[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 940 Enrolled Bill (ENR)]
H.R.940
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To designate the Lackawanna Valley and the Schuylkill River National
Heritage Areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

3949f66b2804c2cb9db7212c31c40a16805ac0d60f6868e09b00b8ec482e424e

This title may be cited as the ``Lackawanna Valley National
Heritage Area Act of 2000''.

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TITLE I

-LACKAWANNA VALLEY NATIONAL HERITAGE AREA

(a) Findings.--Congress finds that--
(1) the industrial and cultural heritage of northeastern
Pennsylvania, including Lackawanna County, Luzerne County, Wayne
County, and Susquehanna County, related directly to anthracite and
anthracite-related industries, is nationally significant;
(2) the industries referred to in paragraph (1) include
anthracite mining, ironmaking, textiles, and rail transportation;
(3) the industrial and cultural heritage of the anthracite and
anthracite-related industries in the region described in paragraph
(1) includes the social history and living cultural traditions of
the people of the region;
(4) the labor movement of the region played a significant role
in the development of the Nation, including--
(A) the formation of many major unions such as the United
Mine Workers of America; and
(B) crucial struggles to improve wages and working
conditions, such as the 1900 and 1902 anthracite strikes;
(5)(A) the Secretary of the Interior is responsible for
protecting the historical and cultural resources of the United
States; and
(B) there are significant examples of those resources within
the region described in paragraph (1) that merit the involvement of
the Federal Government to develop, in cooperation with the
Lackawanna Heritage Valley Authority, the Commonwealth of
Pennsylvania, and local and governmental entities, programs and
projects to conserve, protect, and interpret this heritage
adequately for future generations, while providing opportunities
for education and revitalization; and
(6) the Lackawanna Heritage Valley Authority would be an
appropriate management entity for a Heritage Area established in
the region described in paragraph (1).
(b) Purposes.--The purposes of the Lackawanna Valley National
Heritage Area are--
(1) to foster a close working relationship among all levels of
government, the private sector, and the local communities in the
anthracite coal region of northeastern Pennsylvania and enable the
communities to conserve their heritage while continuing to pursue
economic opportunities; and
(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 described
in subsection (a)(1).

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In this title:
(1) Heritage area.--The term ``Heritage Area'' means the
Lackawanna Valley National Heritage Area established by section
104.
(2) Management entity.--The term ``management entity'' means
the management entity for the Heritage Area specified in section
104(c).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under section
106(b).
(4) Partner.--The term ``partner'' means--
(A) a Federal, State, or local governmental entity; and
(B) an organization, private industry, or individual
involved in promoting the conservation and preservation of the
cultural and natural resources of the Heritage Area.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.

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(a) Establishment.--There is established the Lackawanna Valley
National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of all or
parts of Lackawanna County, Luzerne County, Wayne County, and
Susquehanna County, Pennsylvania, determined in accordance with the
compact under section 105.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Lackawanna Heritage Valley Authority.

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(a) In General.--To carry out this title, the Secretary shall enter
into a compact with the management entity.
(b) Contents of Compact.--The compact shall include information
relating to the objectives and management of the area, including--
(1) a delineation of the boundaries of the Heritage Area; and
(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.

