[House Report 107-123]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-123

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                 OIL REGION NATIONAL HERITAGE AREA ACT

                                _______
                                

 July 10, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 695]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 695) to establish the Oil Region National Heritage Area, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; DEFINITIONS.

  (a) Short Title.--This Act may be cited as the ``Oil Region National 
Heritage Area Act''.
  (b) Definitions.--For the purposes of this Act, the following 
definitions shall apply:
          (1) Heritage area.--The term ``Heritage Area'' means the Oil 
        Region National Heritage Area established in section 3(a).
          (2) Management entity.--The term ``management entity'' means 
        the Oil Heritage Region, Inc., or its successor entity.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 2. FINDINGS AND PURPOSE.

  (a) Findings.--The Congress finds the following:
          (1) The Oil Region of Northwestern Pennsylvania, with 
        numerous sites and districts listed on the National Register of 
        Historic Places, and designated by the Governor of Pennsylvania 
        as one of the State Heritage Park Areas, is a region with 
        tremendous physical and natural resources and possesses a story 
        of State, national, and international significance.
          (2) The single event of Colonel Edwin Drake's drilling of the 
        world's first successful oil well in 1859 has affected the 
        industrial, natural, social, and political structures of the 
        modern world.
          (3) Six national historic districts are located within the 
        State Heritage Park boundary, in Emlenton, Franklin, Oil City, 
        and Titusville, as well as 17 separate National Register sites.
          (4) The Allegheny River, which was designated as a component 
        of the national wild and scenic rivers system in 1992 by Public 
        Law 102-271, traverses the Oil Region and connects several of 
        its major sites, as do some of the river's tributaries such as 
        Oil Creek, French Creek, and Sandy Creek.
          (5) The unspoiled rural character of the Oil Region provides 
        many natural and recreational resources, scenic vistas, and 
        excellent water quality for people throughout the United States 
        to enjoy.
          (6) Remnants of the oil industry, visible on the landscape to 
        this day, provide a direct link to the past for visitors, as do 
        the historic valley settlements, riverbed settlements, plateau 
        developments, farmlands, and industrial landscapes.
          (7) The Oil Region also represents a cross section of 
        American history associated with Native Americans, frontier 
        settlements, the French and Indian War, African Americans and 
        the Underground Railroad, and immigration of Swedish and Polish 
        individuals, among others.
          (8) Involvement by the Federal Government shall serve to 
        enhance the efforts of the Commonwealth of Pennsylvania, local 
        subdivisions of the Commonwealth of Pennsylvania, volunteer 
        organizations, and private businesses, to promote the cultural, 
        national, and recreational resources of the region in order to 
        fulfill their full potential.
  (b) Purpose.--The purpose of this Act is to enhance a cooperative 
management framework to assist the Commonwealth of Pennsylvania, its 
units of local government, and area citizens in conserving, enhancing, 
and interpreting the significant features of the lands, water, and 
structures of the Oil Region, in a manner consistent with compatible 
economic development for the benefit and inspiration of present and 
future generations in the Commonwealth of Pennsylvania and the United 
States.

SEC. 3. OIL REGION NATIONAL HERITAGE AREA.

  (a) Establishment.--There is hereby established the Oil Region 
National Heritage Area.
  (b) Boundaries.--The boundaries of the Heritage Area shall include 
all of those lands depicted on a map entitled ``Oil Region National 
Heritage Area'', numbered OIRE/20,000 and dated October, 2000. The map 
shall be on file in the appropriate offices of the National Park 
Service. The Secretary of the Interior shall publish in the Federal 
Register, as soon as practical after the date of the enactment of this 
Act, a detailed description and map of the boundaries established under 
this subsection.
  (c) Management Entity.--The management entity for the Heritage Area 
shall be the Oil Heritage Region, Inc., the locally based private, 
nonprofit management corporation which shall oversee the development of 
a management plan in accordance with section 5(b).

SEC. 4. COMPACT.

  To carry out the purposes of this Act, the Secretary shall enter into 
a compact with the management entity. The compact shall include 
information relating to the objectives and management of the area, 
including 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 Secretary and management entity.

SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

  (a) Authorities of the Management Entity.--The management entity may 
use funds made available under this Act for purposes of preparing, 
updating, and implementing the management plan developed under 
subsection (b). Such purposes may include--
          (1) making grants to, and entering into cooperative 
        agreements with, States and their political subdivisions, 
        private organizations, or any other person;
          (2) hiring and compensating staff; and
          (3) undertaking initiatives that advance the purposes of the 
        Heritage Area.
  (b) Management Plan.--The management entity shall develop a 
management plan for the Heritage Area that--
          (1) presents comprehensive strategies and recommendations for 
        conservation, funding, management, and development of the 
        Heritage Area;
          (2) takes into consideration existing State, county, and 
        local plans and involves residents, public agencies, and 
        private organizations working in the Heritage Area;
          (3) includes a description of actions that units of 
        government and private organizations have agreed to take to 
        protect the resources of the Heritage Area;
          (4) specifies the existing and potential sources of funding 
        to protect, manage, and develop the Heritage Area;
          (5) includes an inventory of the resources contained in the 
        Heritage Area, including a list of any property in the Heritage 
        Area that is related to the themes of the Heritage Area and 
        that should be preserved, restored, managed, developed, or 
        maintained because of its natural, cultural, historic, 
        recreational, or scenic significance;
          (6) recommends policies for resource management which 
        consider and detail application of appropriate land and water 
        management techniques, including, but not limited to, the 
        development of intergovernmental and interagency cooperative 
        agreements to protect the Heritage Area's historical, cultural, 
        recreational, and natural resources in a manner consistent with 
        supporting appropriate and compatible economic viability;
          (7) describes a program for implementation of the management 
        plan by the management entity, including plans for restoration 
        and construction, and specific commitments for that 
        implementation that have been made by the management entity and 
        any other persons for the first 5 years of implementation;
          (8) includes an analysis of ways in which local, State, and 
        Federal programs, including the role for the National Park 
        Service in the Heritage Area, may best be coordinated to 
        promote the purposes of this Act;
          (9) lists any revisions to the boundaries of the Heritage 
        Area proposed by the management entity and requested by the 
        affected local government; and
          (10) includes an interpretation plan for the Heritage Area.
  (c) Deadline; Termination of Funding.--
          (1) Deadline.--The management entity shall submit the 
        management plan to the Secretary within 2 years after the funds 
        are made available for this Act.
          (2) Termination of funding.--If a management plan is not 
        submitted to the Secretary in accordance with this subsection, 
        the management entity shall not qualify for Federal assistance 
        under this Act.
  (d) Duties of Management Entity.--The management entity shall--
          (1) give priority to implementing actions set forth in the 
        compact and management plan;
          (2) assist units of government, regional planning 
        organizations, 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 natural, historical, and architectural 
                resources and sites in the Heritage Area;
                  (D) the restoration of any historic building relating 
                to the themes of the Heritage Area;
                  (E) ensuring that clear, consistent, and 
                environmentally appropriate signs identifying access 
                points and sites of interest are put in place 
                throughout the Heritage Area; and
                  (F) carrying out other actions that the management 
                entity determines to be advisable to fulfill the 
                purposes of this Act.
          (3) encourage by appropriate means economic viability in the 
        Heritage Area consistent with the goals of the management plan;
          (4) consider the interests of diverse governmental, business, 
        and nonprofit groups within the Heritage Area; and
          (5) for any year in which Federal funds have been provided to 
        implement the management plan under subsection (b)--
                  (A) conduct public meetings at least annually 
                regarding the implementation of the management plan;
                  (B) submit an annual report to the Secretary setting 
                forth accomplishments, expenses and income, and each 
                person to which any grant was made by the management 
                entity in the year for which the report is made; and
                  (C) require, for all agreements entered into by the 
                management entity authorizing expenditure of Federal 
                funds by any other person, that the person making the 
                expenditure make available to the management entity for 
                audit all records pertaining to the expenditure of such 
                funds.
  (e) Prohibition on the Acquisition of Real Property.--The management 
entity may not use Federal funds received under this Act to acquire 
real property or an interest in real property.

SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.

