resources 
     within the region described in paragraph (1) that merit the 
     involvement of the Federal Government to develop, in 
     cooperation with the Lackawanna Heritage Valley Authority, 
     the Commonwealth of Pennsylvania, and local and governmental 
     entities, programs and projects to conserve, protect, and 
     interpret this heritage adequately for future generations, 
     while providing opportunities for education and 
     revitalization; and
       (6) the Lackawanna Heritage Valley Authority would be an 
     appropriate management entity for a Heritage Area established 
     in the region described in paragraph (1).
       (b) Purposes.--The purposes of the Lackawanna Valley 
     [American] National Heritage Area and this Act are--
       (1) to foster a close working relationship among all levels 
     of government, the private sector, and the local communities 
     in the anthracite coal region of northeastern Pennsylvania 
     and enable the communities to conserve their heritage while 
     continuing to pursue economic opportunities; and
       (2) to conserve, interpret, and develop the historical, 
     cultural, natural, and recreational resources related to the 
     industrial and cultural heritage of the 4-county region 
     described in subsection (a)(1).

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Lackawanna Valley [American] National Heritage Area 
     established by section 4.
       (2) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area specified 
     in section 4(c).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 6(b).
       (4) Partner.--The term ``partner'' means--
       (A) a Federal, State, or local governmental entity; and
       (B) an organization, private industry, or individual 
     involved in promoting the conservation and preservation of 
     the cultural and natural resources of the Heritage Area.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.

       (a) Establishment.--There is established the Lackawanna 
     Valley [American] National Heritage Area.
       (b) Boundaries.--The Heritage Area shall be comprised of 
     all or parts of Lackawanna County, Luzerne County, Wayne 
     County, and Susquehanna County, Pennsylvania, determined in 
     accordance with the compact under section 5.
       (c) Management Entity.--The management entity for the 
     Heritage Area shall be the Lackawanna Heritage Valley 
     Authority.

     SEC. 5. COMPACT.

       (a) In General.--To carry out this Act, the Secretary shall 
     enter into a compact with the management entity.
       (b) Contents of Compact.--The compact shall include 
     information relating to the objectives and management of the 
     area, including--
       (1) a delineation of the boundaries of the Heritage Area; 
     and
       (2) a discussion of the goals and objectives of the 
     Heritage Area, including an explanation of the proposed 
     approach to conservation and interpretation and a general 
     outline of the protection measures committed to by the 
     partners.

     SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT 
                   ENTITY.

       (a) Authorities of Management Entity.--The management 
     entity may, for the purposes of preparing and implementing 
     the management plan, use funds made [available under this 
     Act--] available under this Act to hire and compensate staff.
       [(1) to make loans and grants to, and enter into 
     cooperative agreements with, any State or political 
     subdivision of a State, private organization, or person; and
       [(2) to hire and compensate staff.]
       (b) Management Plan.--
       (1) In general.--The management entity shall develop a 
     management plan for the Heritage Area that presents 
     comprehensive recommendations for the conservation, funding, 
     management, and development of the Heritage Area.
       (2) Consideration of other plans and actions.--The 
     management plan shall--
       (A) take into consideration State, county, and local plans;
       (B) involve residents, public agencies, and private 
     organizations working in the Heritage Area; and
       (C) include actions to be undertaken by units of government 
     and private organizations to protect the resources of the 
     Heritage Area.
       (3) Specification of funding sources.--The management plan 
     shall specify the existing and potential sources of funding 
     available to protect, manage, and develop the Heritage Area.
       (4) Other required elements.--The management plan shall 
     include the following:
       (A) An inventory of the resources contained in the Heritage 
     Area, including a list of any property in the Heritage Area 
     that is related to the purposes of the Heritage Area and that 
     should be preserved, restored, managed, developed, or 
     maintained because of its historical, cultural, natural, 
     recreational, or scenic significance.
       (B) A recommendation of policies for resource management 
     that considers and details application of appropriate land 
     and water management techniques, including the development of 
     intergovernmental cooperative agreements to protect the 
     historical, cultural, natural, and recreational resources of 
     the Heritage Area in a manner that is consistent with the 
     support of appropriate and compatible economic viability.
       (C) A program for implementation of the management plan by 
     the management entity, including--
       (i) plans for restoration and construction; and

