[Senate Report 110-175]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 373
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-175

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



 
   NATIONAL HERITAGE AREAS AND NATIONAL HERITAGE CORRIDORS TECHNICAL 
                        CORRECTIONS ACT OF 2007

                                _______
                                

               September 17, 2007.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 817]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 817) to amend the Omnibus Parks and 
Public Lands Management Act of 1996 to provide additional 
authorizations for certain National Heritage Areas, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill, as 
amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Heritage Areas and National 
Heritage Corridors Technical Corrections Act of 2007''.

SEC. 2. BOUNDARIES OF THE RIVERS OF STEEL NATIONAL HERITAGE AREA.

  Section 403(b) of the Steel Industry American Heritage Area Act of 
1996 (16 U.S.C. 461 note; Public Law 104-333) is amended by inserting 
``Butler,'' before ``Fayette''.

SEC. 3. OHIO & ERIE NATIONAL HERITAGE CANALWAY TECHNICAL CORRECTIONS.

  The Ohio & Erie Canal National Heritage Corridor Act of 1996 (16 
U.S.C. 461 note; Public Law 104-333) is amended--
          (1) by striking ``Canal National Heritage Corridor'' each 
        place it appears and inserting ``National Heritage Canalway'';
          (2) by striking ``the corridor'' each place it appears and 
        inserting ``the Canalway'';
          (3) in section 803--
                  (A) in paragraph (1), by striking ``The term 
                `corridor''' and inserting ``The term `Canalway''';
                  (B) by striking paragraph (2);
                  (C) by redesignating paragraphs (3), (4), (5), (6), 
                and (7) as paragraphs (2), (3), (4), (5), and (6), 
                respectively;
                  (D) in paragraph (2) (as redesignated by subparagraph 
                (C)), by striking ``808'' and inserting ``806''; and
                  (E) in paragraph (6) (as redesignated by subparagraph 
                (C)), by striking ``807(a)'' and inserting ``805(a)'';
          (4) in section 804--
                  (A) in the second sentence of subsection (b)(1), by 
                striking ``808'' and inserting ``806''; and
                  (B) in subsection (c), by striking ``The corridor'' 
                and inserting ``The Canalway'';
          (5) by striking sections 805 and 806;
          (6) by redesignating sections 807, 808, 809, 810, 811, and 
        812 as sections 805, 806, 807, 808, 809, and 810, respectively;
          (7) in section 805(c)(2) (as redesignated by paragraph (6)), 
        by striking ``808'' and inserting ``806'';
          (8) in section 806 (as redesignated by paragraph (6))--
                  (A) in subsection (a)(1)--
                          (i) in the heading, by striking ``Committee'' 
                        and inserting ``Secretary''; and
                          (ii) by striking ``Committee'' and inserting 
                        ``Secretary'';
                  (B) in subsection (a)(3)--
                          (i) in subparagraph (A), by striking ``from 
                        the Committee.'' and inserting a comma; and
                          (ii) in the first sentence of subparagraph 
                        (B), by striking ``Committee'' and inserting 
                        ``management entity'';
                  (C) in subsection (e), by striking ``807(d)(1)'' and 
                inserting ``805(d)(1)''; and
                  (D) in subsection (f), by striking ``807(d)(1)'' and 
                inserting ``805(d)(1)'';
          (9) in section 807(c) (as redesignated by paragraph (6)), by 
        striking ``Cuyahoga Valley National Recreation Area'' and 
        inserting ``Cuyahoga Valley National Park'';
          (10) in section 808 (as redesignated by paragraph (6))--
                  (A) in subsection (b), by striking ``Committee or''; 
                and
                  (B) in subsection (c), in the matter before paragraph 
                (1), by striking ``Committee'' and inserting 
                ``management entity''; and
          (11) in section 809 (as redesignated by paragraph (6)), by 
        inserting ``financial'' before ``assistance''.

SEC. 4. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR LOCAL 
                    COORDINATING ENTITY.

  The Delaware and Lehigh National Heritage Corridor Act of 1988 (16 
U.S.C. 461 note; Public Law 100-692) is amended--
          (1) in section 9--
                  (A) by striking ``The Commission'' and inserting the 
                following:
  ``(a) In General.--The Commission''; and
                  (B) by adding at the end the following:
  ``(b) Corporation as Local Coordinating Entity.--Beginning on the 
date of enactment of the National Heritage Areas and National Heritage 
Corridors Technical Corrections Act of 2007, the Corporation shall be 
the local coordinating entity for the Corridor.
  ``(c) Implementation of Management Plan.--The Corporation shall 
assume the duties of the Commission for the implementation of the Plan.
  ``(d) Use of Funds.--The Corporation may use Federal funds made 
available under this Act--
          ``(1) to make grants to, and enter into cooperative 
        agreements with, the Federal Government, the Commonwealth, 
        political subdivisions of the Commonwealth, nonprofit 
        organizations, and individuals;
          ``(2) to hire, train, and compensate staff; and
          ``(3) to enter into contracts for goods and services.
  ``(e) Restriction on Use of Funds.--The Corporation may not use 
Federal funds made available under this Act to acquire land or an 
interest in land.'';
          (2) in section 10--
                  (A) in the first sentence of subsection (c), by 
                striking ``shall assist the Commission'' and inserting 
                ``shall, on the request of the Corporation, assist'';
                  (B) in subsection (d)--
                          (i) by striking ``Commission'' each place it 
                        appears and inserting ``Corporation'';
                          (ii) by striking ``The Secretary'' and 
                        inserting the following:
          ``(1) In general.--The Secretary''; and
                          (iii) by adding at the end the following:
          ``(2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with the Corporation and other public or 
        private entities for the purpose of providing technical 
        assistance and grants under paragraph (1).
          ``(3) Priority.--In providing assistance to the Corporation 
        under paragraph (1), the Secretary shall give priority to 
        activities that assist in--
                  ``(A) conserving the significant natural, historic, 
                cultural, and scenic resources of the Corridor; and
                  ``(B) providing educational, interpretive, and 
                recreational opportunities consistent with the purposes 
                of the Corridor.''; and
                  (C) by adding at the end the following:
  ``(e) Transition Memorandum of Understanding.--The Secretary shall 
enter into a memorandum of understanding with the Corporation to 
ensure--
          ``(1) appropriate transition of management of the Corridor 
        from the Commission to the Corporation; and
          ``(2) coordination regarding the implementation of the 
        Plan.'';
          (3) in section 11, in the matter preceding paragraph (1), by 
        striking ``directly affecting'';
          (4) in section 12--
                  (A) in subsection (a), by striking ``Commission'' 
                each place it appears and inserting ``Corporation'';
                  (B) in subsection (c)(1), by striking ``2007'' and 
                inserting ``2012''; and
                  (C) by adding at the end the following:
  ``(d) Termination of Assistance.--The authority of the Secretary to 
provide financial assistance under this Act terminates on the date that 
is 5 years after the date of enactment of this subsection.''; and
          (5) in section 14--
                  (A) by redesignating paragraphs (4), (5), and (6) as 
                paragraphs (5), (6), and (7), respectively; and
                  (B) by inserting after paragraph (3) the following:
          ``(4) the term `Corporation' means the Delaware & Lehigh 
        National Heritage Corridor, Incorporated, an organization 
        described in section 501(c)(3), and exempt from Federal tax 
        under section 501(a), of the Internal Revenue Code of 1986;''.

SEC. 5. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN NATIONAL 
                    HERITAGE AREAS AND NATIONAL HERITAGE CORRIDORS.

  (a) Authorization of Appropriations.--Division II of the Omnibus 
Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 
Stat. 4243) is amended in sections 409(a), 508(a), 608(a), and 810(a) 
(as redesignated by section (3)(a)(5)), by striking ``$10,000,000'' 
each place it appears and inserting ``$15,000,000''.
  (b) Evaluations.--
          (1) In general.--Not later than 3 years before the date on 
        which authority for Federal funding terminates for each of the 
        Ohio & Erie Canal National Heritage Corridor, the Rivers Of 
        Steel National Heritage Area, the Essex National Heritage Area, 
        and the South Carolina National Heritage Corridor, the 
        Secretary of the Interior shall conduct an evaluation of, and 
        prepare a report on, the accomplishments of the applicable 
        national heritage area.
          (2) Components.--An evaluation prepared under paragraph (1) 
        shall--
                  (A) assess the progress of the management entity with 
                respect to--
                          (i) accomplishing the purposes of the 
                        authorizing legislation for the national 
                        heritage area; and
                          (ii) achieving the goals and objectives of 
                        the approved management plan or heritage plan 
                        for the national heritage area;
                  (B) analyze the Federal, State, local, and private 
                investments in the national heritage area to determine 
                the leverage and impact of the investments; and
                  (C) review the management structure, partnership 
                relationships, and funding of the national heritage 
                area for purposes of identifying the critical 
                components for the sustainability of the national 
                heritage area.
          (3) Recommendations.--
                  (A) In general.--Based on the evaluation conducted 
                under paragraph (1), the Secretary shall include in the 
                report recommendations for what role, if any, the 
                National Park Service should have with respect to the 
                national heritage area.
                  (B) Required analysis.--If the Secretary recommends 
                in the report that Federal funding for national 
                heritage area be reauthorized, the report shall include 
                an analysis of--
                          (i) ways in which Federal funding for the 
                        national heritage area may be reduced or 
                        eliminated; and
                          (ii) the appropriate time period necessary to 
                        achieve the recommended reduction or 
                        elimination.
          (4) Submission to congress.--On completion of a report under 
        this subsection, the Secretary of the Interior shall submit the 
        report to--
                  (A) the Committee on Energy and Natural Resources of 
                the Senate; and
                  (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 6. NATIONAL COAL HERITAGE AREA TECHNICAL CORRECTIONS.

