[Senate Report 106-342]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 681
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-342

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



 
          LACKAWANNA VALLEY NATIONAL HERITAGE AREA ACT OF 1999

                                _______
                                

                 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 H.R. 940]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 940) to designate the Lackawanna Valley 
National Heritage Area, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and an amendment to the title and recommends that the 
Act, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

           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) Purpose.--The purpose 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.

    In this Act:
          (1) Heritage area.--The term ``Heritage Area'' means the 
        Lackawanna Valley National Heritage Area established by section 
        4.
          (2) Management entity.--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
                  (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 
                purpose 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 writingof 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

SECTION 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;
          (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 futuregenerations, 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.--Ther 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 bepreserved, 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 permitted 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
                  (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 
                daysafter 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 managment 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.

    2. Amend the title so as to read:

    To designate the Lackawanna Valley and the Schuylkill River 
National Heritage Areas, and for other purposes.

                         purpose of the measure

    The purpose of H.R. 940 is to establish the Lackawanna 
Valley National Heritage Area and the Schuylkill River Valley 
National Heritage Area in the Commonwealth of Pennsylvania and 
for other purposes.

                          background and need

    H.R. 940 establishes the Lackawanna Valley National 
Heritage Area in northeastern Pennsylvania, including the 
counties of Lackawanna, Luzerne, Wayne, and Susquehanna. The 
legislation designates the Lackawanna Heritage Valley Authority 
as the management entity responsible for developing and 
implementing a management plan for the Heritage Area.
    H.R. 940 also establishes the Schuylkill River Valley 
National Heritage Area, and designates the Schuylkill River 
Greenway Association as its management entity.
    National Heritage Areas are relatively new designations 
which provide for a voluntary, coordinated management structure 
among the Federal Government, State and local governmental 
entities and affected landowners, to assist in local 
preservation and interpretation efforts. National Heritage 
Areas are not units of the National Park System and other than 
providing technical and limited financial assistance to the 
heritage area, does not require the involvement of Park Service 
personnel or extensive Federal funding commitments. No Federal 
land acquisition is associated with the designation of an area 
as a National Heritage Area.
    The measure authorizes the Secretary of the Interior to 
provide technical and financial assistance to both heritage 
areas to develop and implement their management plans. The 
legislation authorizes the appropriation of $10 million for 
each heritage area, subject to a matching non-Federal 
contribution, and a $1 million limit for any one fiscal year.

                          legislative history

    H.R. 940 passed the House of Representatives on September 
13, 1999. The legislation contains provisions similar to S. 905 
and S. 1584, which would have individually established the 
Lackawanna Valley National Heritage Area, and the Schuylkill 
River Valley National Heritage Area, respectively.
    S. 905 was introduced by Senators Santorum and Specter on 
April 28, 1999. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on S. 905 on July 
29, 1999. At its business meeting on September 22, 1999, the 
Committee on Energy and Natural Resources ordered S. 905, 
favorably reported, as amended. S. 905 passed the Senate on 
November 19, 1999.
    S. 1584 was introduced by Senator Santorum on September 15, 
1999. 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 H.R. 940, 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 H.R. 940, if 
amended as described herein.

                          committee amendments

    During the consideration of H.R. 940, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
several technical and clarifying amendments and conforms the 
management authorities for the heritage areas to those approved 
by the Committee for other heritage areas. The amendment is 
explained in the section-by-section analysis, below.

