[House Report 115-670]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-670
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SUSQUEHANNA NATIONAL HERITAGE AREA ACT
_______
May 11, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 2991]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2991) to establish the Susquehanna National
Heritage Area in the State of Pennsylvania, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Susquehanna National Heritage Area
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Susquehanna National Heritage Area established by section 3(a).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the Heritage
Area designated by section 4(a).
(3) Management plan.--The term ``management plan'' means the
plan developed by the local coordinating entity under section
5(a).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means the State of
Pennsylvania.
SEC. 3. SUSQUEHANNA NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Susquehanna National
Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall include Lancaster and York
Counties, Pennsylvania.
SEC. 4. DESIGNATION OF LOCAL COORDINATING ENTITY.
(a) Local Coordinating Entity.--The Susquehanna Heritage Corporation,
a nonprofit organization established under the laws of the State, shall
be the local coordinating entity for the Heritage Area.
(b) Authorities of Local Coordinating Entity.--The local coordinating
entity may, for purposes of preparing and implementing the management
plan--
(1) prepare reports, studies, interpretive exhibits and
programs, historic preservation projects, and other activities
recommended in the management plan for the Heritage Area;
(2) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(3) enter into cooperative agreements with the State,
political subdivisions of the State, nonprofit organizations,
and other organizations;
(4) hire and compensate staff;
(5) obtain funds or services from any source, including funds
and services provided under any Federal program or law, in
which case the Federal share of the cost of any activity
carried out using Federal funds shall not be more than 50
percent; and
(6) to contract for goods and services.
(c) Duties of Local Coordinating Entity.--To further the purposes of
the Heritage Area, the local coordinating entity shall--
(1) prepare a management plan for the Heritage Area in
accordance with section 5;
(2) give priority to the implementation of actions, goals,
and strategies set forth in the management plan, including
assisting units of government and other persons in--
(A) carrying out programs and projects that recognize
and protect important resource values in the Heritage
Area;
(B) encouraging economic viability in the Heritage
Area in accordance with the goals of the management
plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing heritage-based recreational and
educational opportunities for residents and visitors in
the Heritage Area;
(E) increasing public awareness of and appreciation
for the natural, historic, and cultural resources of
the Heritage Area;
(F) restoring historic buildings that are--
(i) located in the Heritage Area; and
(ii) related to the themes of the Heritage
Area; and
(G) installing throughout the Heritage Area clear,
consistent, and appropriate signs identifying public
access points and sites of interest;
(3) consider the interests of diverse units of government,
businesses, tourism officials, private property owners, and
nonprofit groups within the Heritage Area in developing and
implementing the management plan;
(4) conduct public meetings at least semiannually regarding
the development and implementation of the management plan; and
(5) for any fiscal year for which Federal funds are expended
for the Heritage Area--
(A) submit to the Secretary an annual report that
describes--
(i) the accomplishments of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity; and
(iii) the entities to which the local
coordinating entity made any grants;
(B) make available for audit all records relating to
the expenditure of the Federal funds and any matching
funds; and
(C) require, with respect to all agreements
authorizing the expenditure of Federal funds by other
organizations, that the receiving organizations make
available for audit all records relating to the
expenditure of the Federal funds.
(d) Prohibition on Acquisition of Real Property.--
(1) In general.--The local coordinating entity shall not use
Federal funds to acquire real property or any interest in real
property.
(2) Other sources.--Nothing in this Act precludes the local
coordinating entity from using funds from other sources for
authorized purposes, including the acquisition of real property
or any interest in real property.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which funds
are first made available to carry out this Act, the local coordinating
entity shall prepare and submit to the Secretary a management plan for
the Heritage Area.
(b) Contents.--The management plan for the Heritage Area shall--
(1) include comprehensive policies, strategies, and
recommendations for the conservation, funding, management, and
development of the Heritage Area;
(2) include a description of actions and commitments that
governments, private organizations, and citizens will take to
protect, enhance, and interpret the natural, historic, scenic,
and cultural resources of the Heritage Area;
(3) describe a program of implementation for the management
plan that includes--
(A) performance goals and ongoing performance
evaluation;
(B) plans for resource protection, enhancement and
interpretation; and
(C) specific commitments for implementation that have
been made by the local coordinating entity or any
government, organization, business or individual;
(4) include an interpretative plan for the Heritage Area;
(5) take into consideration existing State, county, and local
plans;
(6) specify the existing and potential sources of funding to
protect, manage, and develop the Heritage Area;
(7) include an inventory of the natural, historic, cultural,
educational, scenic, and recreational resources of the Heritage
Area relating to the themes of the Heritage Area that should be
preserved, restored, managed, developed, or maintained; and
(8) include an analysis of, and recommendations for, ways in
which Federal, State, and local programs, may best be
coordinated to further the purposes of this Act, including
recommendations for the role of the National Park Service in
the Heritage Area.
(c) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date on
which the local coordinating entity submits the management plan
to the Secretary, the Secretary shall approve or disapprove the
proposed management plan.
(2) Considerations.--In determining whether to approve or
disapprove the management plan, the Secretary shall consider
whether--
(A) the local coordinating entity is representative
of the diverse interests of the Heritage Area,
including governments, natural and historic resource
protection organizations, educational institutions,
businesses, and recreational organizations;
(B) the local coordinating entity has provided
adequate opportunities (including public meetings) for
public and governmental involvement in the preparation
of the management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historic, and cultural resources of the Heritage Area;
and
(D) the management plan is supported by the
appropriate State and local officials, the cooperation
of which is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Disapproval and revisions.--
(A) In general.--If the Secretary disapproves a
proposed management plan, the Secretary shall--
(i) advise the local coordinating entity, in
writing, of the reasons for the disapproval;
and
(ii) make recommendations for revision of the
proposed management plan.
