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Calendar No. 681
106th CONGRESS
2d Session
H. R. 940
[Report No. 106-342]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14, 1999
Received; read twice and referred to the Committee on Energy and
Natural Resources
July 12, 2000
Reported by Mr. Murkowski, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To designate the Lackawanna Valley National Heritage Area, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Lackawanna Valley National
Heritage Area Act of 1999''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>
<DELETED> (a) Findings.--The Congress finds the following:</DELETED>
<DELETED> (1) The industrial and cultural heritage of
northeastern Pennsylvania inclusive of Lackawanna, Luzerne,
Wayne, and Susquehanna counties, related directly to anthracite
and anthracite-related industries, is nationally significant,
as documented in the United States Department of the Interior-
National Parks Service, National Register of Historic Places,
Multiple Property Documentation submittal of the Pennsylvania
Historic and Museum Commission (1996).</DELETED>
<DELETED> (2) These industries include anthracite mining,
ironmaking, textiles, and rail transportation.</DELETED>
<DELETED> (3) The industrial and cultural heritage of the
anthracite and related industries in this region includes the
social history and living cultural traditions of the people of
the region.</DELETED>
<DELETED> (4) The labor movement of the region played a
significant role in the development of the Nation including the
formation of many key unions such as the United Mine Workers of
America, and crucial struggles to improve wages and working
conditions, such as the 1900 and 1902 anthracite
strikes.</DELETED>
<DELETED> (5) The Department of the Interior is responsible
for protecting the Nation's cultural and historic resources,
and there are significant examples of these resources within
this 4-county region to merit the involvement of the Federal
Government to develop programs and projects, in cooperation
with the Lackawanna Heritage Valley Authority, the Commonwealth
of Pennsylvania, and other local and governmental bodies, to
adequately conserve, protect, and interpret this heritage for
future generations, while providing opportunities for education
and revitalization.</DELETED>
<DELETED> (6) The Lackawanna Heritage Valley Authority would
be an appropriate management entity for a Heritage Area
established in the region.</DELETED>
<DELETED> (b) Purpose.--The objectives of the Lackawanna Valley
National Heritage Area are as follows:</DELETED>
<DELETED> (1) To foster a close working relationship with
all levels of government, the private sector, and the local
communities in the anthracite coal region of northeastern
Pennsylvania and empower the communities to conserve their
heritage while continuing to pursue economic
opportunities.</DELETED>
<DELETED> (2) To conserve, interpret, and develop the
historical, cultural, natural, and recreational resources
related to the industrial and cultural heritage of the 4-county
region of northeastern Pennsylvania.</DELETED>
<DELETED>SEC. 3. LACKAWANNA VALLEY NATIONAL HERITAGE AREA.</DELETED>
<DELETED> (a) Establishment.--There is hereby established the
Lackawanna Valley National Heritage Area (in this Act referred to as
the ``Heritage Area'').</DELETED>
<DELETED> (b) Boundaries.--The Heritage Area shall be comprised of
all or parts of the counties of Lackawanna, Luzerne, Wayne, and
Susquehanna in Pennsylvania, determined pursuant to the compact under
section 4.</DELETED>
<DELETED> (c) Management Entity.--The management entity for the
Heritage Area shall be the Lackawanna Heritage Valley
Authority.</DELETED>
<DELETED>SEC. 4. COMPACT.</DELETED>
<DELETED> To carry out the purposes of this Act, the Secretary of
the Interior (in this Act referred to as the ``Secretary'') shall enter
into a compact with the management entity. The compact shall include
information relating to the objectives and management of the area,
including each of the following:</DELETED>
<DELETED> (1) A delineation of the boundaries of the
Heritage Area.</DELETED>
<DELETED> (2) A discussion of the goals and objectives of
the Heritage Area, including an explanation of the proposed
approach to conservation and interpretation and a general
outline of the protection measures committed to by the
partners.</DELETED>
<DELETED>SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.</DELETED>
<DELETED> (a) Authorities of the Management Entity.--The management
entity may, for purposes of preparing and implementing the management
plan developed under subsection (b), use funds made available through