                      section-by-section analysis

           TITLE I--LACKAWANNA VALLEY NATIONAL HERITAGE AREA

    Section 101 designates the title's short title as the 
``Lackawanna Valley National Heritage Area Act of 2000''.
    Section 102(a) contains congressional findings.
    Subsection (b) states that 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 local communities in the 4 counties in 
northeastern Pennsylvania in order to conserve local heritage 
and 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.
    Section 103 defines key terms used in the title.
    Section 104(a) establishes the Lackawanna Valley National 
Heritage Area.
    Subsection (b) designates the boundaries as all or part of 
Lackawanna, Luzerne, Wayne and Susquehanna countries in 
Pennsylvania.
    Subsection (c) designates the Lackawanna Heritage Valley 
authority as the management entity for the Lackawanna Valley 
Heritage Area.
    Section 105 directs the Secretary of the Interior to enter 
into a compact with the management entity. The compact is to 
address the objectives and management of the area including the 
delineation of the boundaries and the proposed conservation and 
interpretation measures to be taken by the partners.
    Section 106(a) authorizes the management entity to use 
funds made available under this title to hire and compensate 
staff.
    Subsection (b)(1) requires the management entity to develop 
a management plan that presents comprehensive recommendations 
for the conservation, funding, management, and development of 
the Heritage Area.
    Paragraph (2) requires the plan to: (1) take into 
consideration State, county, and local plans; (2) involve 
residents, public agencies, and private organizations working 
in the Heritage Area; and (3) include the actions to be 
undertaken by the partners for the protection of heritage area 
resources.
    Paragraph (3) requires that the plan must specify existing 
and potential funding sources.
    Paragraph (4) specifies that the plan must include: (1) an 
inventory of properties suitable for inclusion in the heritage 
area; (2) recommendations of resource management policies with 
specific mention of cooperative agreements consistent with 
compatible economic viability; (3) a program for implementation 
of the plan with specific mention of plans for restoration and 
construction and commitments from the partners for the first 5 
years of operation; (4) an analysis of ways programs may be 
coordinated; and (5) an interpretation plan.
    Paragraph (5) requires that within 3 years of the enactment 
of this title, the management plan is to be submitted to the 
Secretary for approval. If it is not submitted by the due date, 
no further grants or assistance may be provided until a plan is 
submitted.
    Subsection (c) spells out the duties of the management 
entity, which include: (1) implementing actions specified in 
the compact and management plan; (2) assisting the partners in 
establishing and maintaining interpretive exhibits, developing 
recreational resources, increasing public awareness and 
restoring historic buildings; (3) encouraging economic 
viability; (4) encouraging local governments to adopt and use 
policies consistent with the management plan; (5) assisting the 
partners to ensure that appropriate signs are placed throughout 
the area; (6) considering the diverse interests of the 
partners; (7) conducting public meetings at least on a 
quarterly basis (8) submitting substantial amendments to the 
management plan to the Secretary for approval; and (9) 
submitting annual reports to the Secretary outlining 
accomplishments, expenses and income, and making all records 
available for audit (this includes the records of organizations 
receiving funds from the entity).
    Subsection (d) prohibits funds authorized under this title 
from being used for the acquisition of real property or 
interests in real property. However, there is no prohibition 
against Federal funds obtained under other laws from being used 
for the purposes for which they were authorized.
    Section 107(a) provides that the Secretary may provide 
technical and financial assistance to the management entity to 
develop and implement the management plan.
    Subsection (b) requires the Secretary, in consultation with 
the Governor of Pennsylvania, to approve or disapprove the 
management plan within 90 days after its receipt by the 
Secretary. If disapproved, the reasons for the disapproval and 
recommended revisions are to be provided in writing to the 
management entity. If a revised plan is subsequently submitted, 
the Secretary has another 90 days to approve or disapprove of 
the plan.
    Subsection (c) requires that substantial amendments to the 
plan must be reviewed by the Secretary and that no funds may be 
spent to implement the amendments until they are approved by 
the Secretary.
    Section 108 terminates authority for Federal grants and 
assistance on September 30, 2012.
    Section 109 authorizes appropriations of $10 million, 
limited to $1 million per fiscal year. The Federal share of the 
cost of activities carried out using any assistance or grants 
under this title cannot exceed 50 percent of the total cost.