[[Page S15169]]

       (ii) specific commitments of the partners for the first 5 
     years of operation.
       (D) An analysis of ways in which local, State, and Federal 
     programs may best be coordinated to promote the purposes of 
     this Act.
       (E) An interpretation plan for the Heritage Area.
       (5) Submission to secretary for approval.--
       (A) In general.--Not later than the last day of the 3-year 
     period beginning on the date of enactment of this Act, the 
     management entity shall submit the management plan to the 
     Secretary for approval.
       (B) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the day referred to in 
     subparagraph (A), the Secretary shall not, after that day, 
     provide any grant or other assistance under this Act with 
     respect to the Heritage Area until a management plan for the 
     Heritage Area is submitted to the Secretary.
       (c) Duties of Management Entity.--The management entity 
     shall--
       (1) give priority to implementing actions specified in the 
     compact and management plan, including steps to assist units 
     of government and nonprofit organizations in preserving the 
     Heritage Area;
       (2) assist units of government and nonprofit organizations 
     in--
       (A) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (B) developing recreational resources in the Heritage Area;
       (C) increasing public awareness of and appreciation for the 
     historical, natural, and architectural resources and sites in 
     the Heritage Area; and
       (D) restoring historic buildings that relate to the 
     purposes of the Heritage Area;
       (3) encourage economic viability in the Heritage Area 
     consistent with the goals of the management plan;
       (4) encourage local governments to adopt land use policies 
     consistent with the management of the Heritage Area and the 
     goals of the management plan;
       (5) assist units of government and nonprofit organizations 
     to ensure that clear, consistent, and environmentally 
     appropriate signs identifying access points and sites of 
     interest are placed throughout the Heritage Area;
       (6) consider the interests of diverse governmental, 
     business, and nonprofit groups within the Heritage Area;
       (7) conduct public meetings not less often than quarterly 
     concerning the implementation of the management plan;
       (8) submit substantial amendments (including any increase 
     of more than 20 percent in the cost estimates for 
     implementation) to the management plan to the Secretary for 
     the Secretary's approval; and
       (9) for each year in which Federal funds have been received 
     under this Act--
       (A) submit a report to the Secretary that specifies--
       (i) the accomplishments of the management entity; and
       (ii) the expenses and income of the management entity; 
     [and]
       [(iii) each entity to which any loan or grant was made 
     during the year;]
       (B) make available to the Secretary for audit all records 
     relating to the expenditure of such funds and any matching 
     funds; and
       (C) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available to the Secretary for 
     audit all records concerning the expenditure of such funds.
       (d) Use of Federal Funds.--
       (1) Funds made available under this act.--The management 
     entity shall not use Federal funds received under this Act to 
     acquire real property or any interest in real property.
       (2) Funds from other sources.--Nothing in this Act 
     precludes the management entity from using Federal funds 
     obtained through law other than this Act for any purpose for 
     which the funds are authorized to be used.

     SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

       [(a) Technical and Financial Assistance.--]
       [(1) In general.--]
       [(A) Provision of assistance.--The Secretary may, at the 
     request of the management entity, provide technical and 
     financial assistance to the management entity to develop and 
     implement the management plan.
       [(B) Priority in assistance.--In assisting the management 
     entity, the Secretary shall give priority to actions that 
     assist in--
       [(i) conserving the significant historical, cultural, and 
     natural resources that support the purposes of the Heritage 
     Area; and
       [(ii) providing educational, interpretive, and recreational 
     opportunities consistent with the resources and associated 
     values of the Heritage Area.
       [(2) Expenditures for non-federally owned property.--
       [(A) In general.--To further the purposes of this Act, the 
     Secretary may expend Federal funds directly on non-federally 
     owned property, especially for assistance to units of 
     government relating to appropriate treatment of districts, 
     sites, buildings, structures, and objects listed or eligible 
     for listing on the National Register of Historic Places.
       [(B) Studies.--The Historic American Buildings Survey/
     Historic American Engineering Record shall conduct such 
     studies as are necessary to document the industrial, 
     engineering, building, and architectural history of the 
     Heritage Area.]
       (a) Technical and Financial Assistance.--
       (1) Provision of assistance.--The Secretary may, at the 
     request of the management entity, provide technical and 
     financial assistance to the management entity to develop and 
     implement the management plan.
       (2) Priority in assistance.--In assisting the management 
     entity, the Secretary shall give priority to actions that 
     assist in--
       (A) conserving the significant historical, cultural, and 
     natural resources that support the purpose of the Heritage 
     Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the resources and associated 
     values of the Heritage Area.
       (b) Approval and Disapproval of Management Plans.--
       (1) In general.--The Secretary, in consultation with the 
     Governor of the Commonwealth of Pennsylvania, shall approve 
     or disapprove a management plan submitted under this Act not 
     later than 90 days after receipt of the management plan.
       (2) Action following disapproval.--
       (A) In general.--If the Secretary disapproves a management 
     plan, the Secretary shall advise the management entity in 
     writing of the reasons for the disapproval and shall make 
     recommendations for revisions to the management plan.
       (B) Deadline for approval of revision.--The Secretary shall 
     approve or disapprove a proposed revision within 90 days 
     after the date on which the revision is submitted to the 
     Secretary.
       (c) Approval of Amendments.--
       (1) Review.--The Secretary shall review substantial 
     amendments (as determined under section 6(c)(8)) to the 
     management plan for the Heritage Area.
       (2) Requirement of approval.--Funds made available under 
     this Act shall not be expended to implement the amendments 
     described in paragraph (1) until the Secretary approves the 
     amendments.

     SEC. 8. SUNSET PROVISION.

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

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $10,000,000, except that not more than 
     $1,000,000 may be appropriated to carry out this Act for any 
     fiscal year.
       (b) 50 Percent Match.--The Federal share of the cost of 
     activities carried out using any assistance or grant under 
     this Act shall not exceed 50 percent.
       Amend the title so as to read: ``To establish the 
     Lackawanna Valley National Heritage Area and for other 
     purposes.''
  The committee amendments were agreed to.
  The bill (S. 905), as amended, was passed, as follows:

                                 S. 905

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lackawanna Valley National 
     Heritage Area Act of 1999''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the industrial and cultural heritage of northeastern 
     Pennsylvania, including Lackawanna County, Luzerne County, 
     Wayne County, and Susquehanna County, related directly to 
     anthracite and anthracite-related industries, is nationally 
     significant;
       (2) the industries referred to in paragraph (1) include 
     anthracite mining, ironmaking, textiles, and rail 
     transportation;
       (3) the industrial and cultural heritage of the anthracite 
     and anthracite-related industries in the region described in 
     paragraph (1) includes the social history and living cultural 
     traditions of the people of the region;
       (4) the labor movement of the region played a significant 
     role in the development of the Nation, including--
       (A) the formation of many major unions such as the United 
     Mine Workers of America; and
       (B) crucial struggles to improve wages and working 
     conditions, such as the 1900 and 1902 anthracite strikes;
       (5)(A) the Secretary of the Interior is responsible for 
     protecting the historical and cultural resources of the 
     United States; and
       (B) there are significant examples of those resources 
     within the region described in paragraph (1) that merit the 
     involvement of the Federal Government to develop, in 
     cooperation with the Lackawanna Heritage Valley Authority, 
     the Commonwealth of Pennsylvania, and local and governmental 
     entities, programs and projects to conserve, protect, and 
     interpret this heritage adequately for future generations, 
     while providing opportunities for education and 
     revitalization; and
       (6) the Lackawanna Heritage Valley Authority would be an 
     appropriate management entity for a Heritage Area established 
     in the region described in paragraph (1).
       (b) Purposes.--The purposes of the Lackawanna Valley 
     National Heritage Area and this Act are--
       (1) to foster a close working relationship among all levels 
     of government, the private sector, and the local communities 
     in the anthracite coal region of northeastern Pennsylvania 
     and enable the communities to conserve their heritage while 
     continuing to pursue economic opportunities; and
       (2) to conserve, interpret, and develop the historical, 
     cultural, natural, and recreational resources related to the 
     industrial

[[Page S15170]]

     and cultural heritage of the 4-county region described in 
     subsection (a)(1).