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(a) Authorities of Management Entity.--The management entity may,
for the purposes of preparing and implementing the management plan, use
funds made available under this title to hire and compensate staff.
(b) Management Plan.--
(1) In general.--The management entity shall develop a
management plan for the Heritage Area that presents comprehensive
recommendations for the conservation, funding, management, and
development of the Heritage Area.
(2) Consideration of other plans and actions.--The management
plan shall--
(A) take into consideration State, county, and local plans;
(B) involve residents, public agencies, and private
organizations working in the Heritage Area; and
(C) include actions to be undertaken by units of government
and private organizations to protect the resources of the
Heritage Area.
(3) Specification of funding sources.--The management plan
shall specify the existing and potential sources of funding
available to protect, manage, and develop the Heritage Area.
(4) Other required elements.--The management plan shall include
the following:
(A) 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 purposes of the Heritage Area and that
should be preserved, restored, managed, developed, or
maintained because of its historical, cultural, natural,
recreational, or scenic significance.
(B) A recommendation of policies for resource management
that considers and details application of appropriate land and
water management techniques, including the development of
intergovernmental cooperative agreements to protect the
historical, cultural, natural, and recreational resources of
the Heritage Area in a manner that is consistent with the
support of appropriate and compatible economic viability.
(C) A program for implementation of the management plan by
the management entity, including--
(i) plans for restoration and construction; and
(ii) specific commitments of the partners for the first
5 years of operation.
(D) An analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of
this Act.
(E) An interpretation plan for the Heritage Area.
(5) Submission to secretary for approval.--
(A) In general.--Not later than the last day of the 3-year
period beginning on the date of the enactment of this Act, the
management entity shall submit the management plan to the
Secretary for approval.
(B) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the day referred to in
subparagraph (A), the Secretary shall not, after that day,
provide any grant or other assistance under this title with
respect to the Heritage Area until a management plan for the
Heritage Area is submitted to the Secretary.
(c) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions specified in the
compact and management plan, including steps to assist units of
government and nonprofit organizations in preserving the Heritage
Area;
(2) assist units of government and nonprofit organizations in--
(A) establishing and maintaining interpretive exhibits in
the Heritage Area;
(B) developing recreational resources in the Heritage Area;
(C) increasing public awareness of and appreciation for the
historical, natural, and architectural resources and sites in
the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(3) encourage economic viability in the Heritage Area
consistent with the goals of the management plan;
(4) encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the goals
of the management plan;
(5) assist units of government and nonprofit organizations to
ensure that clear, consistent, and environmentally appropriate
signs identifying access points and sites of interest are placed
throughout the Heritage Area;
(6) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area;
(7) conduct public meetings not less often than quarterly
concerning the implementation of the management plan;
(8) submit substantial amendments (including any increase of
more than 20 percent in the cost estimates for implementation) to
the management plan to the Secretary for the Secretary's approval;
and
(9) for each year in which Federal funds have been received
under this title--
(A) submit a report to the Secretary that specifies--
(i) the accomplishments of the management entity; and
(ii) the expenses and income of the management entity;
(B) make available to the Secretary for audit all records
relating to the expenditure of such funds and any matching
funds; and
(C) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
receiving organizations make available to the Secretary for
audit all records concerning the expenditure of such funds.
(d) Use of Federal Funds.--
(1) Funds made available under this title.--The management
entity shall not use Federal funds received under this title to
acquire real property or any interest in real property.
(2) Funds from other sources.--Nothing in this title precludes
the management entity from using Federal funds obtained through law
other than this title for any purpose for which the funds are
authorized to be used.

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(a) Technical and Financial Assistance.--
(1) Provision of assistance.--The Secretary may, at the request
of the management entity, provide technical and financial
assistance to the management entity to develop and implement the
management plan.
(2) Priority in assistance.--In assisting the management
entity, the Secretary shall give priority to actions that assist
in--
(A) conserving the significant historical, cultural, and
natural resources that support the purpose of the Heritage
Area; and
(B) providing educational, interpretive, and recreational
opportunities consistent with the resources and associated
values of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--
(1) In general.--The Secretary, in consultation with the
Governor of the Commonwealth of Pennsylvania, shall approve or
disapprove a management plan submitted under this title not later
than 90 days after receipt of the management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a management
plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval and shall make
recommendations for revisions to the management plan.
(B) Deadline for approval of revision.--The Secretary shall
approve or disapprove a proposed revision within 90 days after
the date on which the revision is submitted to the Secretary.
(c) Approval of Amendments.--
(1) Review.--The Secretary shall review substantial amendments
(as determined under section 106(c)(8)) to the management plan for
the Heritage Area.
(2) Requirement of approval.--Funds made available under this
title shall not be expended to implement the amendments described
in paragraph (1) until the Secretary approves the amendments.

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The Secretary shall not provide any grant or other assistance under
this title after September 30, 2012.

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(a) In General.--There is authorized to be appropriated to carry
out this title $10,000,000, except that not more than $1,000,000 may be
appropriated to carry out this title for any fiscal year.
(b) 50-Percent Match.--The Federal share of the cost of activities
carried out using any assistance or grant under this title shall not
exceed 50 percent.

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This title may be cited as the ``Schuylkill River Valley National
Heritage Area Act''.

