[House Report 106-285]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-285

======================================================================



 
          LACKAWANNA VALLEY NATIONAL HERITAGE AREA ACT OF 1999

                                _______
                                

 August 3, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 940]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 940) to establish the Lackawanna Heritage Valley American 
Heritage Area, having considered the same, report favorably 
thereon with amendments and recommend that the bill as amended 
do pass.

  The amendments are as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSE.

  (a) Findings.--The Congress finds the following:
          (1) The industrial and cultural heritage of northeastern 
        Pennsylvania inclusive of Lackawanna, Luzerne, Wayne, and 
        Susquehanna counties, related directly to anthracite and 
        anthracite-related industries, is nationally significant, as 
        documented in the United States Department of the Interior-
        National Parks Service, National Register of Historic Places, 
        Multiple Property Documentation submittal of the Pennsylvania 
        Historic and Museum Commission (1996).
          (2) These industries include anthracite mining, ironmaking, 
        textiles, and rail transportation.
          (3) The industrial and cultural heritage of the anthracite 
        and related industries in this region 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 the formation 
        of many key unions such as the United Mine Workers of America, 
        and crucial struggles to improve wages and working conditions, 
        such as the 1900 and 1902 anthracite strikes.
          (5) The Department of the Interior is responsible for 
        protecting the Nation's cultural and historic resources, and 
        there are significant examples of these resources within this 
        4-county region to merit the involvement of the Federal 
        Government to develop programs and projects, in cooperation 
        with the Lackawanna Heritage Valley Authority, the Commonwealth 
        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.
          (6) The Lackawanna Heritage Valley Authority would be an 
        appropriate management entity for a Heritage Area established 
        in the region.
  (b) Purpose.--The objectives of the Lackawanna Valley National 
Heritage Area are as follows:
          (1) To foster a close working relationship with all levels of 
        government, the private sector, and the local communities in 
        the anthracite coal region of northeastern Pennsylvania and 
        empower the communities to conserve their heritage while 
        continuing to pursue economic opportunities.
          (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 of 
        northeastern Pennsylvania.

SEC. 3. LACKAWANNA VALLEY NATIONAL HERITAGE AREA.

  (a) Establishment.--There is hereby established the Lackawanna Valley 
National Heritage Area (in this Act referred to as the ``Heritage 
Area'').
  (b) Boundaries.--The Heritage Area shall be comprised of all or parts 
of the counties of Lackawanna, Luzerne, Wayne, and Susquehanna in 
Pennsylvania, determined pursuant to the compact under section 4.
  (c) Management Entity.--The management entity for the Heritage Area 
shall be the Lackawanna Heritage Valley Authority.

SEC. 4. COMPACT.

  To carry out the purposes of this Act, the Secretary of the Interior 
(in this Act referred to as the ``Secretary'') shall enter into a 
compact with the management entity. The compact shall include 
information relating to the objectives and management of the area, 
including each of the following:
          (1) A delineation of the boundaries of the Heritage Area.
          (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. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