  (a) In General.--The National Coal Heritage Area Act of 1996 (16 
U.S.C. 461 note; Public Law 104-333) is amended--
          (1) in section 103(b)--
                  (A) by striking ``shall be shall be comprised'' and 
                inserting ``shall be comprised''; and
                  (B) by striking ``counties; and'' and inserting 
                ``counties'';
          (2) in section 105--
                  (A) in the first sentence--
                          (i) by striking ``The resources'' and 
                        inserting the following:
  ``(a) In General.--The resources'';
                          (ii) by striking ``paragraph (2) of''; and
                          (iii) by striking ``include those set forth 
                        in'' and inserting ``include--
          ``(1) resources in Lincoln County, West Virginia, and Paint 
        Creek and Cabin Creek in Kanawha County, West Virginia, as 
        determined to be appropriate by the National Coal Heritage Area 
        Authority; and
          ``(2) resources described in''; and
                  (B) in the second sentence, by striking ``Priority 
                consideration'' and inserting the following:
  ``(b) Priority.--Priority consideration''; and
          (3) in section 106--
                  (A) in subsection (a)--
                          (i) in the matter preceding paragraph (1), by 
                        striking ``Governor'' and all that follows 
                        through ``Parks,'' and inserting ``National 
                        Coal Heritage Area Authority''; and
                          (ii) in paragraph (3), by striking ``State of 
                        West Virginia'' and all that follows through 
                        ``entities, or'' and inserting ``National Coal 
                        Heritage Area Authority or the''; and
                  (B) in subsection (b), by inserting ``not'' before 
                ``meet''.
  (b) Continuation of Agreement.--The contractual agreement entered 
into under section 104 of the National Coal Heritage Area Act of 1996 
(16 U.S.C. 461 note; Public Law 104-333), as in effect on the day 
before the date of enactment of this Act, shall continue to be in 
effect, except that the contractual agreement shall be between the 
Secretary of the Interior and the National Coal Heritage Area Authority 
rather than the Secretary of the Interior and the Governor of West 
Virginia.

                                Purpose

    The purpose of S. 817 is to increase the appropriation 
ceiling for four national heritage areas: the Ohio & Erie Canal 
National Heritage Corridor; the Rivers of Steel National 
Heritage Area; the Essex National Heritage Area; and the South 
Carolina National Heritage Corridor; and to extend the 
authorization of the Delaware and Lehigh National Heritage 
Corridor, and to designate a new management entity for the 
corridor.

                          Background and Need

    The Omnibus Parks and Public Lands Act of 1996 (Public Law 
104-333) created nine new heritage areas, authorized $10 
million in appropriations for each area, and set a sunset date 
of September 30, 2012 for their eligibility for Federal grants 
and assistance. Four of these heritage areas are the subject of 
this bill and are described below.

                 RIVERS OF STEEL NATIONAL HERITAGE AREA

    The Rivers of Steel National Heritage Area (originally 
designated as the Steel Industry American Heritage Area), 
includes seven counties in southwestern Pennsylvania, an area 
shaped by the global importance of the U.S. steel industry. 
Within the 5,065-square-mile heritage area, one can find old 
mills and communities founded by mill workers, many of which 
are linked by hiking trails or riverboat tours. The management 
entity is the Steel Industry Heritage Corporation, a non-profit 
organization.

                      ESSEX NATIONAL HERITAGE AREA

    The historic seaports, New England town commons, and 
industrial mills of Essex County, Massachusetts, showcase 
colonial settlement, the development of the shoe and textile 
industries, and the growth and decline of several northeastern 
maritime industries. The 501-square-mile Essex National 
Heritage Area is managed by the non-profit Essex National 
Heritage Commission.

               SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR

    The South Carolina National Heritage Corridor begins in the 
Up Country, or mountainous southwestern corner of the State, 
follows the State line through historic courthouse towns and 
military sites on the piedmont, and eventually tracks the 
Edisto River and the South Carolina Railroad to the Low 
Country, a coastal plain rich with old plantations and African 
American culture. The South Carolina National Heritage Corridor 
covers 9,336 square miles in 14 counties and is managed by the 
Heritage Tourism Development Office of the South Carolina 
Department of Park Recreation and Tourism.

             OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR

    The Ohio and Erie Canal, completed in 1832, linked the 
Great Lakes with the Mississippi River and the west through the 
Ohio River. The canal originally ran from Portsmouth on the 
Ohio River to Cleveland and Lake Erie. The Ohio and Erie Canal 
Association, in partnership with the Ohio Canal Commission and 
the Ohio and Erie Canal Corridor Coalition, manage the Ohio and 
Erie Canal National Heritage Corridor. The heritage area covers 
2,015 square miles along the canal route from Cleveland south 
to Zoar, Ohio.
    All four areas are now nearing their existing appropriation 
ceiling. S. 817 increases the ceiling for each area from $10 
million to $15 million, while adding a new requirement that 
each area be evaluated prior to the sunset date for federal 
funding in 2012 to assess its progress in meeting the goals of 
the authorizing legislation and the area's management plan.
    S. 817 also extends the authorization for the Delaware & 
Lehigh National Heritage Corridor in Pennsylvania and 
designates the participating non-profit organization as the new 
management entity, similar to changes made for the Illinois & 
Michigan Canal National Heritage Corridor in the 109th 
Congress.

                          Legislative History

    S. 817 was introduced by Senators Voinovich, Brown, 
Kennedy, Kerry, Specter, Casey, and Graham on March 8, 2007. 
The Subcommittee on National Parks held a hearing on S. 817 on 
March 20, 2007 (S. Hrg. 110-73).
    At its business meeting on July 25, 2007, the Committee on 
Energy and Natural Resources ordered S. 817 favorably reported 
with an amendment in the nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass S. 817, if amended as 
described herein.

                          Committee Amendment

    During its consideration of S. 817, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
technical and conforming amendments and adds a new section 
making technical corrections to the authorizing legislation for 
the National Coal Heritage Area. The amendment is explained in 
detail in the section below.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``National Heritage 
Areas and National Heritage Corridors Technical Corrections Act 
of 2007.''
    Section 2 amends the authorizing legislation for the Rivers 
of Steel National Heritage Area in Pennsylvania to include 
Butler County within the heritage area.
    Section 3 amends the authorizing legislation for the Ohio 
and Erie Canal National Heritage Corridor in Ohio to make 
several technical and conforming corrections and to redesignate 
the corridor as the Ohio and Erie National Heritage Canalway.
    Section 4 amends the authorizing legislation for the 
Delaware and Lehigh National Heritage Corridor to extend the 
authorization to receive Federal funding from 2007 until 2012, 
and to designate the Delaware & Lehigh National Heritage 
Corridor, Inc. as the local coordinating entity for the 
Corridor.
    Section 5(a) amends the authorizing legislation for the 
Ohio and Erie Canal National Heritage Corridor (redesignated as 
the Ohio and Erie National Heritage Canalway in section 3), the 
Rivers of Steel National Heritage Area, the Essex National 
Heritage Area in Massachusetts, and the South Carolina National 
Heritage Corridor to increase the cumulative appropriation 
ceiling for each area from $10 million to $15 million.
    Subsection (b)(1) amends the authorizing legislation for 
each of the heritage areas listed in subsection (a) to require 
the Secretary of the Interior to conduct an evaluation of the 
accomplishments of each national heritage area not later than 
three years before the date Federal funding authority 
terminates.
    Paragraph (2) provides that the evaluation shall assess the 
progress of the management entity with respect to accomplishing 
the purposes of this Act for the heritage area and whether the 
management entity achieved the goals and objectives of the 
approved management plan for the heritage area. The evaluation 
is also required to analyze governmental investments in the 
heritage area to determine the leverage and impact of the 
investments.
    Paragraph (3) requires the Secretary to prepare a report, 
based on the evaluation, that includes recommendations for the 
future role of the National Park Service, if any, for the 
heritage area. If the report recommends that Federal funding 
for the area be reauthorized, it is required to include an 
analysis of ways Federal funding may be reduced or eliminated. 
The report is to be submitted to the House and Senate 
authorizing committees.
    Section 6 makes several technical corrections to the 
authorizing legislation for the National Coal Heritage Area in 
West Virginia.