(B) Approval or disapproval.--The Secretary shall
approve or disapprove a revised management plan not
later than 180 days after the date on which the revised
management plan is submitted.
(d) Approval of Amendments.--The Secretary shall review and approve
or disapprove substantial amendments to the management plan in
accordance with subsection (c).
SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity to the extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of Federal
land under the jurisdiction of a Federal agency.
SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any property owner (whether public
or private), including the right to refrain from participating
in any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, or local agency, or conveys any land use or other
regulatory authority to the local coordinating entity;
(4) authorizes or implies the reservation or appropriation of
water or water rights;
(5) affects the licensing or relicensing of facilities by the
Federal Energy Regulatory Commission within the proposed
Heritage Area or upstream or downstream from the proposed
Heritage Area on the Susquehanna River, including FERC Project
No. 405-104;
(6) diminishes the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
SEC. 8. EVALUATION; REPORT.
(a) In General.--Not later than 3 years after the approval of the
management plan under section 5(c), the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity with
respect to--
(A) accomplishing the purposes of this Act for the
Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(c) Report.--
(1) In general.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(2) Submission to congress.--On completion of the report, the
Secretary 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. 9. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act.
PURPOSE OF THE BILL
The purpose of H.R. 2991 is to establish the Susquehanna
National Heritage Area in the State of Pennsylvania.
BACKGROUND AND NEED FOR LEGISLATION
The proposed Susquehanna National Heritage Area encompasses
both Lancaster and York counties in South Central Pennsylvania.
The area currently holds a State designation as a Pennsylvania
Heritage Area.\1\
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\1\``Facts and Figures'' Heritage PA. http://www.heritagepa.com/
facts-and-figures/
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The Susquehanna Heritage Corporation is a local non-profit
organization focused on the Susquehanna River and the
communities and landscapes along the River in Lancaster and
York Counties. It is part of Heritage PA, a network of State-
designated Pennsylvania Heritage Areas. The Corporation
advocates for local involvement in the area and since 2001 has
helped raise over $18 million for the current State heritage
area through local support, State and federal grants, and
private donations.\2\
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\2\``Who We Are'' Susquehanna Heritage. http://
www.susquehannaheritage.org/about-us/mission-vision/
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Named after the Susquehannock, an Iroquoian tribe that
lived along the River, the Susquehanna River is approximately
444 miles long, making it the longest river on the East Coast
and the 16th longest river in the United States. The River
flows from upstate New York to the Chesapeake Bay passing along
both Lancaster and York Counties in Pennsylvania. The
Susquehanna is broad and shallow with an average daily flow of
22 billion gallons of water making it ideal for boating and
fishing.\3\
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\3\``The Susquehanna River'' Visit Central PA. http://
www.visitcentralpa.org/things-to-do/the-susquehanna-river
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Formed in 1729 after residents petitioned for a new county,
Lancaster became the fourth county in Pennsylvania. Located
along the Susquehanna River, Lancaster County quickly prospered
and served as the State capital from 1799 to 1812.\4\ Today,
the County is a tourist destination featuring Pennsylvania
Dutch Country museums, outdoor activities, authentic Amish
experiences, and a historic downtown.\5\
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\4\``Lancaster History'' Lancaster County Pennsylvania. https://
www.co.lancaster.pa.us/195/Lancaster-History
\5\``Things to Do'' Discover Lancaster. http://
www.discoverlancaster.com/activities/index.asp
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York County was founded in 1749 after being deeded to
Pennsylvania by the American Indians who inhabited the area.
Since its founding, many residents of the County played
significant roles in the American Revolution and the Civil War.
Following the Revolution, York County was primarily an
agricultural community and served as a place for continued
industrialization as the coal-burning locomotive was perfected
in York County.\6\
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\6\``York County History'' York County Pennsylvania. https://
yorkcountypa.gov/about-york-county/york-county-history.html
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H.R. 2991, the Susquehanna National Heritage Area Act,
would establish the Susquehanna National Heritage Area in
Pennsylvania and designate the Susquehanna Heritage Corporation
as the local coordinating entity for the area.
COMMITTEE ACTION
H.R. 2991 was introduced on June 21, 2017, by Congressman
Lloyd Smucker (R-PA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On April 11, 2018, the Subcommittee held a
hearing on the legislation. On April 18, 2018, the Natural
Resources Committee met to consider the bill. The Subcommittee
was discharged by unanimous consent. Congressman Rob Bishop (R-
UT) offered an amendment designated #1; it was adopted by
unanimous consent. No additional amendments were offered and
the bill, as amended, was ordered favorably reported to the
House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 11, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2991, the
Susquehanna National Heritage Area Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 2991--Susquehanna National Heritage Area Act
H.R. 2991 would establish the Susquehanna National Heritage
Area (NHA) in Lancaster and York Counties, Pennsylvania. The
bill also would designate the Susquehanna Heritage Corporation,
a non-profit organization, as the local coordinating entity and
would require the corporation to submit a management plan for
the Susquehanna NHA. The bill would direct the National Park
Service (NPS) to provide assistance to local partners.
The NPS provides technical and financial assistance to NHAs
through the Heritage Partnership Program. According to the NPS,
under that program the agency typically awards $150,000
annually to newly established NHAs. Based on the experience of
other NHAs, CBO estimates that implementing H.R. 2991 would
cost about $1 million over the 2019-2023 period; such spending
would be subject to the availability of appropriated funds.
Enacting H.R. 2991 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 2991 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 2991 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to establish the Susquehanna National
Heritage Area in the State of Pennsylvania.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.