        TITLE II--SCHUYLKILL RIVER VALLEY NATIONAL HERITAGE AREA

    Section 101 designates the title's short title as the 
``Schuylkill River Valley National Heritage Area Act.''
    Section 102(a) contains congressional findings.
    Subsection (b) states that the purposes of this title are 
to: (1) foster a close working relationship with all levels of 
government, the private sector, and the local communities in 
the Schuylkill River Valley and enable the communities to 
conserve their heritage while continuing to pursue economic 
opportunities; and (2) conserve, interpret, and develop the 
historical, cultural, natural, and recreational resources 
related to the industrial and cultural heritage of the 
Schuylkill River Valley.
    Section 103 provides definitions for six key terms used in 
the title.
    Section 104(g) establishes the Schuylkill River Valley 
National Heritage Area.
    Subsection (b) states that the Heritage Area shall be 
comprised of the Schuylkill River watershed within the counties 
of the Schuylkill, Berks, Montgomery, Chester, and 
Philadelphia, Pennsylvania, as delineated by the Secretary.
    Subsection (c) designates the Schuylkill River Greenway 
Association as the management entity for the Heritage Area.
    Subsection (d) directs the Secretary of the Interior to 
enter into a cooperative agreement with the management entity. 
The agreement is to address the objectives and management of 
the area including descriptions of the approach to conservation 
and interpretation, a description of the management entity, and 
the role of the State.
    Section 105(a) requires the management entity to submit a 
management plan for the Heritage Area to the Secretary for 
approval.
    Subsection (b)(1) requires the plan to take into 
consideration State, county, and local plans.
    Paragraph (2) requires the plan to involve residents, 
public agencies, and private organizations working in the area.
    Paragraph (3) requires the plan to specify existing and 
potential sources of funding to protect, manage, and develop 
the area.
    Paragraph (4) requires the plan to include: (1) actions to 
be undertaken by units of the government and private 
organizations to protect the resources of the area; (2) an 
inventory of resources within the area, including any that are 
related to the themes of the area and that should be protected; 
(3) recommendations for resource management policies, including 
the development of cooperative agreements to protect resources 
in a manner consistent with appropriate and compatible economic 
viability; (4) a program for implementation of the plan by the 
management entity; (5) an analysis of the ways in which local, 
State, and Federal programs may best be coordinated; and (6) an 
interpretation plan for the area.
    Subsection (c) requires the management plan to be submitted 
to the Secretary within 3 years of the date of enactment of 
this title. If the plan is not submitted within 3 years, the 
Heritage Area will not be eligible to receive Federal funding 
under this title until such time as the Secretary receives the 
plan.
    Subsection (d) authorizes the management entity, in lieu of 
developing a new plan, to update and submit to the Secretary 
the Schuylkill Heritage Corridor Management Plan that was 
approved by the State in March, 1995.
    Section 106(a) authorizes the management entity to make 
grants, enter into cooperative agreements, and hire and 
compensate staff.
    Subsection (b) requires the management entity: (1) develop 
and submit the management plan under section 5; (2) to give 
priority to implementing actions set forth in the cooperative 
agreement and the management plan, including assisting 
governmental agencies and other organizations in preserving and 
interpreting the Heritage Area, encouraging economic viability 
consistent with the goals of the management plan, and 
encouraging local governments to adopt appropriate land use 
policies; (3) to consider the interests of governmental, 
business, and nonprofit groups within the area; (4) to conduct 
quarterly public meetings regarding implementation of the 
management plan; (5) to submit any substantial changes in the 
management plan to the Secretary for approval; and (6) to 
submit to the Secretary annual reports that describe the 
accomplishments, expenses, and income of the management entity, 
and make available for audit all records pertaining to the 
expenditures of Federal funds (including the records of 
organizations that receive funds from the management entity).
    Subsection (c) prohibits the management entity from using 
Federal funds received under this title to acquire real 
property or interest in real property.
    Subsection (d) authorizes the management entity to spend 
Federal funds directly on non-Federally owned property to 
further the purposes of this title, especially to assist in the 
treatment of districts, sites, buildings, structures, and 
objects listed or eligible for listing on the National Register 
of Historic Places.
    Section 107(a) authorizes the Secretary to provide 
technical and financial assistance to the Heritage Area.
    Subsection (b) requires the Secretary, in consultation with 
the Governor of Pennsylvania, to approve or disapprove the 
management plan within 90 days after its receipt by the 
Secretary. If disapproved, the reasons for disapproval, and 
recommended revisions are to be provided in writing to the 
management entity. If a revised plan is then submitted, the 
Secretary has another 90 days to approve or disapprove of the 
plan.
    Subsection (c) requires substantial amendments to the plan 
to be reviewed by the Secretary and provides that no funds may 
be spent to implement the amendments until approved by the 
Secretary.
    Section 108 requires the management entities of other 
heritage areas in the anthracite coal region of the State of 
Pennsylvania to cooperate in the management of the Schuylkill 
River Valley National Heritage Area, and authorizes them to use 
funds appropriated for the Heritage Area to carry out this 
section.
    Section 109 terminates the authority of the Secretary of 
the Interior to provide grants or assistance 15 years after the 
date this title is enacted.
    Section 210 authorizes the appropriation of $10 million, 
with a limit of $1 million per fiscal year. In addition, the 
Federal share of any project or activity cannot exceed 50 
percent of the total cost.