                   Cost and Budgetary Considerations

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

                                                   August 16, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 817, the National 
Heritage Areas and National Heritage Corridors Technical 
Corrections Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 817--National Heritage Areas and National Heritage Corridors 
        Technical Corrections Act of 2007

    Summary: S. 817 would amend the Omnibus Parks and Public 
Lands Management Act of 1996 to authorize additional 
appropriations of $5 million for each of four national heritage 
areas (NHAs) and similar affiliated areas of the National Park 
System. NHAs and affiliated areas are nonfederal lands and 
communities managed privately in consultation with the National 
Park Service (NPS). The legislation also would require the NPS 
to conduct an evaluation of each of the four areas.
    Assuming appropriation of the $20 million specifically 
authorized by the bill and an additional $1 million for NPS 
evaluations, CBO estimates that implementing S. 817 would cost 
$5 million in 2008 and $21 million over the 2008-2012 period. 
Enacting this legislation would not affect direct spending or 
revenues.
    S. 817 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 817 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................        5        4        4        4        4
Estimated Outlays..................................................        5        4        4        4        4
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: S. 817 would increase, by $5 million 
each (or up to $1 million annually), the total amounts 
authorized to be appropriated to the NPS for four areas 
administered by that agency: The Ohio & Erie Canal National 
Heritage Corridor, the Rivers of Steel National Heritage Area, 
the Essex National Heritage Area, and the South Carolina 
National Heritage Corridor. The funds would be used to assist 
NHA management entities, which are usually local nonprofit 
organizations. The legislation also would direct the NPS to 
evaluate the effectiveness of the management entity at each of 
the areas and recommend future funding levels.
    Based on information provided by the agency and assuming 
appropriation of the amounts authorized or estimated to be 
necessary, CBO estimates that implementing the legislation 
would cost $21 million over the 2008-2012 period, including $1 
million in 2008 for evaluations required by the bill.
    Intergovernmental and private-sector impact: S. 817 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Leo Lex; Impact of the 
Private Sector: Craig Cammarata and Patrice Gordon.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 817. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 817, as ordered reported.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the March 20, 2007 Subcommittee hearing on S. 817 and a 
subsequent letter from the Acting Assistant Secretary for Fish 
and Wildlife and Parks setting forth Department of the Interior 
views on S. 817 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee to present the views of the Department of 
the Interior on S. 817, a bill to amend the Omnibus Parks and 
Public Lands Management Act of 1996 to provide additional 
authorizations for certain National Heritage Areas, and for 
other purposes.
    S. 817 has four main provisions. First, the bill expands 
the Rivers of Steel National Heritage Area by an additional 
county. Second, the bill makes several technical corrections to 
the Ohio & Erie Canal National Heritage Corridor including a 
name change for the area and the deauthorization of the Ohio & 
Erie Canal National Heritage Corridor Committee, whose duties 
have already been assumed by a non-profit management entity. 
Third, the bill names a new local coordinating entity for the 
Delaware and Lehigh National Heritage Corridor, it reauthorizes 
federal funding for the area for an additional five years, and 
gives the Secretary of the Interior several new authorities. 
Fourth, the bill increases the authorization ceiling for four 
existing national heritage areas by $5 million each and 
requires the Secretary to conduct an evaluation of each area 
three years before the cessation of federal funding.
    The Department has no objection to the first three main 
provisions of S. 817, with several recommended amendments 
described in this testimony. The Department is still 
considering its position with regard to the provisions in the 
bill that increase the authorization ceiling for four existing 
heritage areas and extend Federal funding for Delaware and 
Lehigh National Heritage Corridor. The Department will provide 
the Committee with its views on this issue by letter before the 
Committee's markup of this bill.
    Less than a year ago, there were 27 heritage areas. Today, 
there are 37. Our understanding is that national heritage areas 
are locally driven grassroots efforts to preserve resources 
that were intended to operate independent of Federal funding at 
the end of the authorization period. While the National Park 
Service would continue to support the heritage areas through 
technical assistance, the heritage areas were to be largely 
self-sufficient. This was the understanding, particularly for 
those heritage areas created in 1996 and the more recently 
designated heritage areas. We are disappointed that heritage 
areas that are nearing the end of their authorization period or 
that are approaching their authorization ceiling did not better 
plan for this eventuality. We appreciate that the sponsors of 
the bill recognize this concern by requiring the preparation of 
a report to examine what role federal funding should play in 
the future of these heritage areas.
    Currently, there are 37 National Heritage Areas designated 
across 27 states with over 61 million people residing within 
one of these heritage areas. Responding to continued community 
and congressional interest in studying and designating new 
national heritage areas, the National Park System Advisory 
Board reviewed the program and prepared a report on the 
appropriate role of the National Park Service in supporting 
these areas. The Advisory Board's 2006 report, Charting a 
Future for National Heritage Areas, recognized the important 
role of national heritage areas in expanding conservation 
stewardship and in identifying and preserving significant 
historic resources. The report also recognized that national 
heritage areas need a legislative foundation that establishes a 
clear process for designation, administration, and evaluation.
    Among the Advisory Board's specific recommendations for 
program legislation was a provision to address the future of 
national heritage areas after an area reaches the end of its 
authorized funding level or time limits for funding. Before the 
publication of the Advisory Board report, most of the 
discussions on program legislation focused on the need to 
establish criteria for designating new areas and managing 
existing areas. The Advisory Board recognized that the National 
Park Service needed to take a more proactive approach by 
assisting national heritage areas in envisioning and planning 
for a sustainable future. For this reason, the report included 
a recommendation that the legislative foundation for the 
program require that ``three years prior to cessation of 
federal funding authority, a study be conducted to recommend 
the appropriate level of future National Park Service 
involvement in the National Heritage Area including but not 
limited to future federal funding''.
    In July 2006, the Administration transmitted to Congress a 
legislative proposal for national heritage area program 
legislation that included many of the recommendations of the 
Advisory Board's report. This proposal, which was introduced in 
the 109th Congress as H.R. 6287, incorporated the requirement 
for a study three years before cessation of funding in a 
slightly different format stating that the areas should 
``conduct an evaluation and prepare a report on the 
accomplishments, sustainability, and recommendations for the 
future * * *''. The National Heritage Area Partnership Act (S. 
243) introduced by Senator Craig Thomas during the 109th 
Congress and passed by the Senate, and a similar version of the 
bill (S. 278) recently introduced during the 110th Congress, 
also contain similar language. The Administration is currently 
working on a similar proposal for heritage area program 
legislation to be transmitted to Congress.
    S. 817 provides additional funding authorization for the 
Essex National Heritage Area, the Ohio & Erie Canal National 
Heritage Corridor, the Rivers of Steel National Heritage 
Corridor, and the South Carolina National Heritage Corridor, 
four areas that have almost reached their authorized 
$10,000,000 funding limit. Although the bill would not provide 
the areas with an extension of time beyond their sunset date of 
2012 for financial assistance, it would authorize an additional 
$5 million per area. This extension of federal funding would 
allow for the continued operation and management of these 
national heritage areas, while providing the Secretary the 
necessary time to undertake an evaluation to assess the 
progress of the area in achieving its legislative purpose.
    These four national heritage areas have a commendable track 
record of partnership and project accomplishments and have 
shown signs of becoming self-sufficient. The Essex National 
Heritage Area commemorates 400 years of seafaring history and 
tradition and has enabled the Salem Maritime National Historic 
Site, a National Park Service unit that is only 9 acres in 
size, to play a far more prominent role in the region by 
harnessing the energy of volunteers in interpretation and 
fundraising.
    The Ohio & Erie Canal National Heritage Corridor preserves 
110 miles of towpath canal, historic communities, and what has 
been described as a ``biological mosaic of forest, marshes, 
streams, and lakes.'' Cuyahoga National Park, which encompasses 
22 miles of the corridor, has taken advantage of the heritage 
area as a framework for large-scale regional collaboration to 
build partnerships and conserve a range of resources.
    The Rivers of Steel National Heritage Area celebrates the 
region's industrial legacy through its rich folklife 
traditions, opening doors to the past with driving tours, audio 
CDs, a local radio series, exhibits, and publications. This 
area celebrates a portrait of people working in one of the most 
important industries at the turn of the century, which helped 
form the economy of this country and continues to preserve this 
regional culture for the next generation.
    The South Carolina National Heritage Corridor helps rural 
communities thrive by promoting their place-based resources. 
For example, a new Heritage Corridor Farmers Association 
supports the agricultural heritage of the area by sponsoring 
regular promotions, tours and preservation initiatives.
    The proposed evaluation process would document these and 
other accomplishments and would give the areas the opportunity 
to develop a long-term plan for reducing or eliminating the 
future financial role of the National Park Service.
    S. 817 has several other provisions. It would provide for a 
new local management entity for the Delaware and Lehigh 
National Heritage Corridor, replacing the existing Federal 
commission that has served as the local coordinating entity 
with a nonprofit corporation, the Delaware & Lehigh National 
Heritage Corridor, Incorporated. It also authorizes the new 
corporation to receive an additional five years of financial 
assistance. This recommendation comes in part from a 2006 
National Park Service technical assistance study entitled 
Connecting Stories, Landscapes and People: Exploring the 
Delaware & Lehigh National Heritage Corridor Partnership, which 
analyzed the strengths and challenges of the heritage area 
including critical ingredients for sustained success in the 
corridor. It identified options for the future including 
alternatives for a new management entity, the involvement of 
state, county and municipal governments, and the involvement of 
the National Park Service.
    The Delaware and Lehigh National Heritage Corridor has a 
strong record of accomplishments including the development of 
the 165-mile D&L Trail that forms the spine of the corridor, 
the innovative Corridor Market Towns program, the Two Rivers 
Landing project, which is a model of sustainable economic 
development, and the award-winning Lehigh Gap Wildlife Refuge 
reclamation project. We believe that the legislative language 
for the Delaware and Lehigh National Heritage Corridor should 
be amended to parallel that of the other four areas 
reauthorized in S. 817. We also believe that the area should 
build on the existing study to develop recommendations on the 
role the National Park Service should play in the future 
including the reduction and elimination of federal funding.
    The Department has no objection to the other provisions in 
the bill relating to a name change for the Ohio and Erie 
National Heritage Corridor and the deauthorization of the Ohio 
& Erie Canal National Heritage Corridor Committee, the addition 
of a county to the Rivers of Steel National Heritage Area, and 
other technical corrections to existing national heritage areas 
laws.
    The Department would welcome the opportunity to work with 
the committee to make some technical corrections to section 4 
of the bill relating to the Delaware and Lehigh National 
Heritage Corridor. In addition, the Department would like to 
work with the committee on amending this bill to include a new 
section to make some conforming amendments to the National Coal 
Heritage Area that were inadvertently left out last Congress 
when S. 203 was enacted.
    In conclusion, the Department notes the critical need for 
program legislation to establish a framework for the 
designation of national heritage areas and a process to 
evaluate the success of heritage areas in carrying out their 
approved management plan while also planning for their future 
as they approach the limits of their funding authorizations.
    Mr. Chairman, that concludes my testimony and I am prepared 
to answer any questions that you or other members of the 
committee might have at this time.

