[Congressional Record Volume 155, Number 18 (Thursday, January 29, 2009)]
[Senate]
[Pages S1064-S1066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CASEY (for himself and Mr. Specter):
  S. 349. A bill to establish the Susquehanna Gateway National Heritage 
Area in the State of Pennsylvania, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. CASEY. Mr. President, I rise today to introduce legislation that 
would establish the Susquehanna Gateway National Heritage Area in York 
and Lancaster Counties, Pennsylvania. Since 1984, Congressionally-
designated National Heritage Areas have fostered partnerships between 
the public and private sectors for undertaking preservation, 
educational, and recreational initiatives in diverse regions throughout 
the country. Through these efforts, National Heritage Areas have helped 
to protect our nation's natural and cultural resources while promoting 
local economic development. Today, I am proud once again to join my 
colleague from Pennsylvania Senator Arlen Specter to propose a bill 
that would grant national recognition to the Susquehanna Gateway 
region, an area that has played a key role in the development of our 
nation's cultural, political, and economic identity.
  As the Senate continues its work in the 111th Congress, I look 
forward to working with my colleagues to pass the Susquehanna Gateway 
National Heritage Area Act soon so that the region can begin to play a 
national role in sharing America's story.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 349

       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 ``Susquehanna Gateway National 
     Heritage Area Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) numerous sites of significance to the heritage of the 
     United States are located within the boundaries of the 
     proposed Susquehanna Gateway National Heritage Area, which 
     includes the Lower Susquehanna River corridor and all of 
     Lancaster and York Counties in the State of Pennsylvania;
       (2) included among the more than 200 historically 
     significant sites, structures, districts, and tours in the 
     area are--
       (A) the home of a former United States President;
       (B) the community where the Continental Congress adopted 
     the Articles of Confederation;
       (C) the homes of many prominent figures in the history of 
     the United States;
       (D) the preserved agricultural landscape of the Plain 
     communities of Lancaster County, Pennsylvania;
       (E) the exceptional beauty and rich cultural resources of 
     the Susquehanna River Gorge;
       (F) numerous National Historic Landmarks, National Historic 
     Districts, and Main Street communities; and
       (G) many thriving examples of the nationally significant 
     industrial and agricultural heritage of the region, which are 
     collectively and individually of significance to the history 
     of the United States;
       (3) in 1999, a regional, collaborative public-private 
     partnership of organizations and agencies began an initiative 
     to assess historic sites in Lancaster and York Counties, 
     Pennsylvania, for consideration as a Pennsylvania Heritage 
     Area;
       (4) the initiative--
       (A) issued a feasibility study of significant stories, 
     sites, and structures associated with Native American, 
     African-American, European-American, Colonial American, 
     Revolutionary, and Civil War history; and
       (B) concluded that the sites and area--
       (i) possess historical, cultural, and architectural values 
     of significance to the United States; and
       (ii) retain a high degree of historical integrity;
       (5) in 2001, the feasibility study was followed by 
     development of a management action plan and designation of 
     the area by the State of Pennsylvania as an official 
     Pennsylvania Heritage Area;
       (6) in 2008, a feasibility study report for the Heritage 
     Area--
       (A) was prepared and submitted to the National Park 
     Service--
       (i) to document the significance of the area to the United 
     States; and
       (ii) to demonstrate compliance with the interim criteria of 
     the National Park Service for National Heritage Area 
     designation; and
       (B) found that throughout the history of the United States, 
     Lancaster and York Counties and the Susquehanna Gateway 
     region have played a key role in the development of the 
     political, cultural, and economic identity of the United 
     States;
       (7) the people of the region in which the Heritage Area is 
     located have--
       (A) advanced the cause of freedom; and
       (B) shared their agricultural bounty and industrial 
     ingenuity with the world;
       (8) the town and country landscapes and natural wonders of 
     the area are visited and treasured by people from across the 
     globe;
       (9) for centuries, the Susquehanna River has been an 
     important corridor of culture and commerce for the United 
     States, playing key roles as a major fishery, transportation 
     artery, power generator, and place for outdoor recreation;
       (10) the river and the region were a gateway to the early 
     settlement of the ever-moving frontier;
       (11) the area played a critical role as host to the 
     Colonial government during a turning point in the 
     Revolutionary War;
       (12) the rural landscape created by the Amish and other 
     Plain people of the region is of a scale and scope that is 
     rare, if not entirely unknown in any other region, in the 
     United States;
       (13) for many people in the United States, the Plain people 
     of the region personify the virtues of faith, honesty, 
     community, and stewardship at the heart of the identity of 
     the United States;
       (14) the regional stories of people, land, and waterways in 
     the area are essential parts of the story of the United 
     States and exemplify the qualities inherent in a National 
     Heritage Area;
       (15) in 2008, the National Park Service found, based on a 
     comprehensive review of the Susquehanna Gateway National 
     Heritage Area Feasibility Study Report, that the area meets 
     the 10 interim criteria of the National Park Service for 
     designation of a National Heritage Area;
       (16) the preservation and interpretation of the sites 
     within the Heritage Area will make a vital contribution to 
     the understanding of the development and heritage of the 
     United States for the education and benefit of present and 
     future generations;
       (17) the Secretary of the Interior is responsible for 
     protecting the historic and cultural resources of the United 
     States;
       (18) there are significant examples of historic and 
     cultural resources within the Heritage Area that merit the 
     involvement of the Federal Government, in cooperation with 
     the management entity and State and local governmental 
     bodies, to develop programs and projects to adequately 
     conserve, support, protect, and interpret the heritage of the 
     area;
       (19) partnerships between the Federal Government, State and 
     local governments, regional entities, the private sector, and 
     citizens of the area offer the most effective opportunities 
     for the enhancement and management of the historic sites 
     throughout the Heritage Area to promote the cultural and 
     historic attractions of the Heritage Area for visitors and 
     the local economy; and
       (20) the Lancaster-York Heritage Region, a 501(c)(3) 
     nonprofit corporation and State-designated management entity 
     of the Pennsylvania Heritage Area, would be an appropriate 
     management entity for the Heritage Area.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Susquehanna Gateway National Heritage Area established by 
     section 4(a).
       (2) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by section 5(a).
       (3) Management plan.--The term ``management plan'' means 
     the plan developed by the management entity under section 
     6(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     Pennsylvania.