                   cost and budgetary considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 21, 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 H.R. 940, an act to 
designate the Lackawanna Valley National Heritage Area, and for 
other purposes.
    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), Marjorie Miller (for the state and 
local impact), and Jean Wooster (for private-sector impact).
            Sincerely,
                                           Steven Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 940--An act to designate the Lackawanna Valley National Heritage 
        Area, and for other purposes

    H.R. 940 would establish the Lackawanna Valley and the 
Schuylkill River National Heritage Areas in Pennsylvania. The 
act would direct the National Park Service (NPS) to execute 
agreements with two local associations that would serve as 
management entities for the new areas. The 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. Finally, the act 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 2001 through 
2010, for a total cost of $20 million. 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.
    H.R. 940 would impose new intergovernmental mandates on the 
Lackawanna Heritage Valley Authority, a public entity, and new 
private-sector mandates on the Schuylkill River Greenway 
Association, a private entity. The act would require those 
organizations to develop management plans for the heritage 
areas and to undertake certain activities to assist local 
governments and other organizations. Those requirements would 
be mandates as defined by the Unfunded Mandates Reform Act 
(UMRA).
    CBO estimates that the costs imposed by the new mandates 
would be far below the thresholds established by UMRA ($55 
million for intergovernmental mandates and $109 million for 
private-sector mandates in 2000, adjusted annually for 
inflation). Further, the legislation 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.
    On August 2, 1999, CBO prepared a cost estimate for H.R. 
940, the Lackawanna Valley National Heritage Area Act of 1999, 
as ordered reported by the House Committee on Resources on July 
21, 1999. The two versions of the legislation are very similar, 
and the costs are identical.
    The CBO staff contacts are Deborah Reis (for federal 
costs), Marjorie Miller (for the state and local impact), and 
Jean Wooster (for the private-section impact). This 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 H.R. 940. 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 request from the 
enactment H.R. 940, as ordered reported.