                        Department of the Interior,
                                   Office of the Secretary,
                                    Washington, DC, April 17, 2007.
Hon. Jeff Bingaman, 
U.S. Senate,
Washington, DC.
    Dear Mr. Chairman:  We are writing this letter as a follow-
up to the Department of the Interior's testimony, delivered on 
March 20, 2007, at a hearing before the Senate Subcommittee on 
National Parks, Committee on Energy and Natural Resources. At 
the time of our testimony, the Department was still considering 
its position with regard to certain provisions in S. 817, a 
bill to amend the Omnibus Parks and Public Lands Management Act 
of 1996 to provide for additional authorizations for certain 
national heritage areas, and for other purposes. We appreciate 
the opportunity to further evaluate the bill and are pleased to 
provide to you, at this time, our views on each of the various 
components of the bill.
    S. 817 expands the Rivers of Steel National Heritage Area 
by an additional county and makes several technical corrections 
to the Ohio & Erie Canal National Heritage Corridor including a 
name change for the area and the deauthorization of the Ohio & 
Erie Canal National Heritage Corridor Committee, whose duties 
have already been assumed by a non-profit management entity. 
The Department supports these provisions in S. 817.
    The bill also names a new local coordinating entity for the 
Delaware and Lehigh National Heritage Corridor (Corridor), 
provides the Secretary of the Interior several new authorities, 
and reauthorizes federal funding for the area for an additional 
five years. The Department supports the provision that names a 
new local coordinating entity for the Corridor and the 
provisions providing other authorities to the Secretary, but 
recommends deferring action on the provision authorizing 
federal funding for the area for an additional five years for 
the reasons discussed below.
    The National Park Service, in conjunction with the 
Corridor, has completed an evaluation of the accomplishments of 
the area, the investments that have been made at all levels, 
the management structure, and partner relationships. This 
evaluation, Connecting Stories, Landscapes, and People: 
Exploring the Delaware & Lehigh National Heritage Corridor 
Partnership, was finalized in 2006. The National Park Service 
has not completed a report based on the evaluation, which 
includes recommendations on what the future role of the 
National Park Service should be in the area. It is important to 
note that, prior to 1996, there were no standard models by 
which national heritage areas were established, resulting in 
various management and funding structures. The Delaware and 
Lehigh National Heritage Corridor was only the third area to be 
designated as a national heritage area, it originally had NPS 
employees who both sat on the commission and staffed it, and 
the management plan contemplated a long-term relationship with 
the National Park Service.
    Finally, the bill increases the authorization ceiling for 
four existing national heritage areas by $5 million each and 
requires the Secretary to conduct an evaluation of each area 
three years before the authorization of federal funding 
terminates. We oppose the provisions in the bill that increase 
the authorization ceiling for four existing national heritage 
areas, but we support the requirement that the Secretary 
conduct an evaluation and prepare a report with recommendations 
on the future role of the National Park Service in each area. 
Appropriated funds would be necessary to carry out this 
requirement.
    We oppose the increases in the authorization ceilings 
because, as we mentioned in our testimony, our understanding is 
that national heritage areas are locally driven grassroots 
efforts to preserve resources and were intended to operate 
independent of federal funding at the end of the authorization 
period. While the National Park Service would continue to 
support national heritage areas through technical assistance, 
the national heritage areas were to be largely self-sufficient. 
This was the understanding, particularly for those national 
heritage areas created in 1996 and the more recently designated 
national heritage areas. We are disappointed that national 
heritage areas that are nearing the end of their authorization 
period or that are approaching their authorization ceiling did 
not better plan for this eventuality.
    At the same time, we appreciate that the sponsors of S. 817 
require the preparation of a report to assess the progress of 
the management entity in accomplishing the purposes of the 
area, analyze the Federal, State, local, and private 
investments in the area to determine the leverage and impact of 
the investments, review the management structure, partnership 
relationships, and funding of the area, and what future role, 
if any, the National Park Service should have with respect to 
these national heritage areas. The Department supports this 
provision in the bill. Such a reporting requirement was 
identified by the National Park System Advisory Board in their 
2006 report, Charting a Future for National Heritage Areas, 
which recommended a legislative framework for the program. The 
reporting requirement also was included in the Administration's 
legislative proposal to formally establish a national heritage 
area program, which was transmitted to Congress during the 
109th Congress.
    With regard to other aspects of the bill relating to the 
Corridor, the Department would welcome the opportunity to work 
with the committee to make some technical corrections. We also 
would like to work with the committee on amending this bill to 
include a new section to make some conforming amendments to the 
National Coal Heritage Area.
    Below is a summary of the Department's views on various 
provisions of S. 817:

------------------------------------------------------------------------
       Section number               Provision        Department position
------------------------------------------------------------------------
Section 2...................  Adds a county to the  Supports.
                               Rivers of Steel
                               National Heritage
                               Area.
Section 3...................  Changes the name for  Supports with
                               the Ohio and Erie     technical
                               National Heritage     amendments.
                               Corridor.
                              Deauthorizes the      Supports with
                               Ohio & Erie Canal     technical
                               National Heritage     amendments.
                               Corridor Committee,
                               and other technical
                               changes.
Section 4(1), (2), (3)......  Provides for a new    Supports with
                               local coordinating    technical
                               entity for Delaware   amendments.
                               and Lehigh National
                               Heritage Corridor
                               and transition
                               provisions.
Section 4(2)................  Authorizes the        Supports with
                               Secretary to enter    technical
                               into cooperative      amendments.
                               agreements with the
                               Delaware and Lehigh
                               National Heritage
                               Corridor and
                               provides other
                               standard
                               authorities.
Section 4(3)................  Authorizes the        Recommends deferring
                               Delaware and Lehigh   action until NPS
                               National Heritage     has an opportunity
                               Corridor to a five    to prepare a report
                               year extension for    on the Corridor's
                               federal assistance.   evaluation of the
                                                     future of this
                                                     area.
Section 5(a)................  Authorizes an         Opposes.
                               increase in the
                               authorization
                               ceiling for four
                               existing national
                               heritage areas by
                               $5 million each.
Section 5(b)................  Requires the          Supports evaluation
                               Secretary to          and report and
                               conduct an            funding to complete
                               evaluation of each    them.
                               of the four areas
                               three years before
                               the authorization
                               for federal funding
                               terminates.
New Section.................  ....................  Supports adding a
                                                     section to make
                                                     conforming
                                                     amendments to the
                                                     National Coal
                                                     Heritage Area.
------------------------------------------------------------------------

