[Congressional Record Volume 146, Number 110 (Monday, September 18, 2000)]
[Senate]
[Pages S8662-S8663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              WHEELING NATIONAL HERITAGE AREA ACT OF 2000

  The Senate proceeded to consider the bill (S. 2247) to establish the 
Wheeling National Heritage Area in the State of West Virginia, and for 
other purposes, which had been reported from the Committee on Energy 
and Natural Resources, with amendments as follows:
  (Omit the parts in black brackets and insert the parts printed in 
italic.)

                                S. 2247

       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 2000''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) the area in an around Wheeling, West Virginia, 
     possesses important historical, cultural, and natural 
     resources, representing major heritage themes of 
     transportation, commerce and industry, and Victorian culture 
     in the United States;
       (2) the City of Wheeling has played an important part in 
     the settlement of this country by serving as--
       (A) the western terminus of the National Road of the early 
     1800's;
       (B) the ``Crossroads of America'' throughout the nineteenth 
     century;
       (C) one of the few major inland ports in the nineteenth 
     century; and
       (D) the site for the establishment of the Restored State of 
     Virginia, and later the State of West Virginia, during the 
     Civil War and as the first capital of the new State of West 
     Virginia;
       (3) the City of Wheeling has also played an important role 
     in the industrial and commercial heritage of the United 
     States, through the development and maintenance of many 
     industries crucial to the Nation's expansion, including iron 
     and steel, textile manufacturing, boat building, glass 
     manufacturing, and stogie and chewing tobacco manufacturing 
     facilities, many of which are industries that continue to 
     play an important role in the national economy;
       (4) the city of Wheeling has retained its national heritage 
     themes with the designations of the old custom house (now 
     Independence Hall) and the historic suspension bridge as 
     National Historic Landmarks; with five historic districts; 
     and many individual properties in the Wheeling area listed or 
     eligible for nomination to the National Register of Historic 
     Places;
       (5) 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; 
     and
       (6) in 1992 a comprehensive plan for the development and 
     administration of the Wheeling National Heritage Area was 
     completed for the National Park Service, the City of 
     Wheeling, and the Wheeling National Task Force, including--
       (A) an inventory of the national and cultural resources in 
     the City of Wheeling;
       (B) criteria for preserving and interpreting significant 
     natural and historic resources;
       (C) a strategy for the conservation, preservation, and 
     reuse of the historical and cultural resources in the City of 
     Wheeling and the surrounding region; and
       (D) an implementation agenda by which the State of West 
     Virginia and local governments can coordinate their resources 
     as well as a complete description of the management entity 
     responsible for implementing the comprehensive plan.
       (b) Purposes.--The purposes of this Act are--
       (1) to recognize the special importance of the history and 
     development of the Wheeling area in the cultural heritage of 
     the Nation;
       (2) to 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 
     significant resources in the Wheeling area emblematic of 
     Wheeling's contributions to the Nation's cultural heritage;
       (3) to allow for limited Federal, State and local capital 
     contributions for planning and infrastructure investments to 
     complete the Wheeling National Heritage Area, in partnership 
     with the State of West Virginia, the City of Wheeling, and 
     other appropriate public and private entities; and
       (4) to provide for an economically self-sustaining National 
     Heritage Area not dependent on Federal financial assistance 
     beyond the initial years necessary to establish the heritage 
     area.

     SEC. 3. DEFINITIONS.

       As used in this Act--
       (1) the term ``city'' means the City of Wheeling;
       (2) the term ``heritage area'' means the Wheeling National 
     Heritage Area established in section 4;
       (3) the term ``plan'' means the ``Plan for the Wheeling 
     National Heritage Area'' dated August, 1992;
       (4) the term ``Secretary'' means the Secretary of the 
     Interior; and
       (5) the term ``State'' means the State of West Virginia.

     SEC. 4. WHEELING NATIONAL HERITAGE AREA.

       (a) Establishment.--In furtherance of the purposes of this 
     Act, there is established in the State of West Virginia the 
     Wheeling National Heritage Area, as generally depicted on the 
     map entitled ``Boundary Map, Wheeling National Heritage Area, 
     Wheeling, West Virginia'' and dated March, 1994. The map 
     shall be on file and available for public inspection in the 
     appropriate offices of the National Park Service.
       (b) Management Entity.--(1) The management entity for the 
     heritage area shall be the Wheeling National Heritage 
     Corporation, a non-profit corporation chartered in the State 
     of West Virginia.
       (2) To the extent consistent with this Act, the management 
     entity shall manage the heritage area in accordance with the 
     plan.

     SEC. 5. DUTIES OF THE MANAGEMENT ENTITY.