                        executive communications

    On July 29, 1999, and May 23, 2000, the Committee on Energy 
and Natural Resources requested legislative reports from the 
Department of the Interior and of the Office of Management and 
Budget setting forth executive views on S. 905 and S. 1584, 
respectively. H.R. 940, as amended, includes the text of both 
measures as title I and title II. These reports had not been 
received at the time the report on H.R 940 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 Denis P. Galvin, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before our committee today to present the views of the 
Department of the Interior on S. 905, a bill to establish the 
Lackawanna Valley American Heritage Area in northeastern 
Pennsylvania. The heritage area would be located along the 
Lackawanna River in the Pennsylvania counties of Lackawanna, 
Luzerne, Wayne, and Susquehanna.
    The Department supports enactment of this legislation, if 
amended in conformance with this testimony. The Administration, 
however, objects to the proposed loan authority because the 
bill fails to provide criteria or administrative guidelines or 
address the issue of possible liability.
    The bill would establish the Lackawanna Valley American 
Heritage Area (Heritage Area) and designate the Lackawanna 
Heritage Valley Authority (the Authority), an already existing 
state-enabled regional authority, as the management entity for 
the Heritage Area. It would require the Authority to enter into 
a compact with the Secretary of the Interior to establish the 
Heritage Area's boundaries and to outline the goals and 
objectives for the Heritage Area. Within three years of 
enactment of the bill the Authority would submit a management 
plan to the Secretary of the Interior for approval. The 
management plan would inventory the Heritage Area's resources, 
recommend policies for resource management and interpretation, 
and provide a program for plan implementation. If the 
management plan is not submitted to the Secretary within the 
specified time, funding would no longer be authorized. Federal 
funds provided under the Act would enable the Authority to make 
loans and grants and to enter into cooperative agreements with 
the Commonwealth of Pennsylvania and its political 
subdivisions, private organizations and persons for carrying 
out various activities outlined in the bill.
    The bill would also authorize not more than $1,000,000 for 
any fiscal year, a total of $10,000,000 to be appropriated to 
carry out its purpose, and would require a 50% match for each 
federal dollar. This bill also contains a sunset provision that 
would terminate authority for assistance after September 2012. 
Mr. Chairman, the funding levels and matching requirement 
proposed in this legislation are consistent with the levels 
established for the heritage areas in the Omnibus Parks and 
Public Lands Management Act of 1996.
    The Administration has some concerns regarding this 
legislation. We object to the authority in section 6(a)(1) of 
the bill for the management entity to make loans to various 
entities. No criteria or administrative guidelines are 
provided, and possible liability is not addressed. Further, 
such loans would be subject to the Federal Credit Reform Act of 
1990, which has management requirements that would be a 
tremendous burden for the management entity. As currently 
drafted, it is very unclear how the management entity would 
handle repayment of loans to the federal government if there 
are defaults. In effect, this bill would give a non-Federal 
entity authority to act as a Federal credit agency--a precedent 
with unforeseen implications. The Administration strongly 
recommends that the authority to make loans be dropped from the 
bill.
    In section 6(c)(9)(A)(iii) there is a requirement for the 
management entity to report on any loans and grants that have 
been made with federal funds. To conform with our previous 
concern regarding loan authority, loans should be dropped from 
this section of the bill as well.
    Section 7(a)(2)(A) authorizes the Secretary of the Interior 
to expend federal funds on non-federally owned property to 
further the purposes of the Act. Section 7(a)(2)(B) directs 
that the Historic American Building Survey (HABS) and the 
Historic American Engineering Record (HAER) shall conduct 
studies necessary to document the industrial, engineering, 
building, and architectural history of the region. We oppose 
these sections. We feel that the federal funds authorized under 
section 9 of this bill to go to the heritage area's management 
entity are for implementation of their plan so as to address 
these very issues. Any additional funds from the Secretary 
would most likely come from our construction fund or the 
Historic Preservation Fund, neither of which were intended to 
fund heritage areas nor are appropriations sufficient to cover 
the activities of heritage areas. Money for any studies to be 
performed by HABS/HAER should come from a specific heritage 
area's funding as part of its planning process.