  (a) Authorities of the Management Entity.--The management entity may, 
for purposes of preparing and implementing the management plan 
developed under subsection (b), use funds made available through this 
Act for the following:
          (1) To make grants to, and enter into cooperative agreements 
        with States and their political subdivisions, private 
        organizations, or any person.
          (2) To hire and compensate staff.
          (3) To enter into contracts for goods and services.
  (b) Management Plan.--The management entity shall develop a 
management plan for the Heritage Area that presents recommendations for 
the Heritage Area's conservation, funding, management, and development. 
Such plan shall take into consideration existing State, county, and 
local plans and involve residents, public agencies, and private 
organizations working in the Heritage Area. It shall include 
recommendations for actions to be undertaken by units of government and 
private organizations to protect the resources of the Heritage Area. It 
shall specify the existing and potential sources of funding to protect, 
manage, and develop the Heritage Area. Such plan shall include, as 
appropriate, the following:
          (1) 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, historic, recreational, or 
        scenic significance.
          (2) A recommendation of policies for resource management 
        which considers and details application of appropriate land and 
        water management techniques, including, but not limited to, the 
        development of intergovernmental cooperative agreements to 
        protect the Heritage Area's historical, cultural, recreational, 
        and natural resources in a manner consistent with supporting 
        appropriate and compatible economic viability.
          (3) A program for implementation of the management plan by 
        the management entity, including plans for restoration and 
        construction, and specific commitments of the identified 
        partners for the first 5 years of operation.
          (4) An analysis of ways in which local, State, and Federal 
        programs may best be coordinated to promote the purposes of 
        this Act.
          (5) An interpretation plan for the Heritage Area.
The management entity shall submit the management plan to the Secretary 
for approval within 3 years after the date of enactment of this Act. If 
a management plan is not submitted to the Secretary as required within 
the specified time, the Heritage Area shall no longer qualify for 
Federal funding.
  (c) Duties of Management Entity.--The management entity shall--
          (1) give priority to implementing actions set forth in the 
        compact and management plan, including steps to assist units of 
        government, regional planning organizations, and nonprofit 
        organizations in preserving the Heritage Area;
          (2) assist units of government, regional planning 
        organizations, and nonprofit organizations in establishing and 
        maintaining interpretive exhibits in the Heritage Area; assist 
        units of government, regional planning organizations, and 
        nonprofit organizations in developing recreational resources in 
        the Heritage Area;
          (3) assist units of government, regional planning 
        organizations, and nonprofit organizations in increasing public 
        awareness of and appreciation for the natural, historical, and 
        architectural resources and sites in the Heritage Area; assist 
        units of government, regional planning organizations and 
        nonprofit organizations in the restoration of any historic 
        building relating to the themes of the Heritage Area;
          (4) encourage economic viability in the Heritage Area 
        consistent with the goals of the plan; encourage local 
        governments to adopt land use policies consistent with the 
        management of the Heritage Area and the goals of the plan;
          (5) assist units of government, regional planning 
        organizations, and nonprofit organizations to ensure that 
        clear, consistent, and environmentally appropriate signs 
        identifying access points and sites of interest are put in 
        place throughout the Heritage Area;
          (6) consider the interests of diverse governmental, business, 
        and nonprofit groups within the Heritage Area;
          (7) conduct public meetings at least quarterly regarding the 
        implementation of the management plan; and
          (8) for any year in which Federal funds have been received 
        under this Act, make available for audit all records pertaining 
        to the expenditure of such funds and any matching funds, and 
        require, for all agreements authorizing expenditure of Federal 
        funds by other organizations, that the receiving organizations 
        make available for audit all records pertaining to the 
        expenditure of such funds.
  (d) Prohibition on the Acquisition of Real Property.--The management 
entity may not use Federal funds received under this Act to acquire 
real property or an interest in real property. Nothing in this Act 
shall preclude any management entity from using Federal funds from 
other sources for their permitted purposes.
  (e) 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 Act, 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. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

  (a) Technical and Financial Assistance.--The Secretary may, upon 
request of the management entity, provide technical and financial 
assistance to the management entity to develop and implement the 
management plan. In assisting the management entity, the Secretary 
shall give priority to actions that in general assist in--
          (1) conserving the significant natural, historic, and 
        cultural resources which support its themes; and
          (2) providing educational, interpretive, and recreational 
        opportunities consistent with its resources and associated 
        values.
  (b) Approval and Disapproval of Management Plans.--The Secretary, in 
consultation with the Governor of Pennsylvania, shall approve or 
disapprove a management plan submitted under this Act not later than 90 
days after receiving such management plan.
  (c) Action Following Disapproval.--If the Secretary disapproves a 
submitted management plan, the Secretary shall advise the management 
entity in writing of the reasons therefore and shall make 
recommendations for revisions in the plan. The Secretary shall approve 
or disapprove a proposed revision within 90 days after the date it is 
submitted.
  (d) Approving Amendments.--The Secretary shall review substantial 
amendments to the management plan for the Heritage Area. Funds 
appropriated pursuant to this Act may not be expended to implement the 
changes made by such amendments until the Secretary approves the 
amendments.

