[Congressional Record Volume 146, Number 110 (Monday, September 18, 2000)]
[Senate]
[Pages S8659-S8662]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          LACKAWANNA VALLEY NATIONAL HERITAGE AREA ACT OF 1999

  The Senate proceeded to consider the bill (H.R. 940) to designate the 
Lackawanna Valley National Heritage Area, and for other purposes, which 
had been reported from the Committee on Energy and Natural Resources, 
with an amendment, as follows:
  (Strike out all after the enacting clause and insert the part printed 
in italic.)

           TITLE I--LACKAWANNA VALLEY NATIONAL HERITAGE AREA

     SECTION 101. SHORT TITLE.

       This title may be cited as the ``Lackawanna Valley National 
     Heritage Area Act of 2000''.

     SEC. 102. 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 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. 103. DEFINITIONS.

       (1) Heritage area.--The term ``Heritage Area'' means the 
     Lackawanna Valley Historical 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

[[Page S8660]]

       (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. 104. LACKAWANNA VALLEY NATIONAL 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. 105. COMPACT.

       (a) In General.--To carry out this Title, 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. 106. AUTHORITIES AND DUTIES OF THE 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 
     Title 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 Title 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 Title--
       (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 title.--The management 
     entity shall not use Federal funds received under this Title 
     to acquire real property or any interest in real property.
       (2) Funds from other sources.--Nothing in this Title 
     precludes the management entity from using Federal funds 
     obtained through law other than this Title for any purpose 
     for which the funds are authorized to be used.

     SEC. 107. 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 Title 
     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 Title shall not be expended to implement the amendments 
     described in paragraph (1) until the Secretary approves the 
     amendments.

     SEC. 108. SUNSET PROVISION.

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

     SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Title $10,000,000, except that not more than 
     $1,000,000 may be appropriated to carry out this Title 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 Title shall not exceed 50 percent.

        TITLE II--SCHUYLKILL RIVER VALLEY NATIONAL HERITAGE AREA

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Schuylkill River Valley 
     National Heritage Area Act.''

     SEC. 202. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the Schuylkill River Valley made a unique contribution 
     to the cultural, political, and industrial development of the 
     United States;
       (2) the Schuylkill River is distinctive as the first spine 
     of modern industrial development in Pennsylvania and 1 of the 
     first in the United States;
       (3) the Schuylkill River Valley played a significant role 
     in the struggle for nationhood;
       (4) the Schuylkill River Valley developed a prosperous and 
     productive agricultural economy that survives today;
       (5) the Schuylkill River Valley developed a charcoal iron 
     industry that made Pennsylvania the center of the iron 
     industry within the North American colonies;
       (6) the Schuylkill River Valley developed into a 
     significant anthracite mining region that continues to thrive 
     today;
       (7) the Schuylkill River Valley developed early 
     transportation systems, including the Schuylkill Canal and 
     the Reading Railroad;

[[Page S8661]]

       (8) the Schuylkill River Valley developed a significant 
     industrial base, including textile mills and iron works;
       (9) there is a longstanding commitment to--
       (A) repairing the environmental damage to the river and its 
     surrounding caused by the largely unregulated industrial 
     activity; and
       (B) completing the Schuylkill River Trail along the 128-
     mile corridor of the Schuylkill Valley;
       (10) there is a need to provide assistance for the 
     preservation and promotion of the significance of the 
     Schuylkill River as a system for transportation, agriculture, 
     industry, commerce, and immigration; and
       (11)(A) the Department of the Interior is responsible for 
     protecting the Nation's cultural and historical resources; 
     and
       (B) there are significant examples of such resources within 
     the Schuylkill River Valley to merit the involvement of the 
     Federal Government in the development of programs and 
     projects, in cooperation with the Schuylkill River Greenway 
     Association, the State of Pennsylvania, and other local and 
     governmental bodies, to adequately conserve, protect, and 
     interpret this heritage for future generations, while 
     providing opportunities for education and revitalization.
       (b) Purposes.--The purposes of this title are--
       (1) to foster a close working relationship with all levels 
     of government, the private sector, and the local communities 
     in the Schuylkill River Valley of southeastern 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 Schuylkill River 
     Valley of southeastern Pennsylvania.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Cooperative agreement.--The term ``cooperative 
     agreement'' means the cooperative agreement entered into 
     under section 204(d).
       (2) Heritage area.--The term ``Heritage Area'' means the 
     Schuylkill River Valley National Heritage Area established by 
     section 204.
       (3) Management entity.--The term ``management entity'' 
     means the management entity of the Heritage Area appointed 
     under section 204(c).
       (4) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 205.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of 
     Pennsylvania.

