[House Report 108-642]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-642

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



 
                WESTERN RESERVE HERITAGE AREAS STUDY ACT

                                _______
                                

 September 7, 2004.--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. 3257]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3257) to authorize the Secretary of the Interior to 
conduct a study to determine the suitability and feasibility of 
establishing the Western Reserve 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.

  This Act may be cited as the ``Western Reserve Heritage Areas Study 
Act''.

SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN RESERVE, 
                    OHIO.

  (a) Findings.--The Congress finds the following:
          (1) The area that encompasses the modern-day counties of 
        Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, 
        Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in 
        Ohio with the rich history in what was once the Western 
        Reserve, has made a unique contribution to the cultural, 
        political and industrial development of the United States.
          (2) The Western Reserve is distinctive as the land settled by 
        the people of Connecticut after the Revolutionary War. The 
        Western Reserve holds a unique mark as the original wilderness 
        land of the West that many settlers migrated to in order to 
        begin life outside of the original 13 colonies.
          (3) The Western Reserve played a significant role in 
        providing land to the people of Connecticut whose property and 
        land was destroyed during the Revolution. These settlers were 
        descendants of the brave immigrants who came to the Americas in 
        the 17th century.
          (4) The Western Reserve offered a new destination for those 
        who moved west in search of land and prosperity. The 
        agricultural and industrial base that began in the Western 
        Reserve still lives strong in these prosperous and historical 
        counties.
          (5) The heritage of the Western Reserve remains transfixed in 
        the counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, 
        Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, 
        and Ashland in Ohio. The people of these counties are proud of 
        their heritage as shown through the unwavering attempts to 
        preserve agricultural land and the industrial foundation that 
        has been embedded in this region since the establishment of the 
        Western Reserve. Throughout these counties, historical sites, 
        and markers preserve the unique traditions and customs of its 
        original heritage.
          (6) The counties that encompass the Western Reserve continue 
        to maintain a strong connection to its historic past as seen 
        through its preservation of its local heritage, including 
        historic homes, buildings, and centers of public gatherings.
          (7) There is a need for assistance for the preservation and 
        promotion of the significance of the Western Reserve as the 
        natural, historic and cultural heritage of the counties of 
        Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, 
        Summit, Medina, Huron, Lorain, Erie, Ottawa and Ashland in 
        Ohio.
          (8) The Department of the Interior is responsible for 
        protecting the Nation's cultural and historical resources. 
        There are significant examples of such resources within these 
        counties and what was once The Western Reserve to merit the 
        involvement of the Federal Government in the development of 
        programs and projects, in cooperation with the State of Ohio 
        and other local governmental entities, to adequately conserve, 
        protect, and interpret this heritage for future generations, 
        while providing opportunities for education and revitalization.
  (b) Study.--
          (1) In general.--The Secretary shall, in consultation with 
        the State of Ohio, the counties of Trumbull, Mahoning, 
        Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, 
        Huron, Lorain, Erie, Ottawa, and Ashland, and other appropriate 
        organizations, carry out a study regarding the suitability and 
        feasibility of establishing the the Western Reserve Heritage 
        Area in these counties in Ohio.
          (2) Contents.--The study shall include analysis and 
        documentation regarding whether the Study Area--
                  (A) has an assemblage of natural, historic, and 
                cultural resources that together represent distinctive 
                aspects of American heritage worthy of recognition, 
                conservation, interpretation, and continuing use, and 
                are best managed through partnerships among public and 
                private entities and by combining diverse and sometimes 
                noncontiguous resources and active communities;
                  (B) reflects traditions, customs, beliefs, and 
                folklife that are a valuable part of the national 
                story;
                  (C) provides outstanding opportunities to conserve 
                natural, historic, cultural, or scenic features;
                  (D) provides outstanding recreational and educational 
                opportunities;
                  (E) contains resources important to the identified 
                theme or themes of the Study Area that retain a degree 
                of integrity capable of supporting interpretation;
                  (F) includes residents, business interests, nonprofit 
                organizations, and local and State governments that are 
                involved in the planning, have developed a conceptual 
                financial plan that outlines the roles for all 
                participants, including the Federal Government, and 
                have demonstrated support for the concept of a national 
                heritage area;
                  (G) has a potential management entity to work in 
                partnership with residents, business interests, 
                nonprofit organizations, and local and State 
                governments to develop a national heritage area 
                consistent with continued local and State economic 
                activity;
                  (H) has a conceptual boundary map that is supported 
                by the public; and
                  (I) has potential or actual impact on private 
                property located within or abutting the Study Area.
  (c) Boundaries of the Study Area.--The Study Area shall be comprised 
of the counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, 
Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and 
Ashland in Ohio.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3257 is to authorize the Secretary of 
the Interior to conduct a study to determine the suitability 
and feasibility of establishing the Western Reserve Heritage 
Area.

                  BACKGROUND AND NEED FOR LEGISLATION

    Under H.R. 3257, the proposed Western Reserve Heritage Area 
would encompass the modern-day counties of Trumbull, Mahoning, 
Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, 
Huron, Lorain, Erie, Ottawa, and Ashland in Ohio. The rich 
history in what was once the Western Reserve has made a unique 
contribution to the cultural, political and industrial 
development of the United States. In addition, the Reserve is 
distinctive as the land settled by the people of Connecticut 
after the Revolutionary War and holds a unique mark as the 
original wilderness land of the West that many settlers 
migrated to begin life outside the original 13 colonies.
    H.R. 3257 would direct the Secretary of the Interior to 
study the feasibility of establishing the Western Reserve 
Heritage Area, in consultation with the State of Ohio, the 
counties previously listed and appropriate organizations within 
the intended Western Reserve Heritage Area.

                            COMMITTEE ACTION

    H.R. 3257 was introduced on October 7, 2003, by Congressman 
Tim Ryan (D-OH). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation and Public Lands. On July 14, 2004, 
the Full Committee met to consider the bill. By unanimous 
consent, the Subcommittee on National Parks, Recreation and 
Public Lands was discharged from further consideration of the 
bill. An amendment in the nature of a substitute was offered by 
Chairman Richard Pombo (R-CA). Specifically, the amendment 
further required the study to be conducted by the Secretary of 
the Interior to analyze the potential or actual impact on 
private property located in or abutting the study area. 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. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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:

H.R. 3257--Western Reserve Heritage Areas Study Act

    H.R. 3257 would direct the Secretary of the Interior to 
conduct a study of certain counties in Ohio to determine their 
national significance as well as the feasibility and 
suitability of designating them collectively as the Western 
Reserve Heritage Area. The study would include an analysis of 
the natural, historic, and cultural resources of the study area 
and would determine whether they provide significant 
conservation and recreational opportunities.
    Based on information from the Department of the Interior, 
CBO estimates that completing the proposed study would cost 
$300,000 over the next few years, assuming the availability of 
appropriated funds. Enacting the bill would not affect direct 
spending or revenues.
    H.R. 3257 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 Megan Carroll. 
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 to existing 
law.

                                  
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