       (a) Mission.--The primary mission of the management entity 
     shall be--
       (A) to implement and coordinate the recommendations 
     contained in the plan;
       (B) ensure integrated operation of the heritage area; and
       (C) conserve and interpret the historic and cultural 
     resources of the heritage area.
       (2) The management entity shall also direct and coordinate 
     the diverse conservation, development, programming, 
     educational, and interpretive activities within the heritage 
     area.
       (b) Recognition of Plan.--The management entity shall work 
     with the State of West Virginia and local governments to 
     ensure that the plan is formally adopted by the City and 
     recognized by the State.
       (c) Implementation.--To the extent practicable, the 
     management entity shall--
       (1) implement the recommendations contained in the plan in 
     a timely manner pursuant to the schedule identified in the 
     plan--
       (2) coordinate its activities with the City, the State, and 
     the Secretary;
       (3) ensure the conservation and interpretation of the 
     heritage area's historical, cultural, and natural resources, 
     including--
       (A) assisting the City and the State in [a] the 
     preservation of sites, buildings, and objects within the 
     heritage area which are listed or eligible for listing on the 
     National Register of Historic Places;

[[Page S8663]]

       (B) assisting the City, the State, or a nonprofit 
     organization in the restoration of any historic building in 
     the heritage area;
       (C) increasing public awareness of and appreciation for the 
     natural, cultural, and historic resources of the heritage 
     area;
       (D) assisting the State or City in designing, establishing, 
     and maintaining appropriate interpretive facilities and 
     exhibits in the heritage area;
       (E) assisting in the enhancement of public awareness and 
     appreciation for the historical, archaeological, and geologic 
     resources and sites in the heritage area; and
       (F) encouraging the City and other local governments to 
     adopt land use policies consistent with the goals of the 
     plan, and to take actions to implement those policies;
       (4) encourage intergovernmental cooperation in the 
     achievement of these objectives;
       (5) develop recommendations for design standards within the 
     heritage area; and
       (6) seek to create public-private partnerships to finance 
     projects and initiatives within the heritage area.
       (d) Authorities.--The management entity may, for the 
     purposes of implementing the plan, use Federal funds made 
     available by this Act to--
       (1) make [loans or] grants to the State, City, or other 
     appropriate public or private organizations, entities, or 
     persons;
       (2) enter into cooperative agreements with, or provide 
     technical assistance to Federal agencies, the State, City or 
     other appropriate public or private organizations, entities, 
     or persons;
       (3) hire and compensate such staff as the management entity 
     deems necessary;
       (4) obtain money from any source under any program or law 
     requiring the recipient of such money to make a contribution 
     in order to receive such money;
       (5) spend funds on promotion and marketing consistent with 
     the resources and associated values of the heritage area in 
     order to promote increased visitation; and
       (6) [to] contract for goods and services.
       (e) Acquisition of Real Property.--(1) Except as provided 
     in paragraph (2), the management entity may not acquire any 
     real property or interest therein within the heritage area, 
     other than the leasing of facilities.
       (2)(A) Subject to subparagraph (B), the management entity 
     may acquire real property, or an interest therein, within the 
     heritage area by gift or devise, or by purchase from a 
     willing seller with money which was donated, bequeathed, 
     appropriated, or otherwise made available to the management 
     entity on the condition that such money be used to purchase 
     real property, or interest therein, within the heritage area.
       (B) Any real property or interest therein acquired by the 
     management entity pursuant to this paragraph shall be 
     conveyed in perpetuity by the management entity to an 
     appropriate public or private entity, as determined by the 
     management entity. Any such conveyance shall be made as soon 
     as practicable after acquisition, without consideration, and 
     on the condition that the real property or interest therein 
     so conveyed shall be used for public purposes.
       (f) Revision of Plan.--Within 18 months after the date of 
     enactment, the management entity shall submit to the 
     Secretary a revised plan. Such revision shall include, but 
     not be limited to--
       (1) a review of the implementation agenda for the heritage 
     area;
       (2) projected capital costs; and
       (3) plans for partnership initiatives and expansion of 
     community support.

     SEC. 6. DUTIES OF THE SECRETARY.

       (a) Interpretive Support.--The Secretary may, upon request 
     of the management entity, provide appropriate interpretive, 
     planning, educational, staffing, exhibits, and other material 
     or support for the heritage area, consistent with the plan 
     and as appropriate to the resources and associated values of 
     the heritage area.
       (b) Technical Assistance.--The Secretary [shall,] may upon 
     request of the management entity and consistent with the 
     plan, provide technical assistance to the management entity.
       (c) Cooperative Agreements[, Loans] and Grants.--The 
     Secretary may, in consultation with the management entity and 
     consistent with the management plan, make [loans and] grants 
     to, and enter into cooperative agreements with the management 
     entity, the State, City, non-profit organization or any 
     person.
       (d) Plan Amendments.--No amendments to the plan may be made 
     unless approved by the Secretary. The Secretary shall consult 
     with the management entity in reviewing any proposed 
     amendments.

     SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES.

       Any Federal department, agency, or other entity conducting 
     or supporting activities directly affecting the heritage area 
     shall--
       (1) consult with the Secretary and the management entity 
     with respect to such activities.
       (2) cooperate with the Secretary and the management entity 
     in carrying out their duties under this Act, and to the 
     extent practicable, coordinate such activities directly with 
     the duties of the Secretary and the management entity.
       (3) to the extent practicable, conduct or support such 
     activities in a manner which the management entity determines 
     will not have an adverse effect on the heritage area.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       [There is authorized to be appropriated such sums as may be 
     necessary to carry out this Act.]
       (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) Matching Funds.--Federal funding provided under this 
     Act shall be matched at least 25 percent by other funds or 
     in-kind services.

     SEC. 9. SUNSET.

       The Secretary may not make any grant or provide any 
     assistance under this Act after September 30, 2015.

  The committee amendments were agreed to.
  The bill (S. 2247), as amended, was read the third time and passed.

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