     SEC. 204. ESTABLISHMENT.

       (a) In General.--For the purpose of preserving and 
     interpreting for the educational and inspirational benefit of 
     present and future generations certain land and structures 
     with unique and significant historical and cultural value 
     associated with the early development of the Schuylkill River 
     Valley, there is established the Schuylkill River Valley 
     National Heritage Area.
       (b) Boundaries.--The Heritage Area shall be comprised of 
     the Schuylkill River watershed within the counties of 
     Schuylkill, Berks, Montgomery, Chester, and Philadelphia, 
     Pennsylvania, as delineated by the Secretary.
       (c) Management Entity.--The management entity for the 
     Heritage Area shall be the Schuylkill River Greenway 
     Association.
       (d) Cooperative Agreement.--
       (1) In general.--To carry out this title, the Secretary 
     shall enter into a cooperative agreement with the management 
     entity.
       (2) Contents.--The cooperative agreement shall include 
     information relating to the objectives and management of the 
     Heritage Area, including--
       (A) a description of the goals and objectives of the 
     Heritage Area, including a description of the approach to 
     conservation and interpretation of the Heritage Area;
       (B) an identification and description of the management 
     entity that will administer the Heritage Area; and
       (C) a description of the role of the State.

     SEC. 205. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this title, the management entity shall submit 
     to the Secretary for approval a management plan for the 
     Heritage Area that presents comprehensive recommendations for 
     the conservation, funding, management, and development of the 
     Heritage Area.
       (b) Requirements.--The management plan shall--
       (1) take into consideration State, county, and local plans;
       (2) involve residents, public agencies, and private 
     organizations working in the Heritage Area;
       (3) specify, as of the date of the plan, existing and 
     potential sources of funding to protect, manage, and develop 
     the Heritage Area; and
       (4) include--
       (A) actions to be undertaken by units of government and 
     private organizations to protect the resources of the 
     Heritage Area;
       (B) 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 themes of the Heritage Area and that 
     should be preserved, restored, managed, developed, or 
     maintained because of its natural, cultural, historical, 
     recreational, or scenic significance;
       (C) 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, recreational, and natural resources of 
     the Heritage Area in a manner consistent with supporting 
     appropriate and compatible economic viability;
       (D) a program for implementation of the management plan by 
     the management entity;
       (E) an analysis of ways in which local, State, and Federal 
     programs may best be coordinated to promote the purposes of 
     this title; and
       (F) an interpretation plan for the Heritage Area.
       (c) Disqualification From Funding.--If a management plan is 
     not submitted to the Secretary on or before the date that is 
     3 years after the date of enactment of this title, the 
     Heritage Area shall be ineligible to receive Federal funding 
     under this title until the date on which the Secretary 
     receives the management plan.
       (d) Update of Plan.--In lieu of developing an original 
     management plan, the management entity may update and submit 
     to the Secretary the Schuylkill Heritage Corridor Management 
     Action Plan that was approved by the State in March, 1995, to 
     meet the requirements of this section.

     SEC. 206. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Authorities of the Management Entity.--For purposes of 
     preparing and implementing the management plan, the 
     management entity may--
       (1) make grants to, and enter into cooperative agreements 
     with, the State and political subdivisions of the State, 
     private organizations, or any person; and
       (2) hire and compensate staff.
       (b) Duties of the Management Entity.--The management entity 
     shall--
       (1) develop and submit the management plan under section 
     205;
       (2) give priority to implementing actions set forth in the 
     cooperative agreement and the management plan, including 
     taking steps to--
       (A) assist units of government, regional planning 
     organizations, and nonprofit organizations in--
       (i) preserving the Heritage Area;
       (ii) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (iii) developing recreational resources in the Heritage 
     Area;
       (iv) increasing public awareness of and, appreciation for, 
     the natural, historical, and architectural resources and 
     sites in the Heritage Area;
       (v) restoring historic buildings relating to the themes of 
     the Heritage Area; and
       (vi) ensuring that clear, consistent, and environmentally 
     appropriate signs identifying access points and sites of 
     interest are installed throughout the Heritage Area;
       (B) encourage economic viability in the Heritage Area 
     consistent with the goals of the management plan; and
       (C) encourage local governments to adopt land use policies 
     consistent with the management of the Heritage Area and the 
     goals of the management plan;
       (3) consider the interests of diverse governmental, 
     business, and nonprofit groups within the Heritage Area;
       (4) conduct public meetings at least quarterly regarding 
     the implementation of the management plan;
       (5) submit substantial changes (including any increase of 
     more than 20 percent in the cost estimates for 
     implementation) to the management plan to the Secretary for 
     the approval of the Secretary; and
       (6) for any fiscal year in which Federal funds are received 
     under this title--
       (A) submit to the Secretary a report describing--
       (i) the accomplishments of the management entity;
       (ii) the expenses and income of the management entity; and
       (iii) each entity to which the management entity made any 
     grant during the fiscal year;
       (B) make available for audit all records pertaining to the 
     expenditure of Federal funds and any matching funds, and 
     require, for all agreements authorizing expenditure of 
     Federal funds by organizations other than the management 
     entity, that the receiving organizations make available for 
     audit all records pertaining to the expenditure of such 
     funds; and
       (C) require, for all agreements authorizing expenditure of 
     Federal funds by organizations other than the management 
     entity, that the receiving organizations make available for 
     audit all records pertaining to the expenditure of Federal 
     funds.
       (c) Use of Federal Funds.--
       (1) In general.--The management entity shall not use 
     Federal funds received under this title to acquire real 
     property or an interest in real property.
       (2) Other sources.--Nothing in this title precludes the 
     management entity from using Federal funds from other sources 
     for their permittee purposes.
       (d) Spending for Non-Federally Owned Property.--The 
     management entity may spend Federal funds directly on non-
     federally owned property to further the purposes of this 
     title, especially in assisting units of government in 
     appropriate treatment of districts, sites, buildings, 
     structures, and objects listed or eligible for listing on the 
     National Register of Historic Places.