     SEC. 4. ESTABLISHMENT OF SUSQUEHANNA GATEWAY NATIONAL 
                   HERITAGE AREA.

       (a) In General.--There is established in the State the 
     Susquehanna Gateway National Heritage Area.
       (b) Boundaries.--The Heritage Area shall include a core 
     area located in south-central Pennsylvania consisting of an 
     1869-square-mile region east and west of the Susquehanna 
     River and encompassing Lancaster and York Counties.
       (c) Map.--A map of the Heritage Area shall be--
       (1) included in the management plan; and
       (2) on file in the appropriate offices of the National Park 
     Service.

     SEC. 5. DESIGNATION OF MANAGEMENT ENTITY.

       (a) Management Entity.--The Lancaster-York Heritage Region 
     shall be the management entity for the Heritage Area.
       (b) Authorities of Management Entity.--The management 
     entity may, for purposes of preparing and implementing the 
     management plan, use Federal funds made available under this 
     Act--

[[Page S1065]]

       (1) to prepare reports, studies, interpretive exhibits and 
     programs, historic preservation projects, and other 
     activities recommended in the management plan for the 
     Heritage Area;
       (2) to pay for operational expenses of the management 
     entity;
       (3) to make grants to the State, political subdivisions of 
     the State, nonprofit organizations, and other persons;
       (4) to enter into cooperative agreements with the State, 
     political subdivisions of the State, nonprofit organizations, 
     and other organizations;
       (5) to hire and compensate staff;
       (6) to obtain funds or services from any source, including 
     funds and services provided under any other Federal program 
     or law; and
       (7) to contract for goods and services.
       (c) Duties of Management Entity.--To further the purposes 
     of the Heritage Area, the management entity shall--
       (1) prepare a management plan for the Heritage Area in 
     accordance with section 6;
       (2) give priority to the implementation of actions, goals, 
     and strategies set forth in the management plan, including 
     assisting units of government and other persons in--
       (A) carrying out programs and projects that recognize and 
     protect important resource values in the Heritage Area;
       (B) encouraging economic viability in the Heritage Area in 
     accordance with the goals of the management plan;
       (C) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (D) developing heritage-based recreational and educational 
     opportunities for residents and visitors in the Heritage 
     Area;
       (E) increasing public awareness of and appreciation for the 
     natural, historic, and cultural resources of the Heritage 
     Area;
       (F) restoring historic buildings that are--
       (i) located in the Heritage Area; and
       (ii) related to the themes of the Heritage Area; and
       (G) installing throughout the Heritage Area clear, 
     consistent, and appropriate signs identifying public access 
     points and sites of interest;
       (3) consider the interests of diverse units of government, 
     businesses, tourism officials, private property owners, and 
     nonprofit groups within the Heritage Area in developing and 
     implementing the management plan;
       (4) conduct public meetings at least semiannually regarding 
     the development and implementation of the management plan; 
     and
       (5) for any fiscal year for which Federal funds are 
     received under this Act--
       (A) submit to the Secretary an annual report that 
     describes--
       (i) the accomplishments of the management entity;
       (ii) the expenses and income of the management entity; and
       (iii) the entities to which the management entity made any 
     grants;
       (B) make available for audit all records relating to the 
     expenditure of the Federal funds and any matching funds; and
       (C) require, with respect to all agreements authorizing the 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available for audit all records 
     relating to the expenditure of the Federal funds.
       (d) Prohibition on Acquisition of Real Property.--
       (1) In general.--The management entity shall not use 
     Federal funds received under this Act to acquire real 
     property or any interest in real property.
       (2) Other sources.--Nothing in this Act precludes the 
     management entity from using Federal funds from other sources 
     for authorized purposes, including the acquisition of real 
     property or any interest in real property.