d52a216b6cda4bfe4c5e1208da32b9d89f92db27e65e3225d033af604d8f65f6

TITLE II

-SCHUYLKILL RIVER VALLEY NATIONAL HERITAGE AREA

(a) Findings.--Congress finds that--
(1) the Schuylkill River Valley made a unique contribution to
the cultural, political, and industrial development of the United
States;
(2) the Schuylkill River is distinctive as the first spine of
modern industrial development in Pennsylvania and one of the first
in the United States;
(3) the Schuylkill River Valley played a significant role in
the struggle for nationhood;
(4) the Schuylkill River Valley developed a prosperous and
productive agricultural economy that survives today;
(5) the Schuylkill River Valley developed a charcoal iron
industry that made Pennsylvania the center of the iron industry
within the North American colonies;
(6) the Schuylkill River Valley developed into a significant
anthracite mining region that continues to thrive today;
(7) the Schuylkill River Valley developed early transportation
systems, including the Schuylkill Canal and the Reading Railroad;
(8) the Schuylkill River Valley developed a significant
industrial base, including textile mills and iron works;
(9) there is a longstanding commitment to--
(A) repairing the environmental damage to the river and its
surroundings caused by the largely unregulated industrial
activity; and
(B) completing the Schuylkill River Trail along the 128-
mile corridor of the Schuylkill Valley;
(10) there is a need to provide assistance for the preservation
and promotion of the significance of the Schuylkill River as a
system for transportation, agriculture, industry, commerce, and
immigration; and
(11)(A) the Department of the Interior is responsible for
protecting the Nation's cultural and historical resources; and
(B) there are significant examples of such resources within the
Schuylkill River Valley to merit the involvement of the Federal
Government in the development of programs and projects, in
cooperation with the Schuylkill River Greenway Association, the
State 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.
(b) Purposes.--The purposes of this title are--
(1) to foster a close working relationship with all levels of
government, the private sector, and the local communities in the
Schuylkill River Valley of southeastern Pennsylvania and enable the
communities to conserve their heritage while continuing to pursue
economic opportunities; and
(2) to conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the Schuylkill River Valley of
southeastern Pennsylvania.

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In this title:
(1) Cooperative agreement.--The term ``cooperative agreement''
means the cooperative agreement entered into under section 204(d).
(2) Heritage area.--The term ``Heritage Area'' means the
Schuylkill River Valley National Heritage Area established by
section 204.
(3) Management entity.--The term ``management entity'' means
the management entity of the Heritage Area appointed under section
204(c).
(4) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under section 205.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of Pennsylvania.

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(a) In General.--For the purpose of preserving and interpreting for
the educational and inspirational benefit of present and future
generations certain land and structures with unique and significant
historical and cultural value associated with the early development of
the Schuylkill River Valley, there is established the Schuylkill River
Valley National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of the
Schuylkill River watershed within the counties of Schuylkill, Berks,
Montgomery, Chester, and Philadelphia, Pennsylvania, as delineated by
the Secretary.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Schuylkill River Greenway Association.
(d) Cooperative Agreement.--
(1) In general.--To carry out this title, the Secretary shall
enter into a cooperative agreement with the management entity.
(2) Contents.--The cooperative agreement shall include
information relating to the objectives and management of the
Heritage Area, including--
(A) a description of the goals and objectives of the
Heritage Area, including a description of the approach to
conservation and interpretation of the Heritage Area;
(B) an identification and description of the management
entity that will administer the Heritage Area; and
(C) a description of the role of the State.

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(a) In General.--Not later than 3 years after the date of the
enactment of this title, the management entity shall submit to the
Secretary for approval a management plan for the Heritage Area that
presents comprehensive recommendations for the conservation, funding,
management, and development of the Heritage Area.
(b) Requirements.--The management plan shall--
(1) take into consideration State, county, and local plans;
(2) involve residents, public agencies, and private
organizations working in the Heritage Area;
(3) specify, as of the date of the plan, existing and potential
sources of funding to protect, manage, and develop the Heritage
Area; and
(4) include--
(A) actions to be undertaken by units of government and
private organizations to protect the resources of the Heritage
Area;
(B) 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, historical,
recreational, or scenic significance;
(C) a recommendation of policies for resource management
that considers and details application of appropriate land and
water management techniques, including the development of
intergovernmental cooperative agreements to protect the
historical, cultural, recreational, and natural resources of
the Heritage Area in a manner consistent with supporting
appropriate and compatible economic viability;
(D) a program for implementation of the management plan by
the management entity;
(E) an analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of
this title; and
(F) an interpretation plan for the Heritage Area.
(c) Disqualification From Funding.--If a management plan is not
submitted to the Secretary on or before the date that is 3 years after
the date of the enactment of this title, the Heritage Area shall be
ineligible to receive Federal funding under this title until the date
on which the Secretary receives the management plan.
(d) Update of Plan.--In lieu of developing an original management
plan, the management entity may update and submit to the Secretary the
Schuylkill Heritage Corridor Management Action Plan that was approved
by the State in March, 1995, to meet the requirements of this section.