    The first national heritage area was designated over 20 
years ago, and since that time, Congress has authorized a total 
of 37 national heritage areas across the country. We realize 
that our position on S. 817 is complicated, but our interest in 
creating a sensible and consistent program outweighs the 
interest in simplicity. The complexity of this and past bills 
illustrates a long-overdue need to enact legislation to 
formally establish a national heritage area program. As it has 
in the past, the Administration plans transmit to Congress a 
legislative proposal to meet this need, and we look forward to 
continuing our work with Congress on this very important issue.
    Thank you for the opportunity to share the Department's 
views on S. 817 and the national heritage area program.
            Sincerely,
                                      Todd Willens,
                                 Acting Assistant Secretary
                                       Fish and Wildlife and Parks.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 817, as ordered reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                           Public Law 100-692


              (Approved November 18, 1988; 102 Stat. 4552)


 AN ACT To establish the Delaware and Lehigh Navigation Canal National 
         Heritage Corridor in the Commonwealth of Pennsylvania

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Delaware and Lehigh 
Navigation Canal National Heritage Corridor Act of 1988''.

           *       *       *       *       *       *       *


SEC. 9. TERMINATION OF COMMISSION.

    [The Commission] (a) In General._The Commission shall 
terminate on November 18, 2007.
    (b) Corporation as Local Coordinating Entity.--Beginning on 
the date of enactment of the National Heritage Areas and 
National Heritage Corridors Technical Corrections Act of 2007, 
the Corporation shall be the local coordinating entity for the 
Corridor.
    (c) Implementation of Management Plan.--The Corporation 
shall assume the duties of the Commission for the 
implementation of the Plan.
    (d) Use of Funds.--The Corporation may use Federal funds 
made available under this Act--
          (1) to make grants to, and enter into cooperative 
        agreements with, the Federal Government, the 
        Commonwealth, political subdivisions of the 
        Commonwealth, nonprofit organizations, and individuals;
          (2) to hire, train, and compensate staff; and
          (3) to enter into contracts for goods and services.
    (e) Restriction on Use of Funds.--The Corporation may not 
use Federal funds made available under this Act to acquire land 
or an interest in land.

SEC. 10. DUTIES OF THE SECRETARY.

           *       *       *       *       *       *       *


    (c) Interpretive Materials.--Following approval of the Plan 
as provided under subsection (a), the Secretary [shall assist 
the Commission] shall, on the request of the Corporation, 
assist in designing and producing interpretive materials based 
on the Plan. Such materials may include--
          (1) guide brochures for exploring the Corridor by 
        automobile, train, bicycle, boat, or foot;
          (2) indoor and outdoor visitor displays, which may 
        include video presentations, at several locations along 
        the Corridor; and
          (3) a mobile display describing the history of the 
        Corridor, to be used in the Corridor, public buildings, 
        libraries, and schools.
    (d) Technical Assistance.--[The Secretary] (1) In General._
The Secretary of the Interior shall, upon request of the 
[Commission] Corporation, provide technical assistance to the 
[Commission] Corporation in the preparation and implementation 
of the Plan.
          (2) Cooperative agreements.--The Secretary may enter 
        into cooperative agreements with the Corporation and 
        other public or private entities for the purpose of 
        providing technical assistance and grants under 
        paragraph (1).
          (3) Priority.--In providing assistance to the 
        Corporation under paragraph (1), the Secretary shall 
        give priority to activities that assist in--
                  (A) conserving the significant natural, 
                historic, cultural, and scenic resources of the 
                Corridor; and
                  (B) providing educational, interpretive, and 
                recreational opportunities consistent with the 
                purposes of the Corridor.
    (e) Transition Memorandum of Understanding.--The Secretary 
shall enter into a memorandum of understanding with the 
Corporation to ensure--
          (1) appropriate transition of management of the 
        Corridor from the Commission to the Corporation;
          (2) coordination regarding implementation of the 
        Plan.

SEC. 11. DUTIES OF OTHER FEDERAL ENTITIES.

    Any Federal entity conducting or supporting activities 
[directly affecting] directly affecting the purposes of the 
Corridor resources of the Corridor shall--
          (1) consult with the Secretary and the Commission 
        with respect to such activities;
          (2) cooperate with the Secretary and the Commission 
        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 consistent with the 
        Plan and the provisions of this Act.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) [Commission] Corporation._There is authorized to be 
appropriated annually to the [Commission] Corporation to carry 
out its duties under this Act $1,000,000, except that the 
Federal contribution to the [Commission] Corporation shall not 
exceed 50 percent of the annual costs to the [Commission] 
Corporation in carrying out those duties.
    (b) Secretary.--There are authorized to be appropriated 
annually to the Secretary such sums as may be necessary to 
carry out his duties under the Act.
    (c) Management Action Plan.--
          (1) In general.--To implement the management action 
        plan created by the Commission, there is authorized to 
        be appropriated $1,000,000 for each of fiscal years 
        2000 through [2007] 2012.
          (2) Limitation on expenditures.--Amounts made 
        available under paragraph (1) shall not exceed 50 
        percent of the costs of implementing the management 
        action plan.
    (d) Termination of Assistance.--The authority of the 
Secretary to provide financial assistance under this Act 
terminates on the date that is 5 years after the date of 
enactment of this subsection.

           *       *       *       *       *       *       *


SEC. 14. DEFINITIONS.

    For purposes of this Act--
          (1) the term ``Canal'' means the Delaware and Lehigh 
        Navigation Canal;
          (2) the term ``Commission'' means the Delaware and 
        Lehigh Navigation Canal National Heritage Corridor 
        Commission established under section 5(a).
          (3) the term ``Commonwealth'' means the Commonwealth 
        of Pennsylvania;
          (4) the term ``Corporation'' means the Delaware & 
        Lehigh National Heritage Corridor, Incorporated, an 
        organization described in section 501(c)(3), and exempt 
        from Federal tax under section 501(a), of the Internal 
        Revenue Code of 1986;
          [(4)] (5) the term ``Corridor'' means the Delaware 
        and Lehigh Navigation Canal National Heritage Corridor 
        established under section 3(a).
          [(5)] (6) the term ``Plan'' means the Cultural 
        Heritage and Corridor Management Plan to be prepared by 
        the Commission pursuant to section 8(a); and
          [(6)] (7) the term ``Secretary'' means the Secretary 
        of the Interior.

                           Public Law 104-333


              (Approved November 12, 1996; 110 Stat. 4093)


AN ACT To provide for the administration of certain Presidio properties 
    at minimal cost to the Federal taxpayer, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    This Act may be cited as the ``Omnibus Parks and Public 
Lands Management Act of 1996''.

           *       *       *       *       *       *       *


                              DIVISION II

                  TITLE I--NATIONAL COAL HERITAGE AREA

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Coal Heritage 
Area Act of 1996''.

           *       *       *       *       *       *       *


SEC. 103. ESTABLISHMENT.

    (a) In General.--For the purpose of preserving and 
interpreting for the educational and inspirational benefit of 
present and future generations certain lands and structures 
with unique and significant historic and cultural value 
associated with the coal mining heritage of the State of West 
Virginia and the Nation, there is hereby established the 
National Coal Heritage Area (hereafter in this title referred 
to as the ``Area'').
    (b) Boundaries.--The Area [shall be shall be comprised] 
shall be comprised of the following:
          (1) The counties in the State of West Virginia that 
        are the subject of the study by the National Park 
        Service, dated 1993, entitled ``A Coal Mining Heritage 
        Study: Southern West Virginia'' conducted pursuant to 
        title VI of Public Law 100-699.
          (2) Lincoln County, West Virginia.
          (3) Paint Creek and Cabin Creek within Kanawha 
        County, West Virginia.

           *       *       *       *       *       *       *


SEC. 105. ELIGIBLE RESOURCES.