this Act for the following:</DELETED>
<DELETED> (1) To make grants to, and enter into cooperative
agreements with States and their political subdivisions,
private organizations, or any person.</DELETED>
<DELETED> (2) To hire and compensate staff.</DELETED>
<DELETED> (3) To enter into contracts for goods and
services.</DELETED>
<DELETED> (b) Management Plan.--The management entity shall develop
a management plan for the Heritage Area that presents recommendations
for the Heritage Area's conservation, funding, management, and
development. Such plan shall take into consideration existing State,
county, and local plans and involve residents, public agencies, and
private organizations working in the Heritage Area. It shall include
recommendations for actions to be undertaken by units of government and
private organizations to protect the resources of the Heritage Area. It
shall specify the existing and potential sources of funding to protect,
manage, and develop the Heritage Area. Such plan shall include, as
appropriate, the following:</DELETED>
<DELETED> (1) An inventory of the resources contained in the
Heritage Area, including a list of any property in the Heritage
Area that is related to the themes of the Heritage Area and
that should be preserved, restored, managed, developed, or
maintained because of its natural, cultural, historic,
recreational, or scenic significance.</DELETED>
<DELETED> (2) A recommendation of policies for resource
management which considers and details application of
appropriate land and water management techniques, including,
but not limited to, the development of intergovernmental
cooperative agreements to protect the Heritage Area's
historical, cultural, recreational, and natural resources in a
manner consistent with supporting appropriate and compatible
economic viability.</DELETED>
<DELETED> (3) A program for implementation of the management
plan by the management entity, including plans for restoration
and construction, and specific commitments of the identified
partners for the first 5 years of operation.</DELETED>
<DELETED> (4) An analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act.</DELETED>
<DELETED> (5) An interpretation plan for the Heritage
Area.</DELETED>
<DELETED>The management entity shall submit the management plan to the
Secretary for approval within 3 years after the date of enactment of
this Act. If a management plan is not submitted to the Secretary as
required within the specified time, the Heritage Area shall no longer
qualify for Federal funding.</DELETED>
<DELETED> (c) Duties of Management Entity.--The management entity
shall--</DELETED>
<DELETED> (1) give priority to implementing actions set
forth in the compact and management plan, including steps to
assist units of government, regional planning organizations,
and nonprofit organizations in preserving the Heritage
Area;</DELETED>
<DELETED> (2) assist units of government, regional planning
organizations, and nonprofit organizations in establishing and
maintaining interpretive exhibits in the Heritage Area; assist
units of government, regional planning organizations, and
nonprofit organizations in developing recreational resources in
the Heritage Area;</DELETED>
<DELETED> (3) assist units of government, regional planning
organizations, and nonprofit organizations in increasing public
awareness of and appreciation for the natural, historical, and
architectural resources and sites in the Heritage Area; assist
units of government, regional planning organizations and
nonprofit organizations in the restoration of any historic
building relating to the themes of the Heritage Area;</DELETED>
<DELETED> (4) encourage economic viability in the Heritage
Area consistent with the goals of the plan; encourage local
governments to adopt land use policies consistent with the
management of the Heritage Area and the goals of the
plan;</DELETED>
<DELETED> (5) assist units of government, regional planning
organizations, and nonprofit organizations to ensure that
clear, consistent, and environmentally appropriate signs
identifying access points and sites of interest are put in
place throughout the Heritage Area;</DELETED>
<DELETED> (6) consider the interests of diverse
governmental, business, and nonprofit groups within the
Heritage Area;</DELETED>
<DELETED> (7) conduct public meetings at least quarterly
regarding the implementation of the management plan;
and</DELETED>
<DELETED> (8) for any year in which Federal funds have been
received under this Act, make available for audit all records
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 audit all records pertaining
to the expenditure of such funds.</DELETED>
