[Senate Report 106-341]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 680
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-341

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



 
              WHEELING NATIONAL HERITAGE AREA ACT OF 2000

                                _______
                                

                 July 12, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2247]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2247) to establish the Wheeling National 
Heritage Area in the State of West Virginia, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill, as amended, do 
pass.
    The amendments are as follows:

    1. On page 7, line 11, strike ``a''.
    2. On page 8, line 19, strike ``loans or''.
    3. On page 9, line 11, strike ``to''.
    4. On page 10, after line 7, insert the following:
    ``(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.''.
    5. On page 10, line 15 strike ``shall,'' and insert in lieu thereof 
``may,''.
    6. On page 10, line 19, strike ``, LOANS''.
    7. On page 10, line 22, strike ``loans and''.
    8. On page 11, strike lines 21 and 22 and insert the following:
    ``(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.''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 2247 is to establish the Wheeling 
National Heritage Area in the State of West Virginia and 
designate the Wheeling National Heritage Area Corporation as 
the management entity. The Secretary of the Interior is 
authorized to provide interpretive, technical, and financial 
assistance.

                          BACKGROUND AND NEED

    The area in and around the city of Wheeling, West Virginia 
possesses important historical, cultural, and natural resources 
representing major heritage themes of transportation, commerce 
and industry, and the Victorian culture in the United States. 
Wheeling served as the western terminus of the National Road of 
the early 1800's, was one of the few major inland ports during 
the nineteenth century, and played an important role in the 
industrial and commercial heritage of the United States through 
the development of industries such as iron and steel, textile 
manufacturing, and others.
    In 1990, the city of Wheeling, the Wheeling Community, and 
the State of West Virginia, with assistance from the National 
Park Service, formed the Wheeling Heritage Area Task Force to 
identify opportunities for conserving and developing the city's 
resources. The Task Force produced the Wheeling Heritage 
Concept Plan, which explored Wheeling's history along with its 
many natural and cultural resources. In the spring of 1991, the 
Task Force commissioned a Development/Action Plan to determine 
how best to tell Wheeling's unique story using the city's 
heritage resources. The plan provides the blueprint for the 
Heritage Area and recommends that Wheeling's significant 
resources and story be recognized through the establishment of 
the Wheeling National Heritage Area. Once completed, the 
operation of the Heritage Area is designed to be locally 
managed and financially self-sustaining.

                          LEGISLATIVE HISTORY

    S. 2247 was introduced by Senator Byrd on March 9, 2000. 
Testimony from witnesses on this bill was included in the 
record of the hearing held by the Subcommittee on National 
Parks, Historic Preservation, and Recreation on May 25, 2000. 
At its business meeting on June 7, 2000, the Committee on 
Energy and Natural Resources ordered S. 2247, as amended, 
favorably reported.

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

    The Committee on Energy and Natural Resources, in open 
business session on June 7, 2000, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 2247, if 
amended as described herein.