SEC. 7. ADDITIONAL ANTHRACITE COAL REGION DESIGNATION.

  (a) Designation.--Upon publication by the Secretary in the Federal 
Register of notice that the Secretary has signed a compact (as provided 
for in subsection (b)) there is hereby designated the Schuylkill River 
National Heritage Area.
  (b) Compact.--The compact submitted under this section with respect 
to the Schuylkill River National Heritage Area shall consist of an 
agreement between the Secretary and the Schuylkill River Greenway 
Association (who shall serve as the management entity for the area). 
Such agreement shall define the area (including a delineation of the 
boundaries), describe anticipated programs for the area, and include 
information relating to the objectives and management of the area. Such 
information shall include, but not be limited to, an explanation of the 
proposed approach to the conservation and interpretation of the area 
and a general outline of the protection measures committed to by the 
partners.
  (c) Authorities and Duties.--The authorities and duties of the 
management entity and other Federal agencies for the Schuylkill River 
National Heritage Area shall be the same as provided for by sections 5 
and 6 of this Act, except that for such purposes any reference in such 
sections to the ``Heritage Area'' shall be deemed to be a reference to 
the Schuylkill River National Heritage Area and any reference to the 
``management entity'' shall be deemed a reference to the Schuylkill 
River Greenway Association.

SEC. 8. CULTURE AND HERITAGE OF ANTHRACITE COAL REGION.

  All authorized existing and future heritage area management entities 
in the Anthracite Coal Region in Pennsylvania are authorized and 
directed to coordinate with one another in the management of such 
areas. Each such management entity is authorized to use funds 
appropriated for such heritage areas for the purposes of this section.

SEC. 9. SUNSET.

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

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated under this 
Act not more than $1,000,000 for any fiscal year for each heritage area 
designated by this Act. Not more than a total of $10,000,000 may be 
appropriated for each heritage area under this Act.
  (b) 50 Percent Match.--Federal funding provided under this Act, after 
the designation of each heritage area, may not exceed 50 percent of the 
total cost of any assistance or grant provided or authorized under this 
Act.

  Amend the title so as to read:

    A bill to designate the Lackawanna Valley National Heritage 
Area and for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 940 is establish the Lackawanna 
Heritage Valley American Heritage Area.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 940 establishes the Lackawanna Heritage Valley 
American Heritage Area in the State of Pennsylvania. The 
proposed Heritage Area would cover a four-county region in 
northeastern Pennsylvania, including Lackawanna, Luzerne, 
Wayne, and Susquehanna counties. The Lackawanna Valley was the 
first heritage area designated by the Commonwealth of 
Pennsylvania, and is a nationally significant historic area. 
The Valley's current mix of ethnicity, its combination of dense 
urban areas and isolated settlements, and the remains of coal 
mines surrounded by countryside are characteristic of our 
legacy from the industrial revolution. This area also played a 
significant role in the formation and development of the 
organized union movement, such as the United Mine Workers, in 
the early part of this century.
    H.R. 940 would establish the Lackawanna Heritage Valley 
Authority as the management entity responsible for developing 
and then implementing a management plan for the Heritage Area. 
The management plan must be submitted within three years after 
the enactment of this Act to the Secretary of the Interior and 
present recommendations for conservation, funding, management, 
and development. It shall also include recommendations to be 
undertaken by units of government and private organizations to 
protect and interpret the historical, natural, cultural, and 
recreational resources of the area. The Secretary, in 
consultation with the Governor of Pennsylvania, shall approve 
or disapprove the plan within 90 days.
    During Committee consideration of H.R. 940, an amendment 
was adopted which designated the Schuylkill River National 
Heritage Area in Pennsylvania.
    H.R. 940 authorizes the appropriation of not more than 
$1,000,000 for any fiscal year per heritage area designated by 
the bill, and not more than $10,000,000 total may be 
appropriated for each heritage area authorized by H.R. 940. The 
management entities may not use federal funds to acquire real 
property or interest in real property. Also, federal funding 
may not exceed 50 percent of the total cost of any assistance 
or grant provided for under H.R. 940.