  (a) Technical and Financial Assistance.--
          (1) In general.--
                  (A) Overall assistance.--The Secretary may, upon the 
                request of the management entity, and subject to the 
                availability of appropriations, provide technical and 
                financial assistance to the management entity to carry 
                out its duties under this Act, including updating and 
                implementing a management plan that is submitted under 
                section 5(b) and approved by the Secretary and, prior 
                to such approval, providing assistance for initiatives.
                  (B) Other assistance.--If the Secretary has the 
                resources available to provide technical assistance to 
                the management entity to carry out its duties under 
                this Act (including updating and implementing a 
                management plan that is submitted under section 5(b) 
                and approved by the Secretary and, prior to such 
                approval, providing assistance for initiatives), upon 
                the request of the management entity the Secretary 
                shall provide such assistance on a reimbursable basis. 
                This subparagraph does not preclude the Secretary from 
                providing nonreimbursable assistance under subparagraph 
                (A).
          (2) Priority.--In assisting the management entity, the 
        Secretary shall give priority to actions that assist in the--
                  (A) implementation of the management plan;
                  (B) provision of educational assistance and advice 
                regarding land and water management techniques to 
                conserve the significant natural resources of the 
                region;
                  (C) development and application of techniques 
                promoting the preservation of cultural and historic 
                properties;
                  (D) preservation, restoration, and reuse of publicly 
                and privately owned historic buildings;
                  (E) design and fabrication of a wide range of 
                interpretive materials based on the management plan, 
                including guide brochures, visitor displays, audio-
                visual and interactive exhibits, and educational 
                curriculum materials for public education; and
                  (F) implementation of initiatives prior to approval 
                of the management plan.
          (3) Documentation of structures.--The Secretary, acting 
        through the Historic American Building Survey and the Historic 
        American Engineering Record, shall conduct studies necessary to 
        document the industrial, engineering, building, and 
        architectural history of the Heritage Area.
  (b) Approval and Disapproval of Management Plans.--The Secretary, in 
consultation with the Governor of Pennsylvania, shall approve or 
disapprove a management plan submitted under this Act not later than 90 
days after receiving such plan. In approving the plan, the Secretary 
shall take into consideration the following criteria:
          (1) The extent to which the management plan adequately 
        preserves and protects the natural, cultural, and historical 
        resources of the Heritage Area.
          (2) The level of public participation in the development of 
        the management plan.
          (3) The extent to which the board of directors of the 
        management entity is representative of the local government and 
        a wide range of interested organizations and citizens.
  (c) Action Following Disapproval.--If the Secretary disapproves a 
management plan, the Secretary shall advise the management entity in 
writing of the reasons for the disapproval and shall make 
recommendations for revisions in the management plan. The Secretary 
shall approve or disapprove a proposed revision within 90 days after 
the date it is submitted.
  (d) Approving Changes.--The Secretary shall review and approve 
amendments to the management plan under section 5(b) that make 
substantial changes. Funds appropriated under this Act may not be 
expended to implement such changes until the Secretary approves the 
amendments.
  (e) Effect of Inaction.--If the Secretary does not approve or 
disapprove a management plan, revision, or change within 90 days after 
it is submitted to the Secretary, then such management plan, revision, 
or change shall be deemed to have been approved by the Secretary.

SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES.

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

SEC. 8. SUNSET.

  The Secretary may not make any grant or provide any assistance under 
this Act after the expiration of the 15-year period beginning on the 
date of the enactment of this Act.

SEC. 9. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

  Nothing in this Act shall preclude the management entity from using 
Federal funds available under Acts other than this Act for the purposes 
for which those funds were authorized.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated to carry out 
this Act--
          (1) not more than $1,000,000 for any fiscal year; and
          (2) not more than a total of $10,000,000.
  (b) 50 Percent Match.--Financial assistance provided under this Act 
may not be used to pay more than 50 percent of the total cost of any 
activity carried out with that assistance.

                          PURPOSE OF THE BILL

    The purpose of H.R. 695 is to establish the Oil Region 
National Heritage Area.