    Finally, we recommend changing the name of the heritage 
area. Over the past several years Congress has established a 
number of new heritage areas around the country. To be 
consistent with previous designations we recommend that it be 
named the Lackawanna Valley National Heritage Area and that 
sections 1, 2, 3 and 4 of the bill be amended to reflect this 
recommendation.
    Like other heritage areas established by Congress, this 
legislation would provide national designation to a place where 
natural, cultural, historic, and scenic resources combine to 
form a cohesive, nationally distinctive landscape arising from 
patterns of human activity shaped by geography. At the center 
of the world's most productive anthracite field, the Lackawanna 
Valley fueled the spectacular growth of American cities and 
industry for almost one hundred and fifty years. In the 
process, the landscape and culture of the valley was 
transformed.
    In the Lackawanna Valley the extraction, processing and 
delivery of coal were combined with the development of a very 
diverse, integrated industrial complex in an urban setting. 
Today, a mix of nationally, regionally and locally significant 
sites, reflecting both industry and the community remain to 
illustrate an important chapter in United States history. This 
legislation would further assist in identifying and conserving 
these diverse resources without adversely impacting the 
economic growth and stability of the region.
    Congressional appropriations have directed the National 
Park Service to provide funding and technical assistance to the 
Lackawanna Heritage Valley for almost ten years. The National 
Park Service played a crucial role in the development of an 
original action plan for the Lackawanna Heritage Valley that 
included a statement of national significance for the area. It 
was that document, approved by the Governor of Pennsylvania, 
which enabled the area to receive designation as a State 
Heritage Park in 1991. The Lackawanna Heritage Valley was one 
of the first areas authorized in the Pennsylvania system that 
now includes ten state heritage areas.
    In 1997 the Commonwealth of Pennsylvania's Bureau of 
Historic Preservation undertook a study of significance 
entitled ``Anthracite Coal in Pennsylvania: An Industry and a 
Region.'' The study found that ``from the perspective of 
economic, industrial, business, social, ethnic, and labor 
history the anthracite region and the anthracite industry are 
clearly of national significance.''
    Establishment of the Lackawanna Valley as a national 
heritage area would provide important resources for the ongoing 
conservation and interpretation of the natural, cultural, 
historic and recreational resources of this nationally 
significant region. Continued use of heritage areas by people 
whose traditions helped to shape the landscape enhances their 
significance. Federal recognition would encourage the 
continuation of local interest and pride in their culture and 
resources.
    The Authority has already demonstrated that it uses its 
money well. It is particularly encouraging that as a heritage 
area it is getting better and stronger. The Authority is 
accomplishing its purpose as a management entity by focusing 
public and private energy and resources on the protection and 
interpretation of the region's distinctive characteristics and 
resources. The National Park Service has been a visible and 
effective partner, but has played a modest overall role. The 
Authority is the convener that has been effective in unifying a 
variety of diverse interests around a common agenda. The 
Authority has had many projects that have successfully 
leveraged and focused nonfederal as well as federal funds from 
agencies other than the National Park Service.
    To be successful a heritage area must have broad-based 
community support to take on the projects outlined in its 
management plan. There must also be a desire and ability to 
fund such projects. The Lackawanna Heritage Valley Authority 
appears to have broad community support, and the ability to 
fund projects. It has been working to successfully implement 
its original action plan and continues yearly to outline an 
aggressive agenda to work towards achieving goals focused on 
cultural, historic and environmental conservation, economic 
development, intergovernmental cooperation, and stewardship of 
the Lackawanna Valley's resources.
    Mr. Chairman, we support this legislation with the key 
modifications previously discussed. It provides financial and 
technical assistance to an area of overriding significance in 
our nation's history. The work that has been accomplished to 
date and the relationships already established, have given the 
local community the ability to demonstrate that it values its 
resources and is willing to work effectively in partnership 
with federal, state and local governments to preserve them.
    Thank you for the opportunity to testify before you today. 
This concludes my prepared remarks.
                                ------                                