    [The resources] (a) In General._The resources eligible for 
the assistance under [paragraph (2) of] section 104 shall 
[include those set forth in] include--
          (1) resources in Lincoln County, West Virginia, and 
        Paint Creek and Cabin Creek in Kanawha County, West 
        Virginia, as determined to be appropriate by the 
        National Coal Heritage Area Authority; and
          (2) resources described in appendix D of the study by 
        the National Park Service, dated 1993, entitled ``A 
        Coal Mining Heritage Study: Southern West Virginia'', 
        conducted pursuant to title VI of Public Law 100-699. 
        [Priority consideration]
    (b) Priority._Priority consideration shall be given to 
those sites listed as ``Conservation Priorities'' and 
``Important Historic Resources'' as depicted on the map 
entitled ``Study Area: Historic Resources'' in such study.

SEC. 106. COAL HERITAGE MANAGEMENT PLAN.

    (a) In General.--Pursuant to the contractual agreement 
referred to in section 104, within three years after the date 
of enactment of this title, the [Governor of the State of West 
Virginia, acting through the Division of Culture and History 
and the Division of Tourism and Parks,] National Coal Heritage 
Area Authority shall submit to the Secretary a Coal Heritage 
Management Plan for the Area. The plan shall at a minimum--
          (1) set forth the integrated cultural, historical, 
        and land resource management policies and programs 
        referred to in section 104;
          (2) describe the guidelines and standards for 
        projects referred to in section 104; and
          (3) set forth the responsibilities of the [State of 
        West Virginia, units of local government, nonprofit 
        entities, or] National Coal Heritage Authority or the 
        Secretary to administer any properties acquired 
        pursuant to section 104.
      (b) Plan Approval.--The Secretary shall approve the plan 
submitted under subsection (a) unless he determines that it 
would not meet the objectives of this title.

           *       *       *       *       *       *       *


               TITLE IV--STEEL INDUSTRY HERITAGE PROJECT

    [Note: Public Law 106-113, Appendix C, sec. 116, provides: 
``Notwithstanding any other provision of law, the Steel 
Industry American Heritage Area, authorized by Public Law 104-
333, is hereby renamed the Rivers of Steel National Heritage 
Area.'']

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Steel Industry American 
Heritage Area Act of 1996''.

           *       *       *       *       *       *       *


SEC. 403. STEEL INDUSTRY AMERICAN HERITAGE AREA.

    (a) Establishment.--There is hereby established the Steel 
Industry American Heritage Area (in this title referred to as 
the ``Heritage Area'').
    (b) Boundaries.--The Heritage Area shall be comprised of 
the counties of Allegheny, Armstrong, Beaver, Butler, Fayette, 
Greene, Washington, and Westmoreland in Pennsylvania.

           *       *       *       *       *       *       *


SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated 
under this title not more than $1,000,000 for any fiscal year. 
Not more than a total of [$10,000,000] $15,000,000 may be 
appropriated for the Heritage Area under this title.
    (b) 50 Percent Match.--Federal funding provided under this 
title, after the designation of this Heritage Area, may not 
exceed 50 percent of the total cost of any assistance or grant 
provided or authorized under this title.

TITLE V--ESSEX NATIONAL HERITAGE AREA

           *       *       *       *       *       *       *


SEC. 503. DESIGNATION OF NATIONAL HERITAGE AREA.

    (a) Designation.--For the purpose of preserving and 
interpreting, for the educational and inspirational benefit of 
present and future generations, the unique and significant 
contributions to our national heritage of certain historic and 
cultural lands, natural waterways, and structures within the 
County of Essex in the Commonwealth of Massachusetts, there is 
hereby established the Essex National Heritage Area.

           *       *       *       *       *       *       *


SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated 
under this title not more than $1,000,000 for any fiscal year. 
Not more than a total of [$10,000,000] $15,000,000 may be 
appropriated for the Area under this title.
    (b) 50 Percent Match.--Federal funding provided under this 
title, after the designation of the Area, may not exceed 50 
percent of the total cost of any assistance or grant provided 
or authorized under this title.

          TITLE VI--SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR

SEC. 601. SHORT TITLE.

    This title may be cited as the ``South Carolina National 
Heritage Corridor Act of 1996''.

           *       *       *       *       *       *       *


SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated 
under this title not more than $1,000,000 for any fiscal year. 
Not more than a total of [$10,000,000] $15,000,000 may be 
appropriated for the Corridor under this title.
    (b) 50 Percent Match.--Federal funding provided under this 
title, after the designation of this Corridor, may not exceed 
50 percent of the total cost of any assistance or grant 
provided or authorized under this title.

           *       *       *       *       *       *       *


        TITLE VIII--OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Ohio & Erie Canal National 
Heritage Corridor Act of 1996''.

SEC. 802. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
          (1) The Ohio & Erie Canal, which opened for 
        commercial navigation in 1832, was the first inland 
        waterway to connect the Great Lakes at Lake Erie with 
        the Gulf of Mexico via the Ohio and Mississippi Rivers 
        and a part of a canal network in Ohio that was one of 
        America's most extensive and successful systems during 
        a period in history when canals were essential to the 
        Nation's growth.
          (2) The Ohio & Erie Canal spurred economic growth in 
        the State of Ohio that took the State from near 
        bankruptcy to the third most economically prosperous 
        State in the Union in just 20 years.
          (3) A 4-mile section of the Ohio & Erie Canal was 
        designated a National Historic Landmark in 1966 and 
        other portions of the Ohio & Erie Canal and many 
        associated structures were placed on the National 
        Register of Historic Places.
          (4) In 1974, 19 miles of the Ohio & Erie Canal were 
        declared nationally significant under National Park 
        Service new area criteria with the designation of 
        Cuyahoga Valley National Recreation Area.
          (5) The National Park Service found the Ohio & Erie 
        Canal nationally significant in a 1975 study entitled 
        ``Suitability/Feasibility Study, Proposed Ohio & Erie 
        Canal''.
          (6) A 1993 Special Resources Study of the Ohio & Erie 
        Canal Corridor conducted by the National Park Service 
        entitled ``A Route to Prosperity'' has concluded that 
        [the corridor] the Canalway is eligible as a National 
        Heritage Corridor.
          (7) Local governments, the State of Ohio, and private 
        sector interests have embraced the heritage corridor 
        concept and desire to enter into partnership with the 
        Federal Government to preserve, protect, and develop 
        [the corridor] the Canalway for public benefit.
    (b) Purposes.--The purposes of this title are--
          (1) to preserve and interpret for the educational and 
        inspirational benefit of present and future generations 
        the unique and significant contributions to our 
        national heritage of certain historic and cultural 
        lands, waterways, and structures within the 87-mile 
        Ohio & Erie Canal Corridor between Cleveland and Zoar;
          (2) to encourage within [the corridor] the Canalway a 
        broad range of economic opportunities enhancing the 
        quality of life for present and future generations;
          (3) to provide a management framework to assist the 
        State of Ohio, its political subdivisions, and 
        nonprofit organizations, or combinations thereof, in 
        preparing and implementing an integrated Corridor 
        Management Plan and in developing policies and programs 
        that will preserve, enhance, and interpret the 
        cultural, historical, natural, recreation, and scenic 
        resources of [the corridor] the Canalway; and
          (4) to authorize the Secretary to provide financial 
        and technical assistance to the State of Ohio, its 
        political subdivisions, and nonprofit organizations, or 
        combinations thereof, in preparing and implementing a 
        Corridor Management Plan.

SEC. 803. DEFINITIONS.

    For the purposes of this title:
          (1) The term ``[corridor] Canalway'' means the Ohio & 
        Erie [Canal National Heritage Corridor] National 
        Heritage Canalway established by section 804.
          [(2) The term ``Committee'' means the Ohio & Erie 
        Canal National Heritage Area Committee established by 
        section 805.]
          [(3)] (2) The term ``Corridor Management Plan'' means 
        the management plan developed under section [808] 806.
          [(4)] (3) The term ``Secretary'' means the Secretary 
        of the Interior.
          [(5)] (4) The term ``technical assistance'' means any 
        guidance, advice, help, or aid, other than financial 
        assistance, provided by the Secretary of the Interior.
          [(6)] (5) The term ``financial assistance'' means 
        funds appropriated by Congress and made available to 
        the management entity for the purposes of preparing and 
        implementing a Corridor Management Plan.
          [(7)] (6) The term ``management entity'' means the 
        entity recognized by the Secretary pursuant to section 
        [807(a)] 805(a) to receive, distribute, and account for 
        Federal funds appropriated for the purposes of this 
        title.

SEC. 804. OHIO & ERIE [CANAL NATIONAL HERITAGE CORRIDOR] NATIONAL 
                    HERITAGE CANALWAY.