     SEC. 6. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date on 
     which funds are first made available to carry out this Act, 
     the management entity shall prepare and submit to the 
     Secretary a management plan for the Heritage Area.
       (b) Contents.--The management plan for the Heritage Area 
     shall--
       (1) include comprehensive policies, strategies, and 
     recommendations for the conservation, funding, management, 
     and development of the Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans;
       (3) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Area;
       (4) include an inventory of the natural, historic, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area relating to the themes of the Heritage Area 
     that should be preserved, restored, managed, developed, or 
     maintained; and
       (5) include an analysis of, and recommendations for, ways 
     in which Federal, State, and local programs, may best be 
     coordinated to further the purposes of this Act, including 
     recommendations for the role of the National Park Service in 
     the Heritage Area.
       (c) Disqualification From Funding.--If a proposed 
     management plan is not submitted to the Secretary by the date 
     that is 3 years after the date on which funds are first made 
     available to carry out this Act, the management entity may 
     not receive additional funding under this Act until the date 
     on which the Secretary receives the proposed management plan.
       (d) Approval and Disapproval of Management Plan.--
       (1) In general.--Not later than 180 days after the date on 
     which the management entity submits the management plan to 
     the Secretary, the Secretary shall approve or disapprove the 
     proposed management plan.
       (2) Considerations.--In determining whether to approve or 
     disapprove the management plan, the Secretary shall consider 
     whether--
       (A) the management entity is representative of the diverse 
     interests of the Heritage Area, including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, and recreational 
     organizations;
       (B) the management entity has provided adequate 
     opportunities (including public meetings) for public and 
     governmental involvement in the preparation of the management 
     plan;
       (C) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historic, and cultural 
     resources of the Heritage Area; and
       (D) the management plan is supported by the appropriate 
     State and local officials, the cooperation of which is needed 
     to ensure the effective implementation of the State and local 
     aspects of the management plan.
       (3) Disapproval and revisions.--
       (A) In general.--If the Secretary disapproves a proposed 
     management plan, the Secretary shall--
       (i) advise the management entity, in writing, of the 
     reasons for the disapproval; and
       (ii) make recommendations for revision of the proposed 
     management plan.
       (B) Approval or disapproval.--The Secretary shall approve 
     or disapprove a revised management plan not later than 180 
     days after the date on which the revised management plan is 
     submitted.
       (e) Approval of Amendments.--
       (1) In general.--The Secretary shall review and approve or 
     disapprove substantial amendments to the management plan in 
     accordance with subsection (d).
       (2) Funding.--Funds appropriated under this Act may not be 
     expended to implement any changes made by an amendment to the 
     management plan until the Secretary approves the amendment.

     SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

       (a) In General.--Nothing in this Act affects the authority 
     of a Federal agency to provide technical or financial 
     assistance under any other law.
       (b) Consultation and Coordination.--The head of any Federal 
     agency planning to conduct activities that may have an impact 
     on the Heritage Area is encouraged to consult and coordinate 
     the activities with the Secretary and the management entity 
     to the extent practicable.
       (c) Other Federal Agencies.--Nothing in this Act--
       (1) modifies, alters, or amends any law or regulation 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (2) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (3) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.

     SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

       Nothing in this Act--
       (1) abridges the rights of any property owner (whether 
     public or private), including the right to refrain from 
     participating in any plan, project, program, or activity 
     conducted within the Heritage Area;
       (2) requires any property owner to permit public access 
     (including access by Federal, State, or local agencies) to 
     the property of the property owner, or to modify public 
     access or use of property of the property owner under any 
     other Federal, State, or local law;
       (3) alters any duly adopted land use regulation, approved 
     land use plan, or other regulatory authority of any Federal, 
     State, or local agency, or conveys any land use or other 
     regulatory authority to the management entity;
       (4) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (5) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (6) creates any liability, or affects any liability under 
     any other law, of any private property owner with respect to 
     any person injured on the private property.

     SEC. 9. EVALUATION; REPORT.

       (a) In General.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area, the Secretary shall--
       (1) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (2) prepare a report in accordance with subsection (c).
       (b) Evaluation.--An evaluation conducted under subsection 
     (a)(1) shall--
       (1) assess the progress of the management entity with 
     respect to--
       (A) accomplishing the purposes of this Act for the Heritage 
     Area; and
       (B) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;
       (2) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and

[[Page S1066]]

       (3) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (c) Report.--
       (1) In general.--Based on the evaluation conducted under 
     subsection (a)(1), the Secretary shall prepare a report that 
     includes recommendations for the future role of the National 
     Park Service, if any, with respect to the Heritage Area.
       (2) Required analysis.--If the report prepared under 
     paragraph (1) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (A) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (B) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (3) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $10,000,000, of which not more than 
     $1,000,000 may be authorized to be appropriated for any 
     fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     cost of any activity carried out using funds made available 
     under this Act shall be not more than 50 percent.

     SEC. 11. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide financial 
     assistance under this Act terminates on the date that is 15 
     years after the date of enactment of this Act.
                                 ______