<DELETED> (d) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this Act to
acquire real property or an interest in real property. Nothing in this
Act shall preclude any management entity from using Federal funds from
other sources for their permitted purposes.</DELETED>
<DELETED> (e) Spending for Non-Federally Owned Property.--The
management entity may spend Federal funds directly on non-federally
owned property to further the purposes of this Act, especially in
assisting units of government in appropriate treatment of districts,
sites, buildings, structures, and objects listed or eligible for
listing on the National Register of Historic Places.</DELETED>
<DELETED>SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.</DELETED>
<DELETED> (a) Technical and Financial Assistance.--The Secretary
may, upon request of the management entity, provide technical and
financial assistance to the management entity to develop and implement
the management plan. In assisting the management entity, the Secretary
shall give priority to actions that in general assist in--</DELETED>
<DELETED> (1) conserving the significant natural, historic,
and cultural resources which support its themes; and</DELETED>
<DELETED> (2) providing educational, interpretive, and
recreational opportunities consistent with its resources and
associated values.</DELETED>
<DELETED> (b) Approval and Disapproval of Management Plans.--The
Secretary, in consultation with the Governor of Pennsylvania, shall
approve or disapprove a management plan submitted under this Act not
later than 90 days after receiving such management plan.</DELETED>
<DELETED> (c) Action Following Disapproval.--If the Secretary
disapproves a submitted management plan, the Secretary shall advise the
management entity in writing of the reasons therefore and shall make
recommendations for revisions in the plan. The Secretary shall approve
or disapprove a proposed revision within 90 days after the date it is
submitted.</DELETED>
<DELETED> (d) Approving Amendments.--The Secretary shall review
substantial amendments to the management plan for the Heritage Area.
Funds appropriated pursuant to this Act may not be expended to
implement the changes made by such amendments until the Secretary
approves the amendments.</DELETED>
<DELETED>SEC. 7. ADDITIONAL ANTHRACITE COAL REGION
DESIGNATION.</DELETED>
<DELETED> (a) Designation.--Upon publication by the Secretary in the
Federal Register of notice that the Secretary has signed a compact (as
provided for in subsection (b)) there is hereby designated the
Schuylkill River National Heritage Area.</DELETED>
<DELETED> (b) Compact.--The compact submitted under this section
with respect to the Schuylkill River National Heritage Area shall
consist of an agreement between the Secretary and the Schuylkill River
Greenway Association (who shall serve as the management entity for the
area). Such agreement shall define the area (including a delineation of
the boundaries), describe anticipated programs for the area, and
include information relating to the objectives and management of the
area. Such information shall include, but not be limited to, an
explanation of the proposed approach to the conservation and
interpretation of the area and a general outline of the protection
measures committed to by the partners.</DELETED>
<DELETED> (c) Authorities and Duties.--The authorities and duties of
the management entity and other Federal agencies for the Schuylkill
River National Heritage Area shall be the same as provided for by
sections 5 and 6 of this Act, except that for such purposes any
reference in such sections to the ``Heritage Area'' shall be deemed to
be a reference to the Schuylkill River National Heritage Area and any
reference to the ``management entity'' shall be deemed a reference to
the Schuylkill River Greenway Association.</DELETED>
<DELETED>SEC. 8. CULTURE AND HERITAGE OF ANTHRACITE COAL
REGION.</DELETED>
<DELETED> All authorized existing and future heritage area
management entities in the Anthracite Coal Region in Pennsylvania are
authorized and directed to coordinate with one another in the
management of such areas. Each such management entity is authorized to
use funds appropriated for such heritage areas for the purposes of this
section.</DELETED>
<DELETED>SEC. 9. SUNSET.</DELETED>
<DELETED> The Secretary may not make any grant or provide any
assistance under this Act after September 30, 2012.</DELETED>
<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) In General.--There is authorized to be appropriated
under this Act not more than $1,000,000 for any fiscal year for each
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