    (a) Establishment.--There is established in the State of 
Ohio the Ohio & Erie [Canal National Heritage Corridor] 
National Heritage Canalway.
    (b) Boundaries.--
          (1) In general.--The boundaries of [the corridor] the 
        Canalway shall be composed of the lands that are 
        generally the route of the Ohio & Erie Canal from 
        Cleveland to Zoar, Ohio, as depicted in the 1993 
        National Park Service Special Resources Study, ``A 
        Route to Prosperity'', subject to paragraph (2). The 
        specific boundaries shall be those specified in the 
        management plan submitted under section [808] 806. The 
        Secretary shall prepare a map of [the corridor] the 
        Canalway which shall be on file and available for 
        public inspection in the office of the Director of the 
        National Park Service.
          (2) Consent of local governments.--No privately owned 
        property shall be included within the boundaries of 
        [the corridor] the Canalway unless the municipality in 
        which the property is located agrees to be so included 
        and submits notification of such agreement to the 
        Secretary.
    (c) Administration.--[The corridor] The Canalway shall be 
administered in accordance with the provisions of this title.

[SEC. 805. THE OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR COMMITTEE.

    [(a) Establishment.--There is hereby established a 
Committee to be known as the ``Ohio & Erie Canal National 
Heritage Corridor Committee'', whose purpose shall be to assist 
Federal, State, and local authorities and the private sector in 
the preparation and implementation of an integrated Corridor 
Management Plan.
    [(b) Membership.--The Committee shall be comprised of 21 
members, as follows:
          [(1) Four individuals, appointed by the Secretary 
        after consideration of recommendations submitted by the 
        Greater Cleveland Growth Association, the Akron 
        Regional Development Board, the Stark Development 
        Board, and the Tuscarawas County Chamber of Commerce, 
        who shall include one representative of business and 
        industry from each of Ohio counties of Cuyahoga, 
        Summit, Stark, and Tuscarawas.
          [(2) One individual, appointed by the Secretary after 
        consideration of recommendations submitted by the 
        Director of the Ohio Department of Travel and Tourism, 
        who is a director of a convention and tourism bureau 
        within [the corridor] the Canalway.
          [(3) One individual, appointed by the Secretary after 
        consideration of recommendations submitted by the Ohio 
        Historic Preservation Officer, with knowledge and 
        experience in the field of historic preservation.
          [(4) One individual, appointed by the Secretary after 
        consideration of recommendations submitted by the 
        Director of the National Park Service, with knowledge 
        and experience in the field of historic preservation.
          [(5) Three individuals appointed by the Secretary 
        after consideration of recommendations submitted by the 
        county or metropolitan park boards in the Ohio counties 
        of Cuyahoga, Summit, and Stark.
          [(6) Eight individuals appointed by the Secretary 
        after consideration of recommendations submitted by the 
        county commissioners or county chief executive of the 
        Ohio counties of Cuyahoga, Summit, Stark and 
        Tuscarawas, including--
                  [(A) from each county, one representative of 
                the planning offices of the county; and
                  [(B) from each county, one representative of 
                a municipality in the county.
          [(7) Two individuals appointed by the Secretary after 
        consideration of recommendations submitted by the 
        Governor of Ohio, who shall be representatives of the 
        Directors of the Ohio Department of Natural Resources 
        and the Ohio Department of Transportation.
          [(8) The Superintendent of the Cuyahoga Valley 
        National Recreation Area, ex officio.
    [(c) Appointments.--
          [(1) In general.--Except as provided in paragraph 
        (2), members of the Committee shall be appointed for 
        terms of three years and may be reappointed.
          [(2) Initial appointments.--The Secretary shall 
        appoint the initial members of the Committee within 30 
        days after the date on which the Secretary has received 
        all recommendations pursuant to subsection (b). Of the 
        members first appointed--
                  [(A) the members appointed pursuant to 
                subsection (b)(6)(B) shall be appointed to a 
                term of two years and may not be reappointed to 
                a consecutive term; and
                  [(B) the member appointed pursuant to 
                subsection (b)(2) shall be appointed to a term 
                of two years and may not be reappointed to a 
                consecutive term.
    [(d) Chair and Vice Chair.--The chair and vice chair of the 
Committee shall be elected by the members of the Committee. The 
terms of the chair and vice chair shall be two years.
    [(e) Vacancy.--A vacancy in the Committee shall be filled 
in the manner in which the original appointment was made. Any 
member appointed to fill a vacancy occurring before the 
expiration of the term for which their predecessor was 
appointed shall be appointed only for the remainder of such 
term. Any member of the Committee appointed for a definite term 
may serve after the expiration of their term until their 
successor has taken office.
    [(f) Compensation and Expenses.--Members of the Committee 
shall serve without compensation for their service on the 
Committee.
    [(g) Quorum.--Eleven members of the Committee shall 
constitute a quorum.
    [(h) Meetings.--The Committee shall meet at least quarterly 
at the call of the chairperson or 11 of its members. Meetings 
of the Committee shall be subject to section 552b of title 5, 
United States Code (relating to open meetings).
    [(i) Not Treated as Advisory Committee.--The Committee 
shall not be treated as an Advisory Committee for purposes of 
the Federal Advisory Committee Act (5 U.S.C. App.).]

[SEC. 806. POWERS AND DUTIES OF THE NATIONAL HERITAGE CORRIDOR 
                    COMMITTEE.

    [(a) Hearings.--The Committee may, for the purpose of 
carrying out this title, hold such hearings, sit and act at 
such times and places, take such testimony, and receive such 
evidence, as the Committee considers appropriate. The Committee 
may not issue subpoenas or exercise any subpoena authority.
    [(b) Bylaws.--The Committee may make such bylaws and rules, 
consistent with this title, as it considers necessary to carry 
out its functions under this title.
    [(c) Powers of Members and Agents.--Any member or agent of 
the Committee, if so authorized by the Committee, may take any 
action which the Committee is authorized to take by this title.
    [(d) Corridor Management Plan.--Upon submission of a draft 
Corridor Management Plan to the Committee from the management 
entity, the Committee shall, within 60 days, review such plan 
for consistency with the purposes of this title and endorse the 
plan or return it to the management entity for revision. Upon 
endorsement of the Corridor Management Plan, the Committee 
shall submit such plan to the Secretary for approval pursuant 
to section 808.
    [(e) Review of Budget.--The Committee shall review on an 
annual basis the proposed expenditures of Federal funds by the 
management entity for consistency with the purpose of this 
title and the Corridor Management Plan.]

SEC. [807] 805. MANAGEMENT ENTITY.

    (a) Entity.--Upon petition, the Secretary is authorized to 
recognize the Ohio & Erie Canal Association as the management 
entity for the Heritage Corridor.
    (b) Eligibility.--To be eligible for designation as the 
management entity of [the corridor] the Canalway, an entity 
must possess the legal ability to--
          (1) receive Federal funds for use in preparing and 
        implementing the management plan for [the corridor] the 
        Canalway;
          (2) disburse Federal funds to other units of 
        government or other organizations for use in preparing 
        and implementing the management plan for [the corridor] 
        the Canalway;
          (3) account for all Federal funds received or 
        disbursed; and
          (4) sign agreements with the Federal Government.
    (c) Federal Funding.--
          (1) Authorization to receive.--The management entity 
        is authorized to receive appropriated Federal funds.
          (2) Disqualification.--If a management plan for [the 
        corridor] the Canalway is not submitted to the 
        Secretary as required under section [808] 806 within 
        the time specified herein, the management entity shall 
        cease to be eligible for Federal funding under this 
        title until such a plan regarding [the corridor] the 
        Canalway is submitted to the Secretary.
    (d) Authorities of Management Entity.--The management 
entity of [the corridor] the Canalway may, for purposes of 
preparing and implementing the management plan for [the 
corridor] the Canalway, use Federal funds made available under 
this title--
          (1) to make grants and loans to the State of Ohio, 
        its political subdivisions, nonprofit organizations, 
        and other persons;
          (2) to enter into cooperative agreements with, or 
        provide technical assistance to, Federal agencies, the 
        State of Ohio, its political subdivision, nonprofit 
        organizations, and other persons;
          (3) to hire and compensate staff;
          (4) to obtain money from any source under any program 
        or law requiring the recipient of such money to make a 
        contribution in order to receive such money; and
          (5) to contract for goods and services.
    (e) Prohibition of Acquisition of Real Property.--The 
management entity for [the corridor] the Canalway may not use 
Federal funds received under this title to acquire real 
property or any interest in real property.

SEC. [808] 806. DUTIES OF THE MANAGEMENT ENTITY.