                          COMMITTEE AMENDMENTS

    During the consideration of S. 2247, the Committee adopted 
amendments which made several technical and clarifying changes. 
The amendments also incorporate several other provisions which 
have become standard in authorizations for other heritage 
areas. The provisions include a requirement that the management 
entity submit a management plan to the Secretary, that the 
heritage area be subject to standard appropriation ceilings and 
matching fund requirements, and that the authority for Federal 
financial assistance terminate 15 years after the date of 
enactment.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 designates the bill's short title as the 
``Wheeling National Heritage Area Act of 2000.''
    Section 2(a) contains congressional findings.
    Subsection (b) describes the purposes of the Act. The 
purposes are as follows: (1) to recognize the importance to the 
Nation of the history and development of the Wheeling area; (2) 
to provide a framework to assist the city of Wheeling and other 
entities to preserve, enhance, and interpret the area's 
resources; (3) to provide limited Federal, State, and local 
financial assistance for planning and infrastructure; and (4) 
to provide for an economically self-sustaining National 
Heritage Area that is not dependent on Federal funding beyond 
its initial years.
    Section 3 defines key terms used in the Act.
    Section 4(a) establishes the Wheeling National Heritage 
Area.
    Subsection (b) designates the management entity for the 
heritage area as the Wheeling National Heritage Area 
Corporation.
    Section 5(a) describes the primary mission of the 
management entity in implementing and coordinating the 
recommendations of the 1992 Plan for the Wheeling National 
Heritage Area, and in directing and coordinating the 
interpretation, conservation, and development of the heritage 
area's resources.
    Subsection (b) directs the management entity to work with 
the State and local governments to ensure that the plan is 
formally adopted by the city of Wheeling and recognized by the 
State.
    Subsection (c) describes the specific responsibilities of 
the management entity with respect to implementing the plan.
    Subsection (d) describes the authority of the management 
entity with respect to the use of Federal funds made available 
under the Act. The management entity may make grants, enter 
into cooperative agreements, and provide technical assistance 
to Federal agencies and State, city, or other public or private 
organizations, and may hire and compensate staff. The 
management entity may also obtain money from any source under 
any program or law requiring them to make a contribution in 
order to receive the money, and may spend funds on promotion 
and marketing and to contract for goods and services.
    Subsection (e) prohibits the management entity from 
acquiring and real property or interest therein, other than 
leasing of facilities, except by gift or devise, or with money 
that is made available to the management entity on the 
condition that it be used to purchase real property or interest 
therein within the heritage area. Any property so acquired must 
be conveyed by the management entity, as soon as practicable, 
to an appropriate public or private entity on the condition 
that it will be used for public purposes.
    Subsection (f) requires the management entity to submit a 
revised management plan for the Heritage Area to the Secretary 
within 18 months after the date of enactment of this Act.
    Section 6 authorizes the Secretary of the Interior to 
assist the management entity by providing interpretive, 
planning, educational, and staffing support, and exhibits and 
other material support. The Secretary is also authorized to 
provide technical assistance, make grants, and enter into 
cooperative agreements with the management entity, the State, 
city, non-profit organizations or any person. No amendments to 
the management plan may be made without the Secretary's 
approval.
    Section 7 requires all Federal agencies conducting or 
supporting activities that directly affect the heritage area to 
consult, cooperate, and coordinate with the Secretary and the 
management entity to the extent practicable, and to conduct 
their activities in a manner that will not have an adverse 
effect on the heritage area.
    Section 8 authorizes the appropriation of $10 million, with 
a $1 million limit for any fiscal year, subject to a 25 percent 
match of funds or in-kind services.
    Section 9 terminates the authority of the Secretary to make 
any grant or provide any assistance under this Act after 
September 30, 2015.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 16, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2247, the Wheeling 
National Heritage Area Act of 2000.
    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 Jean Wooster (for the private-
sector impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 2247--Wheeling National Heritage Area Act of 2000

    S. 2247 would establish the Wheeling National Heritage Area 
in Wheeling, West Virginia. The bill would designate the 
Wheeling National Heritage Corporation as the management entity 
for the area and direct this nonprofit organization to 
implement a previously developed management plan. The 
corporation would provide financial and technical assistance to 
state and local agencies and other entities. The Secretary of 
the Interior would provide technical assistance to the 
corporation and approve or disapprove any amendments to the 
management plan. For these purposes, the bill would authorize 
the appropriation of $10 million, not to exceed $1 million 
annually over the next 15 years.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 2247 would cost $10 million over 
the next 10 to 15 years. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. S. 2247 contains no intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
impose no costs on state, local, or tribal governments.
    S. 2247 would impose private-sector mandates, as defined by 
UMRA, on the Wheeling National Heritage Area Corporation. The 
costs of the mandates would fall well below the annual 
threshold established by UMRA for private-sector mandates ($109 
million in 2000, adjusted annually for inflation). The bill 
would require the corporation, as the management entity for the 
Heritage Area, to implement the current management plan for the 
area and to submit a revised management plan to the Secretary 
of the Interior for approval. The bill also would require that 
the management entity assist local governments and other 
organizations in activities related to purposes of the area. S. 
2247 also would impose specific prohibitions on the management 
entity in the manner in which they may acquired real property. 
According to the corporation, it currently complies with most 
of the requirements in the bill. Further, based on information 
from the corporation and government sources, the restrictions 
related to acquiring property would not prevent the corporation 
from pursuing any planned purchases or activities for the area. 
Thus, CBO estimates that the costs of the mandates would fall 
well below the annual threshold established by UMRA for 
private-sector mandates.
    The CBO staff contacts for this estimate are Deborah Reis 
and Ali Aslam (for federal costs), and Jean Wooster (for the 
private-sector impact). The estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2247. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2247, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On, May 23, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2247. These 
reports had not been received at the time the report on S. 2247 
was filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
National Park Service at the Subcommittee hearing follows:

   Statement of Katherine Stevenson, Associate Director for Cultural 
    Resources Stewardship and Partnerships, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee today to present the views of the 
Department of the Interior on S. 2247, to establish the 
Wheeling National Heritage Area in Wheeling, West Virginia.
    The Department supports S. 2247, if amended as recommended 
by this testimony. The Administration objects to the bill's 
loan authority, which is not consistent with the letter or the 
spirit of the Federal Credit Reform Act of 1990.
    S. 2247 would provide the formal legislative charter for a 
heritage area which is already established and has received 
support from Congress for the last decade through annual 
appropriations. This legislation would establish the Wheeling 
National Heritage Area and designate the Wheeling National 
Heritage Area Corporation (WNHAC), a non-profit corporation 
chartered in the State of West Virginia, as the management 
entity for the heritage area. It would require WNHAC to 
implement and coordinate the recommendations contained in the 
August 1992 Plan for the Wheeling National Heritage Area, 
ensure integrated operation of the heritage area, and conserve 
and interpret the historic and cultural resources of the 
heritage area. The legislation would authorize funding 
appropriated by Congress to be used by the WNHAC for such 
purposes as making loans or grants, paying staff, and doing 
promotion and marketing.
    As is the case with other areas that have been designated 
as national heritage areas by Congress, the city of Wheeling is 
a place where natural, cultural, historic, and scenic resources 
combine to form a cohesive, nationally distinctive landscape 
arising from patterns of human activity that are shaped by 
geography. 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 tobacco manufacturing, Wheeling has played 
an important role in the industrial and commercial heritage of 
the United States. Today, a mix of nationally, regionally, and 
locally significant sites illustrate an important chapter in 
United States history.
    Federal support for the effort to identify and conserve 
cultural resources in Wheeling began with the development of 
the 1990 Concept Plan for the Wheeling Area, with which the 
National Park Service assisted. That document, which included a 
statement of national significance for the area, encouraged 
Congress to appropriate funds for the development of a 
management action plan and other early initiatives. The 
Wheeling National Heritage Area was one of our nation's first 
heritage areas to complete a management plan and receive 
ongoing technical assistance from the National Park Service.
    The Wheeling National Heritage Area plan, completed in 
1992, provided an inventory of the area's resources, 
recommended policies for resource management and 
interpretation, and set forth a program for plan 
implementation. For the past eight years, this plan, which was 
approved by the National Park Service, has guided WNHAC in its 
pursuit of appropriations and the expenditure of those funds to 
implement projects.
    The Wheeling National Heritage Area Corporation has been 
successful in completing a number of large projects that were 
described in their plan, including:
           the renovation of an historic warehouse into 
        a restaurant/museum/retail area;
           the construction of a five-story intermodal 
        transportation center that includes a visitor center 
        with interpretive exhibits;
           the design and implementation of the first 
        phase of the Wheeling Heritage Port--a new focal point 
        for the city and an attempt to reestablish river 
        traffic back to downtown Wheeling;
           the renovation and lighting of the Wheeling 
        Suspension bridge, a national historic landmark;
           the development of interpretive exhibits in 
        West Virginia Independence Hall, also a national 
        historic landmark;
and many more smaller community-based and historic preservation 
projects.
    Wheeling has been fortunate to have superb local 
leadership, community support, and ongoing technical assistance 
from the National Park Service. In addition, the funds 
appropriated by Congress have encouraged investment by the 
private sector as well as matching funds from the city and the 
state. In a relatively short amount of time, the work that has 
been done as a result of having a national heritage area plan 
and a commission to implement it has made a real impact on the 
preservation of the city's cultural resources and in the 
quality of life that Wheeling-area residents enjoy.
    While we support enacting legislation to authorize the 
Wheeling National Heritage Area, we recommend six changes to S. 
2247 as introduced.
    First, we object to the authority in section 5(d)(1) for 
the management entity to use Federal funds to make loans to 
various entities. No criteria or administrative guidelines have 
been developed for heritage areas to ensure that the taxpayers' 
funds are being used properly. For management entities with 
limited administrative resources, it would be an administrative 
burden to set up payment schedules, underwriting, and loan 
servicing sufficient to provide confidence that a loan program 
is using Federal funds in an accountable manner. We believe 
there are more effective ways for management entities to use 
limited Federal funds than creating loan programs.
    Second, we strongly object to the authority in section 6(c) 
for the Secretary to make loans to the management entity. Such 
loans would be subject to the Federal Credit Reform Act of 
1990, so it would require a significant investment to 
administer the loans, estimate subsidy costs, and track loan 
payments. This would impose a new burden on the National Park 
Service, which does not have this capability, and would not be 
cost-effective for such a small program. Establishing such a 
loan program without reference to the Federal Credit Reform Act 
or the capacity to implement those procedures is not consistent 
with recent credit reform efforts.
    Third, we recommend requiring that the Wheeling National 
Heritage Area plan be updated and submitted to the Secretary of 
the Interior within 18 months of enactment of the bill. Under a 
requirement to update the plan, WNHAC would review their 
original implementation agenda and projected capital costs, and 
consider proposals for new partnership initiatives that may not 
have been considered in the original document. Updating the 
plan would give the WNHAC a formal opportunity to take stock of 
what has been accomplished, how the priorities of the community 
have evolved, and how community support for the heritage area 
can be broadened.
    Fourth, we recommend that section 6(b) be revised so that 
the Secretary may, not shall, provide technical assistance. 
There may be instances, such as the unavailability of 
appropriated funds, where we cannot provide all of the 
technical assistance requested by the management entity.
    Fifth, we recommend changing the authorization of funding 
for the Wheeling National Heritage Area to make it consistent 
with the funding provisions that Congress typically has used in 
establishing other national heritage areas. The bill as 
introduced provides for the authorization of ``such sums as may 
be necessary'' for the heritage area. We recommend that the 
bill authorize not more than $1,000,000 for any fiscal year, 
and not more than a total of $10,000,000 over 15 years. We also 
recommend a 50 percent non-Federal match requirement.
    Finally, we recommend that the Secretary's authority to 
provide assistance terminate in 2015. Adding this sunset 
provision, like the authorization provisions suggested above, 
would make this legislation consistent with other legislation 
Congress has passed in recent years.
    Amendments reflecting these proposed changes are attached 
to this statement.
    Mr. Chairman, that concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