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Lackawanna Valley National Heritage Area established by 
     section 4.
       (2) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area specified 
     in section 4(c).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 6(b).
       (4) Partner.--The term ``partner'' means--
       (A) a Federal, State, or local governmental entity; and
       (B) an organization, private industry, or individual 
     involved in promoting the conservation and preservation of 
     the cultural and natural resources of the Heritage Area.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.

       (a) Establishment.--There is established the Lackawanna 
     Valley National Heritage Area.
       (b) Boundaries.--The Heritage Area shall be comprised of 
     all or parts of Lackawanna County, Luzerne County, Wayne 
     County, and Susquehanna County, Pennsylvania, determined in 
     accordance with the compact under section 5.
       (c) Management Entity.--The management entity for the 
     Heritage Area shall be the Lackawanna Heritage Valley 
     Authority.

     SEC. 5. COMPACT.

       (a) In General.--To carry out this Act, the Secretary shall 
     enter into a compact with the management entity.
       (b) Contents of Compact.--The compact shall include 
     information relating to the objectives and management of the 
     area, including--
       (1) a delineation of the boundaries of the Heritage Area; 
     and
       (2) a discussion of the goals and objectives of the 
     Heritage Area, including an explanation of the proposed 
     approach to conservation and interpretation and a general 
     outline of the protection measures committed to by the 
     partners.

     SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT 
                   ENTITY.