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(a) Authorities of the Management Entity.--For purposes of
preparing and implementing the management plan, the management entity
may--
(1) make grants to, and enter into cooperative agreements with,
the State and political subdivisions of the State, private
organizations, or any person; and
(2) hire and compensate staff.
(b) Duties of the Management Entity.--The management entity shall--
(1) develop and submit the management plan under section 205;
(2) give priority to implementing actions set forth in the
cooperative agreement and the management plan, including taking
steps to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in--
(i) preserving the Heritage Area;
(ii) establishing and maintaining interpretive exhibits
in the Heritage Area;
(iii) developing recreational resources in the Heritage
Area;
(iv) increasing public awareness of and, appreciation
for, the natural, historical, and architectural resources
and sites in the Heritage Area;
(v) restoring historic buildings relating to the themes
of the Heritage Area; and
(vi) ensuring that clear, consistent, and
environmentally appropriate signs identifying access points
and sites of interest are installed throughout the Heritage
Area;
(B) encourage economic viability in the Heritage Area
consistent with the goals of the management plan; and
(C) encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the
goals of the management plan;
(3) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area;
(4) conduct public meetings at least quarterly regarding the
implementation of the management plan;
(5) submit substantial changes (including any increase of more
than 20 percent in the cost estimates for implementation) to the
management plan to the Secretary for the approval of the Secretary;
and
(6) for any fiscal year in which Federal funds are received
under this title--
(A) submit to the Secretary a report describing--
(i) the accomplishments of the management entity;
(ii) the expenses and income of the management entity;
and
(iii) each entity to which the management entity made
any grant during the fiscal year;
(B) make available for audit all records pertaining to the
expenditure of Federal funds and any matching funds, and
require, for all agreements authorizing expenditure of Federal
funds by organizations other than the management entity, that
the receiving organizations make available for audit all
records pertaining to the expenditure of such funds; and
(C) require, for all agreements authorizing expenditure of
Federal funds by organizations other than the management
entity, that the receiving organizations make available for
audit all records pertaining to the expenditure of Federal
funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use Federal
funds received under this title to acquire real property or an
interest in real property.
(2) Other sources.--Nothing in this title precludes the
management entity from using Federal funds from other sources for
their permitted purposes.
(d) 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 title, 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.

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(a) Technical and Financial Assistance.--
(1) In general.--At the request of the management entity, the
Secretary may provide technical and financial assistance to the
Heritage Area to develop and implement the management plan.
(2) Priorities.--In assisting the management entity, the
Secretary shall give priority to actions that assist in--
(A) conserving the significant natural, historical, and
cultural resources that support the themes of the Heritage
Area; and
(B) providing educational, interpretive, and recreational
opportunities consistent with the resources and associated
values of the Heritage Area.
(b) Approval and Disapproval of Cooperative Agreements and
Management Plans.--
(1) In general.--Not later than 90 days after receiving a
cooperative agreement or management plan submitted under this
title, the Secretary, in consultation with the Governor of the
State, shall approve or disapprove the cooperative agreement or
management plan.
(2) Management plan contents.--In reviewing the plan, the
Secretary shall consider whether the composition of the management
entity and the plan adequately reflect diverse interest of the
region, including those of--
(A) local elected officials;
(B) the State;
(C) business and industry groups;
(D) organizations interested in the protection of natural
and cultural resources; and
(E) other community organizations and individual
stakeholders.
(3) Action following disapproval.--
(A) In general.--If the Secretary disapproves a cooperative
agreement or management plan, the Secretary shall--
(i) advise the management entity in writing of the
reasons for the disapproval; and
(ii) make recommendations for revisions in the
cooperative agreement or plan.
(B) Time period for disapproval.--Not later than 90 days
after the date on which a revision described under subparagraph
(A)(ii) is submitted, the Secretary shall approve or disapprove
the proposed revision.
(c) Approval of Amendments.--
(1) In general.--The Secretary shall review and approve
substantial amendments to the management plan.
(2) Funding expenditure limitation.--Funds appropriated under
this title may not be expended to implement any substantial
amendment until the Secretary approves the amendment.

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(a) In General.--The management entities of heritage areas (other
than the Heritage Area) in the anthracite coal region in the State
shall cooperate in the management of the Heritage Area.
(b) Funding.--Management entities described in subsection (a) may
use funds appropriated for management of the Heritage Area to carry out
this section.

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The Secretary may not make any grant or provide any assistance
under this title after the date that is 15 years after the date of the
enactment of this title.

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(a) In General.--There are authorized to be appropriated to carry
out this title not more than $10,000,000, of which not more than
$1,000,000 is authorized to be appropriated for any 1 fiscal year.
(b) Federal Share.--Federal funding provided under this title may
not exceed 50 percent of the total cost of any project or activity
funded under this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

23fda9b1d595b9e347d29ed7b7f23b60de052ba262ec3de84914d550f68bcad9

Lackawanna Valley National Heritage Area Act of 1999

Other Sections

TITLE I

TITLE II

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