Amendments to S. 2247, Wheeling National Heritage Area, Proposed by the 
                         National Park Service

    Page 6, line 3, insert ``Area'' after ``Heritage''. 
[technical amendment]
    Page 8, line 19, strike ``loans or''.
    Page 10, after line 7, insert the following:
    ``(f) Revision of Plan.--Within 18 months after the date of 
enactment, the management entity shall submit to the Secretary 
a revised plan. Such plan shall include, but not be limited 
to--
          ``(1) Review of the implementation agenda for the 
        heritage area;
          ``(2) Projected capital costs; and
          ``(3) Plans for partnership initiatives and expansion 
        of community support.''.
    Page 10, line 15, strike ``shall,'' and insert in lieu 
thereof ``may,''.
    Page 10, line 19, strike ``, LOANS''.
    Page 10, line 22, strike ``loans and''.
    Page 11, strike lines 21 and 22 and insert the following:
    ``(a) In General.--There is authorized to be appropriated 
to carry out this Act $10,000,000, except that not more than 
$1,000,000 may be appropriated to carry out this Act for any 
fiscal year.
    ``(b) 50 Percent Match.--The Federal share of the cost of 
activities carried out using any assistance or grant under this 
Act shall not exceed 50 percent.''.
    Page 11, at end of bill, add the following:

``SEC. 9. SUNSET.

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

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 2247, as 
ordered reported.

                                
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