[Senate Report 110-175]
[From the U.S. Government Publishing Office]
Calendar No. 373
110th Congress Report
SENATE
1st Session 110-175
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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.