       (a) Authorities of Management Entity.--The management 
     entity may, for the purposes of preparing and implementing 
     the management plan, use funds made available under this Act 
     to hire and compensate staff.
       (b) Management Plan.--
       (1) In general.--The management entity shall develop a 
     management plan for the Heritage Area that presents 
     comprehensive recommendations for the conservation, funding, 
     management, and development of the Heritage Area.
       (2) Consideration of other plans and actions.--The 
     management plan shall--
       (A) take into consideration State, county, and local plans;
       (B) involve residents, public agencies, and private 
     organizations working in the Heritage Area; and
       (C) include actions to be undertaken by units of government 
     and private organizations to protect the resources of the 
     Heritage Area.
       (3) Specification of funding sources.--The management plan 
     shall specify the existing and potential sources of funding 
     available to protect, manage, and develop the Heritage Area.
       (4) Other required elements.--The management plan shall 
     include the following:
       (A) An inventory of the resources contained in the Heritage 
     Area, including a list of any property in the Heritage Area 
     that is related to the purposes of the Heritage Area and that 
     should be preserved, restored, managed, developed, or 
     maintained because of its historical, cultural, natural, 
     recreational, or scenic significance.
       (B) A recommendation of policies for resource management 
     that considers and details application of appropriate land 
     and water management techniques, including the development of 
     intergovernmental cooperative agreements to protect the 
     historical, cultural, natural, and recreational resources of 
     the Heritage Area in a manner that is consistent with the 
     support of appropriate and compatible economic viability.
       (C) A program for implementation of the management plan by 
     the management entity, including--
       (i) plans for restoration and construction; and
       (ii) specific commitments of the partners for the first 5 
     years of operation.
       (D) An analysis of ways in which local, State, and Federal 
     programs may best be coordinated to promote the purposes of 
     this Act.
       (E) An interpretation plan for the Heritage Area.
       (5) Submission to secretary for approval.--
       (A) In general.--Not later than the last day of the 3-year 
     period beginning on the date of enactment of this Act, the 
     management entity shall submit the management plan to the 
     Secretary for approval.
       (B) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the day referred to in 
     subparagraph (A), the Secretary shall not, after that day, 
     provide any grant or other assistance under this Act with 
     respect to the Heritage Area until a management plan for the 
     Heritage Area is submitted to the Secretary.
       (c) Duties of Management Entity.--The management entity 
     shall--
       (1) give priority to implementing actions specified in the 
     compact and management plan, including steps to assist units 
     of government and nonprofit organizations in preserving the 
     Heritage Area;
       (2) assist units of government and nonprofit organizations 
     in--
       (A) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (B) developing recreational resources in the Heritage Area;
       (C) increasing public awareness of and appreciation for the 
     historical, natural, and architectural resources and sites in 
     the Heritage Area; and
       (D) restoring historic buildings that relate to the 
     purposes of the Heritage Area;
       (3) encourage economic viability in the Heritage Area 
     consistent with the goals of the management plan;
       (4) encourage local governments to adopt land use policies 
     consistent with the management of the Heritage Area and the 
     goals of the management plan;
       (5) assist units of government and nonprofit organizations 
     to ensure that clear, consistent, and environmentally 
     appropriate signs identifying access points and sites of 
     interest are placed throughout the Heritage Area;
       (6) consider the interests of diverse governmental, 
     business, and nonprofit groups within the Heritage Area;
       (7) conduct public meetings not less often than quarterly 
     concerning the implementation of the management plan;
       (8) submit substantial amendments (including any increase 
     of more than 20 percent in the cost estimates for 
     implementation) to the management plan to the Secretary for 
     the Secretary's approval; and
       (9) for each year in which Federal funds have been received 
     under this Act--
       (A) submit a report to the Secretary that specifies--
       (i) the accomplishments of the management entity; and
       (ii) the expenses and income of the management entity;
       (B) make available to the Secretary for audit all records 
     relating to the expenditure of such funds and any matching 
     funds; and
       (C) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available to the Secretary for 
     audit all records concerning the expenditure of such funds.
       (d) Use of Federal Funds.--
       (1) Funds made available under this act.--The management 
     entity shall not use Federal funds received under this Act to 
     acquire real property or any interest in real property.
       (2) Funds from other sources.--Nothing in this Act 
     precludes the management entity from using Federal funds 
     obtained through law other than this Act for any purpose for 
     which the funds are authorized to be used.

     SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) Provision of assistance.--The Secretary may, at the 
     request of the management entity, provide technical and 
     financial assistance to the management entity to develop and 
     implement the management plan.
       (2) Priority in assistance.--In assisting the management 
     entity, the Secretary shall give priority to actions that 
     assist in--
       (A) conserving the significant historical, cultural, and 
     natural resources that support the purpose of the Heritage 
     Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the resources and associated 
     values of the Heritage Area.
       (b) Approval and Disapproval of Management Plans.--
       (1) In general.--The Secretary, in consultation with the 
     Governor of the Commonwealth of Pennsylvania, shall approve 
     or disapprove a management plan submitted under this Act not 
     later than 90 days after receipt of the management plan.
       (2) Action following disapproval.--
       (A) In general.--If the Secretary disapproves a management 
     plan, the Secretary shall advise the management entity in 
     writing of the reasons for the disapproval and shall make 
     recommendations for revisions to the management plan.
       (B) Deadline for approval of revision.--The Secretary shall 
     approve or disapprove a proposed revision within 90 days 
     after the date on which the revision is submitted to the 
     Secretary.
       (c) Approval of Amendments.--
       (1) Review.--The Secretary shall review substantial 
     amendments (as determined under section 6(c)(8)) to the 
     management plan for the Heritage Area.
       (2) Requirement of approval.--Funds made available under 
     this Act shall not be expended to implement the amendments 
     described in paragraph (1) until the Secretary approves the 
     amendments.

     SEC. 8. SUNSET PROVISION.

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

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $10,000,000, except that not more than 
     $1,000,000 may be

[[Page S15171]]

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

                          ____________________