     SEC. 207. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) In general.--At the request of the management entity, 
     the Secretary may provide technical and financial assistance 
     to the Heritage Area to develop and implement the management 
     plan.
       (2) Priorities.--In assisting the management entity, the 
     Secretary shall give priority to actions that assist in--
       (A) conserving the significant natural, historical, and 
     cultural resources that support the themes of the Heritage 
     Area; and

[[Page S8662]]

       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the resources and associated 
     values of the Heritage Area.
       (b) Approval and Disapproval of Cooperative Agreements and 
     Management Plans.--
       (1) In general.--Not later than 90 days after receiving a 
     cooperative agreement or management plan submitted under this 
     title, the Secretary, in consultation with the Governor of 
     the State, shall approve or disapprove the cooperative 
     agreement or management plan.
       (2) Management plan contents.--In reviewing the plan, the 
     Secretary shall consider whether the composition of the 
     management entity and the plan adequately reflect diverse 
     interest of the region, including those of--
       (A) local elected officials,
       (B) the State,
       (C) business and industry groups,
       (D) organizations interested in the protection of natural 
     and cultural resources, and
       (E) other community organizations and individual 
     stakeholders.
       (3) Action following disapproval.--
       (A) In general.--If the Secretary disapproves a cooperative 
     agreement or management plan, the Secretary shall--
       (i) advise the management entity in writing of the reasons 
     for the disapproval; and
       (ii) make recommendations for revisions in the cooperative 
     agreement of plan.
       (B) Time period for disapproval.--Not later than 90 days 
     after the date on which a revision described under 
     subparagraph (A)(ii) is submitted, the Secretary shall 
     approve or disapprove the proposed revision.
       (c) Approval of Amendments.--
       (1) In general.--The Secretary shall review and approve 
     substantial amendments to the management plan.
       (2) Funding expenditure limitation.--Funds appropriated 
     under this title may not be expended to implement any 
     substantial amendment until the Secretary approves the 
     amendment.

     SEC. 208. CULTURE AND HERITAGE OF ANTHRACITE COAL REGION.

       (a) In General.--The management entities of heritage areas 
     (other than the Heritage Area) in the anthracite coal region 
     in the State shall cooperate in the management of the 
     Heritage Area.
       (b) Funding.--Management entities described in subsection 
     (a) may use funds appropriated for management of the Heritage 
     Area to carry out this section.

     SEC. 209. SUNSET.

       The Secretary may not make any grant or provide any 
     assistance under this title after the date that is 15 years 
     after the date of enactment of this title.

     SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title not more than $10,000,000, of which not 
     more than $1,000,000 is authorized to be appropriated for any 
     1 fiscal year.
       (b) Federal Share.--Federal funding provided under this 
     title may not exceed 50 percent of the total cost of any 
     project or activity funded under this title.

  The committee amendment was agreed to.
  The bill (H.R. 940), as amended, was read the third time and passed.
  The title was amended so as to read: ``To designate the Lackawanna 
Valley and the Schuylkill River National Heritage Areas, and for other 
purposes.''

                          ____________________