   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 present the 
views of the Department of the Interior on S. 1584, to 
establish the Schuylkill River Valley National Heritage Area in 
the State of Pennsylvania. The heritage area would be located 
along the Schuylkill River in the southeastern counties of 
Schuylkill, Berks, Montgomery, Chester, and Philadelphia, with 
boundaries delineated by the Secretary of the Interior.
    The Department supports this legislation, if amended as 
recommended by this testimony, especially with respect to the 
bill's loan authority.
    S. 1584 would establish the Schuylkill River Valley 
National Heritage Area, providing the formal legislative 
charter for a national heritage area that has been a state 
heritage corridor since 1995. The bill names the Schuylkill 
River Greenway Association as the management entity for the 
heritage area, and provides for the Secretary of the Interior 
and the management entity to carry out the provisions of the 
bill through use of a cooperative agreement.
    S. 1584 requires the management entity to develop and 
submit a management plan to the Secretary within three years 
after the date of enactment, allowing the use of an updated 
version of the 1995 Schuylkill River Heritage Corridor 
Management Action Plan in lieu of an original plan. If the plan 
is not submitted within three years, the heritage area would 
lose eligibility for Federal funding until the plan is 
received.
    The bill also provides authority for the management entity 
to make loans and grants and to pay staff. And, it authorizes 
total appropriations of $10,000,000, of which not more than 
$1,000,000 may be appropriated for any fiscal year, and 
requires a 50 percent non-Federal match. The bill also provides 
that the Secretary's authority to provide assistance to the 
heritage area terminate 15 years after the date of enactment. 
These limits are consistent with other legislation to establish 
national heritage areas that Congress has passed in recent 
years.
    The Schuylkill River Valley is rich in natural and cultural 
resources that reflect our nation's history and the region's 
industrial and agricultural heritage. The area played a role in 
the American Revolution, and was the center of early charcoal 
iron industries that helped foster Pennsylvania's strong iron 
industry. It was also the location of early transportation 
systems, including the Schuylkill Canal and the Reading 
Railroad. The region has exhibited a longstanding commitment to 
reversing environmental degradation to the river and completing 
recreational programs and projects that encourage appreciation 
of the natural resources of the Schuylkill River Valley.
    Heritage areas are places where natural, cultural, 
historic, and recreational resources combine to form a 
nationally distinctive landscape arising from patterns of human 
activity shaped by geography. Heritage conservation efforts are 
grounded in a community's pride in its history and traditions, 
and its interest in seeing them retained. The areas are 
designed to protect large, regional landscapes and resources 
that tell the story of its residents. They are best managed by 
entities with broad community representation and the ability to 
foster partnerships throughout the region. The Schuylkill River 
Valley has the characteristics necessary to be established as a 
national heritage area and the potential to meet the 
expectations of the National Park Service's national heritage 
area program.
    The National Park Service testified before the House 
Subcommittee on National Parks and Public Lands last year on 
H.R. 2532, a bill that would provide a process for establishing 
national heritage areas. In our testimony, we outlined four 
critical steps that we believe need to be completed before 
Congress establishes a national heritage area.
    Those steps are:
          (1) completion of a suitability/feasibility study;
          (2) public involvement in the suitability/feasibility 
        study;
          (3) demonstration of widespread public support among 
        heritage area residents for the proposed designation; 
        and
          (4) commitment to the proposal from the appropriate 
        players which may include governments, industry, and 
        private, non-profit organizations, in addition to the 
        local citizenry.
    In the case of the proposed Schuylkill River Valley 
National Heritage Area, we believe the general intent and the 
spirit of those steps have been fulfilled through the work that 
was done by the State of Pennsylvania and other entities, 
including the National Park Service, to lay the groundwork for 
state designation of the Schuylkill River Heritage Corridor in 
1995. That work included a feasibility study for the heritage 
corridor that was issued in 1992. The work that has been done 
by the Schuylkill River Greenway Association and others in 
recent years has served to confirm our view that this area is 
well-suited to be established as a national heritage area.
    While we support enacting legislation to establish the 
Schuylkill River Valley National Heritage Area, we recommend 
several changes to S. 1584 as introduced. These proposed 
amendments are attached to this testimony.
    First, we object to the authority in section 6(a)(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.
    Section 6(b)(6) contains a reporting requirement for loans 
and grants made by the management entity. In conjunction with 
removing authority for making loans, we recommend that the 
reporting requirement for loans be dropped as well.
    Second, we recommend amending section 7(b), which 
establishes the process for approval of the management plans, 
to require the Secretary to consider whether the composition of 
the management entity--the Schuylkill River Greenway 
Association--and the management plan adequately reflect diverse 
interests of the region. While we recognize that the 
Association has been responsible for much of the progress made 
to date in the conservation of resources in the Schuylkill 
River Valley, we think that in order to make this heritage area 
a truly successful undertaking, it should be grounded in the 
broadest community support possible. Including local elected 
officials, the State, business and industry groups, 
organizations interested in the protection of natural and 
cultural resources, and other community organizations and 
individual stakeholders in the management entity will help 
ensure that all of the diverse interests in the region are 
fully considered during the planning process.
    In addition, in section 7(c)(1), we recommend that the 
Secretary be required to approve substantial amendments to the 
management plan, not just review them, as the bill currently 
provides.
    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. 1584, schuylkill national heritage area proposed by 
                       the national park service


    Page 8, line 22, strike ``loans and''.
    Page 11, line 6, strike ``loan or''.
    Page 13, after line 13, insert the following:
    ``(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 
interests of the region, including those of--
          ``(i) local elected officials,
          ``(ii) the State,
           ``(iii) business and industry groups,
          ``(iv) organizations interested in the protection of 
        natural and cultural resources, and
          ``(v) other community organizations and individual 
        stakeholders.''
    Page 13, line 14, renumber ``(2)'' as ``(3)''.
    Page 14, line 4, insert ``and approve'' following 
``review''.

                        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 H.R. 940, as ordered 
reported.

                                
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