                  BACKGROUND AND NEED FOR LEGISLATION

    During the late 1980s, local leaders in the town of 
Titusville, Pennsylvania, home of the first oil drilling site 
in North America, were looking for a way to attract more 
tourists to the region. The leaders decided to promote the 
area's oil heritage, and began to lobby the State of 
Pennsylvania for its designation as a State Heritage Area. In 
1994, Governor Robert P. Casey designated an area consisting of 
approximately 7,075 acres as the Oil Region Heritage Park. The 
Park is located in all of Venango County, and also includes the 
City of Titusville and Oil Creek Township in Crawford County's 
eastern corner.
    H.R. 695 would establish the Oil Region National Heritage 
Area in Venango County and in part of Crawford County, 
Pennsylvania. This area was originally created as a State 
Heritage Area to preserve the Oil Creek Gorge area, the heart 
of the early oil period where many oil boomtowns originated due 
to oil discoveries, and then diminished in size when oil 
production declined.
    Since its designation in 1994, the State Heritage Area has 
become a favorite getaway for many tourists, and many of the 
local economies have benefitted from the increase in revenue. 
Visitors are able to enjoy the region in a variety of ways 
including over 70 miles of hiking and interpretive trails which 
lead to areas of historic and scenic interest. Other activities 
include camping, canoeing, hunting, and fishing. Tourists may 
also stop by the area's visitor center in Petroleum Center, an 
old boomtown, where displays and programs on oil history are 
presented year round.
    In 1998 the non-profit corporation Oil Heritage Region, 
Inc. was established. The Oil Heritage Region, Inc.'s primary 
role is the planning and development of the park's 
infrastructure, including improvements which help promote 
tourism, recreation, and the development of cultural 
facilities. Past projects have included the development of a 
trails system for outdoor recreation, the design of an 
educational program about the region, and the promotion of new 
tourist attractions.
    The Oil Region National Heritage Area would enhance the 
cooperative framework to improve and interpret the significant 
resources in the Oil Region. The Oil Heritage Region, Inc. 
would remain the management entity of the Area and work with 
the Secretary of the Interior for the further development of 
the region. The management entity would be responsible for the 
development of a management plan and completing an inventory of 
the resources contained in the area. Appropriations for this 
bill are authorized at no more than $1 million per year and 
shall not be more than $10 million total. H.R. 695 also 
provides that federal financial assistance shall not be more 
than 50 percent of the total cost of any activity carried out 
with that assistance.
    During the 106th Congress, the Subcommittee on National 
Parks and Public Lands held a hearing on H.R. 3190, the 
predecessor to H.R. 695, which was opposed by the National Park 
Service because a feasibility and suitability study had not 
been conducted to determine whether such designation was 
appropriate. In the months following the hearing, a field study 
was conducted by the National Park Service, which concluded 
that establishment of the area as a national heritage area site 
was appropriate. In addition, H.R. 695 reflects a number of 
technical changes and modifications recommended by the 
Department of the Interior.

                            COMMITTEE ACTION

    H.R. 690 was introduced on February 14, 2001, by 
Congressman John Peterson (R-PA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Recreation, and Public Lands. 
On June 26, 2001, the Subcommittee met to mark up the bill. 
Subcommittee Chairman Joel Hefley (R-CO) offered an amendment 
in the nature of a substitute to add the map title and date to 
Section 3 of the bill. It was adopted by voice vote. The bill, 
as amended, was then forwarded to the Full Committee. On June 
27, 2001, the Full Resources Committee met to consider the 
bill. No further amendments were offered and the bill as 
amended was then ordered favorably reported to the House of 
Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

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

                   CONSTITUTIONAL AUTHORITY STATEMENT

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

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish the Oil Region National 
Heritage Area.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 3, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 695, the Oil 
Region National Heritage Area Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Melissa Zimmerman.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 695--Oil Region National Heritage Area Act

    H.R. 695 would establish the Oil Region National Heritage 
Area in Pennsylvania. The heritage area would be managed by the 
Oil Heritage Region, Inc., a nonprofit corporation. The bill 
would direct the Secretary of the Interior to enter into a 
cooperative agreement with the corporation under which the 
government would provide technical and financial assistance to 
prepare, update, and implement a management plan for the 
heritage area. The plan would include strategies for 
conservation, funding, development, and cooperation with state 
and local governments. The bill also would direct the Secretary 
to conduct studies to document the industrial, engineering, 
building, and architectural history of the heritage area. For 
these purposes, including implementing the plan and conducting 
historical studies, the bill would authorize the appropriation 
of $1 million for each fiscal year after enactment, up to a 
total of $10 million.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 695 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. H.R 695 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contacts for this estimate are Deborah Reis 
and Melissa Zimmerman. This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

                        CHANGES IN EXISTING LAW

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

                                  
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