                            COMMITTEE ACTION

    H.R. 940 was introduced on March 2, 1999, by Congressman 
Don Sherwood (R-PA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On June 10, 1999, the 
Subcommittee held a hearing on the bill, where the National 
Park Service testified in support of the bill with minor 
amendments. On July 15, 1999, the Subcommittee met to consider 
the bill. An amendment in the nature of a substitute was 
offered by Congressman Sherwood which changed the name to the 
``Lackawanna Valley National Heritage Area'', eliminated the 
loan provisions, and provided for the coordination of other 
existing and future heritage areas with the Lackawanna Valley 
National Heritage Area. The amendment was adopted by voice vote 
and the bill, as amended, was ordered favorably reported to the 
Full Committee by voice vote. On July 21, 1999, the Full 
Resources Committee met to consider the bill. Congressman 
Sherwood offered an amendment which deleted a special studies 
provision. It was adopted by voice vote. Congressman George 
Miller (D-CA) offered an amendment which designated the 
Schuylkill River National Heritage Area after the Secretary of 
the Interior signs a compact with the authorized management 
entity, the Schuylkill River Greenway Association. The 
amendment was adopted by voice vote. The bill, as amended, was 
then ordered favorably reported to the House of Representatives 
by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings.--Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 2, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 940, the 
Lackawanna Valley National Heritage Area Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs) and Marjorie Miller (for the state and 
local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 940--Lackawanna Valley National Heritage Area Act of 1999

    H.R. 940 would establish the Lackawanna Valley National 
Heritage Area and (pending execution of an agreement with a 
local authority) the Schuylkill River National Heritage Area in 
Pennsylvania. The bill would direct the National Park Service 
(NPS) to execute agreements with two local associations that 
would serve as management entities for the new areas. Those two 
entities would develop management plans for the heritage areas, 
which would include an inventory of resources and 
recommendations for financing, managing, and protecting each 
area and its resources. The NPS would provide technical and 
financial assistance to the management entities and approve or 
disapprove the management plans. The NPS's authority for 
assisting the management entities would expire after September 
30, 2012. Finally, the bill would authorize the appropriation 
of $1 million annually for each heritage area, but would cap 
the total authorization for each area at $10 million.
    Assuming appropriation of the authorized amounts, CBO 
estimates that the NPS would provide each of the two heritage 
areas with $1 million for each of fiscal years 2000 through 
2009, for a total cost of $20 million. (That total could be 
spread over a period of up to 13 years.) Such amounts would be 
used to cover a portion of the costs of establishing, 
operating, and interpreting the two heritage areas.
    Implementing H.R. 940 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
The bill contains no private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). H.R. 940 would impose new 
intergovernmental mandates on the Lackawanna Heritage Valley 
Authority, a public entity. The bill would require the 
authority to develop a management plan for the Lackawanna 
Valley National Heritage Area and to undertake certain 
activities to assist local governments and other organizations. 
These requirements would be intergovernmental mandates as 
defined in UMRA. Based on information provided by the 
authority, however, CBO estimates that the costs imposed by 
these mandates would be far below the threshold established by 
that act ($50 million in 1996, adjusted annually for 
inflation). Further, the bill would authorize appropriations to 
cover up to 50 percent of total spending for these activities. 
H.R. 940 would impose no costs on other state, local, or tribal 
governments.
    The CBO staff contacts are Deborah Reis (for federal costs) 
and Marjorie Miller (for the state and local impact). This 
estimate was approved by Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    compliance with public law 104-4

    This bill contains no unfunded mandates.

               preemption of state, local, or tribal law

    This bill is not intended to preempt State, local, or 
tribal law.

                        changes in existing law

    If enacted, this bill would make no changes in existing 
law.

                                  
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