    (a) Corridor Management Plan.--
          (1) Submission for review by [committee] secretary.--
        Within 3 years after the date on which the Secretary 
        has recognized the management entity for [the corridor] 
        the Canalway, the management entity shall develop and 
        submit for review to the [Committee] Secretary a 
        management plan for [the corridor] the Canalway.
          (2) Plan requirements.--A management plan submitted 
        under this title shall present comprehensive 
        recommendations for the conservation, funding, 
        management, and development of [the corridor] the 
        Canalway. The plan shall be prepared with public 
        participation. The plan shall take into consideration 
        existing Federal, State, county, and local plans and 
        involve residents, public agencies, and private 
        organizations in [the corridor] the Canalway. The plan 
        shall include a description of actions that units of 
        government and private organizations are recommended to 
        take to protect the resources of [the corridor] the 
        Canalway. The plan shall specify existing and potential 
        sources of funding for the conservation, management, 
        and development of [the corridor] the Canalway. The 
        plan also shall include the following, as appropriate:
                  (A) An inventory of the resources contained 
                in [the corridor] the Canalway, including a 
                list of property in [the corridor] the Canalway 
                that should be conserved, restored, managed, 
                developed, or maintained because of the 
                natural, cultural, or historic significance of 
                the property as it relates to the themes of 
                [the corridor] the Canalway.
                  (B) A recommendation of policies for resource 
                management that consider and detail the 
                application of appropriate land and water 
                management techniques, including (but not 
                limited to) the development of 
                intergovernmental cooperative agreements to 
                manage the historical, cultural, and natural 
                resources and recreational opportunities of 
                [the corridor] the Canalway in a manner 
                consistent with the support of appropriate and 
                compatible economic viability.
                  (C) A program, including plans for 
                restoration and construction, for 
                implementation of the management plan by the 
                management entity and specific commitments, for 
                the first six years of operation of the plan by 
                the partners identified in said plan.
                  (D) An analysis of means by which Federal, 
                State, and local programs may best be 
                coordinated to promote the purposes of this 
                title.
                  (E) An interpretive plan for [the corridor] 
                the Canalway.
          (3) Approval and disapproval of [the corridor] the 
        canalway management plan.--
                  (A) In general.--Upon submission of [the 
                Corridor] the Canalway Management Plan [from 
                the Committee.], the Secretary shall approve or 
                disapprove said plan not later than 60 days 
                after receipt of the plan. If the Secretary has 
                taken no action after 60 days upon receipt, the 
                plan shall be considered approved.
                  (B) Disapproval and revisions.--If the 
                Secretary disapproves [the Corridor] the 
                Canalway Management Plan, the Secretary shall 
                advise the [Committee] management entity, in 
                writing, of the reasons for the disapproval and 
                shall make recommendations for revision of the 
                plan. The Secretary shall approve or disapprove 
                proposed revisions to the plan not later than 
                60 days after receipt of such revision. If the 
                Secretary has taken no action for 60 days after 
                receipt, the plan shall be considered approved.
    (b) Priorities.--The management entity shall give priority 
to the implementation of actions, goals, and policies set forth 
in the management plan for [the corridor] the Canalway, 
including--
          (1) assisting units of government, regional planning 
        organizations, and nonprofit organizations--
                  (A) in conserving [the corridor] the 
                Canalway;
                  (B) in establishing and maintaining 
                interpretive exhibits in [the corridor] the 
                Canalway;
                  (C) in developing recreational opportunities 
                in [the corridor] the Canalway;
                  (D) in increasing public awareness of and 
                appreciation for the natural, historical, and 
                cultural resources of [the corridor] the 
                Canalway;
                  (E) in the restoration of historic buildings 
                that are located within the boundaries of [the 
                corridor] the Canalway and relate to the themes 
                of [the corridor] the Canalway; and
                  (F) in ensuring that clear, consistent, and 
                environmentally appropriate signs identifying 
                access points and sites of interest are put in 
                place throughout [the corridor] the Canalway; 
                and
          (2) consistent with the goals of the management plan, 
        encouraging economic viability in the affected 
        communities by appropriate means.
    (c) Consideration of Interests of Local Groups.--The 
management entity shall, in preparing and implementing the 
management plan for [the corridor] the Canalway, consider the 
interest of diverse units of government, businesses, private 
property owners, and nonprofit groups within the geographic 
area.
    (d) Public Meetings.--The management entity shall conduct 
public meetings at least quarterly regarding the implementation 
of [the Corridor] the Canalway Management Plan.
    (e) Annual Reports.--The management entity shall, for any 
fiscal year in which it receives Federal funds under this title 
or in which a loan made by the entity with Federal funds under 
section [807(d)(1)]805(d)(1) is outstanding, submit an annual 
report to the Secretary setting forth its accomplishments, its 
expenses and income, and the entities to which it made any 
loans and grants during the year for which the report is made.
    (f) Cooperation With Audits.--The management entity shall, 
for any fiscal year in which it receives Federal funds under 
this title or in which a loan made by the entity with Federal 
funds under section [807(d)(1)] 805(d)(1) is outstanding, make 
available for audit by the Congress, the Secretary, and 
appropriate units of government all records and other 
information pertaining to the expenditure of such funds and any 
matching funds, and require, for all agreements authorizing 
expenditure of Federal funds by other organizations, that the 
receiving organizations make available for such audit all 
records and other information pertaining to the expenditure of 
such funds.

SEC. [809] 807. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

    (a) Technical Assistance and Grants.--
          (1) In general.--The Secretary may provide technical 
        assistance and grants to units of government, nonprofit 
        organizations, and other persons, upon request of the 
        management entity of [the corridor] the Canalway, and 
        to the management entity, regarding the management plan 
        and its implementation.
          (2) Prohibition of certain requirements.--The 
        Secretary may not, as a condition of the award of 
        technical assistance or grants under this section, 
        require any recipient of such technical assistance or 
        grant to enact or modify land use restrictions.
          (3) Determinations regarding assistance.--The 
        Secretary shall decide if [the corridor] the Canalway 
        shall be awarded technical assistance or grants and the 
        amount of that assistance. Such decisions shall be 
        based on the relative degree to which [the corridor] 
        the Canalway effectively fulfills the objectives 
        contained in [the Corridor] the Canalway Management 
        Plan and achieves the purposes of this title. Such 
        decisions shall give consideration to projects which 
        provide a greater leverage of Federal funds.
    (b) Provision of Information.--In cooperation with other 
Federal agencies, the Secretary shall provide the general 
public with information regarding the location and character of 
[the corridor] the Canalway.
    (c) Other Assistance.--Upon request, the Superintendent of 
[Cuyahoga Valley National Recreation Area] Cuyahoga Valley 
National Park may provide to public and private organizations 
within [the corridor] the Canalway (including the management 
entity for [the corridor] the Canalway) such operational 
assistance as appropriate to support the implementation of [the 
Corridor] the Canalway Management Plan, subject to the 
availability of appropriated funds. The Secretary is authorized 
to enter into cooperative agreements with public and private 
organizations for the purposes of implementing this subsection.
    (d) Duties of Other Federal Agencies.--Any Federal entity 
conducting any activity directly affecting [the corridor] the 
Canalway shall consider the potential effect of the activity on 
[the Corridor] the Canalway Management Plan and shall consult 
with the management entity of [the corridor] the Canalway with 
respect to the activity to minimize the adverse effects of the 
activity on [the corridor] the Canalway.

SEC. [810] 808. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE 
                    PROPERTY.

    (a) Lack of Effect on Authority of Governments.--Nothing in 
this title shall be construed to modify, enlarge, or diminish 
any authority of Federal, State, or local governments to 
regulate any use of land as provided for by law or regulation.
    (b) Lack of Zoning or Land Use Powers.--Nothing in this 
title shall be construed to grant powers of zoning or land use 
control to the [Committee or] management entity of [the 
corridor] the Canalway.
    (c) Local Authority and Private Property not Affected.--
Nothing in this title shall be construed to affect or to 
authorize the [Committee] management entity to interfere with--
          (1) the rights of any person with respect to private 
        property; or
          (2) any local zoning ordinance or land use plan of 
        the State of Ohio or a political subdivision thereof.

SEC. [811] 809. SUNSET.

    The Secretary may not make any grant or provide any 
financial assistance under this title after September 30, 2012.

SEC. [812] 810. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated 
under this title not more than $1,000,000 for any fiscal year. 
Not more than a total of [$10,000,000] $15,000,000 may be 
appropriated for [the corridor] the Canalway under this title.
    (b) 50 Percent Match.--Federal funding provided under this 
title, after the designation of [the corridor] the Canalway, 
may not exceed 50 percent of the total cost of any assistance 
or grant provided or authorized under this title.

                                  
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