[House Report 108-366]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-366

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



 
                 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.

                                
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