[House Report 108-366]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-366
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OIL REGION NATIONAL HERITAGE AREA ACT
_______
November 17, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 1862]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1862) 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) 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;
(7) lists any revisions to the boundaries of the Heritage
Area proposed by the management entity and requested by the
affected local government; and
(8) 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 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 that funds are first made available for this Act.
SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
SEC. 10. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall be
construed to--
(1) require any private property owner to allow public access
(including Federal, State, or local government access) to such
private property; or
(2) modify any provision of Federal, State, or local law with
regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
Act shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this Act may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.
SEC. 11. 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. 12. 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. 1862 is to establish the Oil Region
National Heritage Area in Northwestern Pennsylvania.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1862 would establish the Oil Region National Heritage
Area in Venango County and in part of Crawford Counties of
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. 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. 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.
H.R. 1862 establishes the Oil Region National Heritage Area
in order to 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 as no more than
$1,000,000 per year and shall not be more than $10,000,000
total. H.R. 1862 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.
COMMITTEE ACTION
H.R. 1862 was introduced on April 29, 2003, 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 September 16,
2003, the Subcommittee held a hearing on the bill. On October
21, 2003, the Subcommittee met to mark up the bill. Congressman
George Radanovich (R-CA) offered an amendment in the nature of
a substitute that required that private landowners whose
property is located within the boundary of the heritage area
have their property excluded from within the boundary upon
written request to the management entity. The amendment also
required that the owner of any private property located within
the boundary of the heritage area be contacted in writing and
provided written consent for such inclusion if his property is
to be governed by the management plan for the heritage area.
The amendment was agreed to by unanimous consent. The bill, as
amended, was then forwarded to the Full Resources Committee by
unanimous consent. On October 29, 2003, the Full Resources
Committee met to consider the bill. Mr. Radanovich offered an
amendment in the nature of a substitute to further refine the
private property rights protections in the bill. The amendment
was agreed to by unanimous consent. The bill, as amended, was
then ordered favorably reported to the House of Representatives
by unanimous consent.
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, and article IV, section 3, of the
Constitution of the United States grant 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 in Northwestern Pennsylvania.
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, November 10, 2003.
Hon. Richard W. Pombo,
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. 1862, 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 contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 1862--Oil Region National Heritage Area Act
H.R. 1862 would establish the Oil Region National Heritage
Area (NHA) in northwestern Pennsylvania. The bill would
designate the Oil Heritage Region, Inc., as the management
entity for the proposed NHA. Under the bill, the nonprofit
corporation would develop a management plan to identify
strategies for preserving, funding, managing, and developing
the proposed NHA. The Department of the Interior would provide
technical and financial assistance to the corporation and would
conduct historical research. For these purposes, the bill would
authorize the appropriation of $10 million, not to exceed $1
million annually.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 1862 would cost $10 million
over the next 10 to 15 years. Such amounts would be used to
cover a portion of the costs of establishing, operating, and
interpreting the heritage area. Enacting H.R. 1862 would have
no effect on revenues or direct spending.
H.R. 1862 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 contact for this estimate is Deborah Reis.
The 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.