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106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-285
LACKAWANNA VALLEY NATIONAL HERITAGE AREA ACT OF 1999
August 3, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. Young of Alaska, from the Committee on Resources, submitted the
R E P O R T
[To accompany H.R. 940]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 940) to establish the Lackawanna Heritage Valley American
Heritage Area, having considered the same, report favorably
thereon with amendments and recommend that the bill as amended
The amendments are 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 ``Lackawanna Valley National Heritage
Area Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The industrial and cultural heritage of northeastern
Pennsylvania inclusive of Lackawanna, Luzerne, Wayne, and
Susquehanna counties, related directly to anthracite and
anthracite-related industries, is nationally significant, as
documented in the United States Department of the Interior-
National Parks Service, National Register of Historic Places,
Multiple Property Documentation submittal of the Pennsylvania
Historic and Museum Commission (1996).
(2) These industries include anthracite mining, ironmaking,
textiles, and rail transportation.
(3) The industrial and cultural heritage of the anthracite
and related industries in this region includes the social
history and living cultural traditions of the people of the
(4) The labor movement of the region played a significant
role in the development of the Nation including the formation
of many key unions such as the United Mine Workers of America,
and crucial struggles to improve wages and working conditions,
such as the 1900 and 1902 anthracite strikes.
(5) The Department of the Interior is responsible for
protecting the Nation's cultural and historic resources, and
there are significant examples of these resources within this
4-county region to merit the involvement of the Federal
Government to develop programs and projects, in cooperation
with the Lackawanna Heritage Valley Authority, the Commonwealth
of Pennsylvania, and other local and governmental bodies, to
adequately conserve, protect, and interpret this heritage for
future generations, while providing opportunities for education
(6) The Lackawanna Heritage Valley Authority would be an
appropriate management entity for a Heritage Area established
in the region.
(b) Purpose.--The objectives of the Lackawanna Valley National
Heritage Area are as follows:
(1) To foster a close working relationship with all levels of
government, the private sector, and the local communities in
the anthracite coal region of northeastern Pennsylvania and
empower the communities to conserve their heritage while
continuing to pursue economic opportunities.
(2) To conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the 4-county region of
SEC. 3. LACKAWANNA VALLEY NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Lackawanna Valley
National Heritage Area (in this Act referred to as the ``Heritage
(b) Boundaries.--The Heritage Area shall be comprised of all or parts
of the counties of Lackawanna, Luzerne, Wayne, and Susquehanna in
Pennsylvania, determined pursuant to the compact under section 4.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Lackawanna Heritage Valley Authority.
SEC. 4. COMPACT.
To carry out the purposes of this Act, the Secretary of the Interior
(in this Act referred to as the ``Secretary'') shall enter into a
compact with the management entity. The compact shall include
information relating to the objectives and management of the area,
including each of the following:
(1) A delineation of the boundaries of the Heritage Area.
(2) A discussion of the goals and objectives of the Heritage
Area, including an explanation of the proposed approach to
conservation and interpretation and a general outline of the
protection measures committed to by the partners.
SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management entity may,
for purposes of preparing and implementing the management plan
developed under subsection (b), use funds made available through this
Act for the following:
(1) To make grants to, and enter into cooperative agreements
with States and their political subdivisions, private
organizations, or any person.
(2) To hire and compensate staff.
(3) To enter into contracts for goods and services.
(b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that presents recommendations for
the Heritage Area's conservation, funding, management, and development.
Such plan shall take into consideration existing State, county, and
local plans and involve residents, public agencies, and private
organizations working in the Heritage Area. It shall include
recommendations for actions to be undertaken by units of government and
private organizations to protect the resources of the Heritage Area. It
shall specify the existing and potential sources of funding to protect,
manage, and develop the Heritage Area. Such plan shall include, as
appropriate, the following:
(1) An inventory of the resources contained in the Heritage
Area, including a list of any property in the Heritage Area
that is related to the themes of the Heritage Area and that
should be preserved, restored, managed, developed, or maintained
because of its natural, cultural, historic, recreational, or
(2) A recommendation of policies for resource management
which considers and details application of appropriate land and
water management techniques, including, but not limited to, the
development of intergovernmental cooperative agreements to
protect the Heritage Area's historical, cultural, recreational,
and natural resources in a manner consistent with supporting
appropriate and compatible economic viability.
(3) A program for implementation of the management plan by
the management entity, including plans for restoration and
construction, and specific commitments of the identified
partners for the first 5 years of operation.
(4) An analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of
(5) An interpretation plan for the Heritage Area.
The management entity shall submit the management plan to the Secretary
for approval within 3 years after the date of enactment of this Act. If
a management plan is not submitted to the Secretary as required within
the specified time, the Heritage Area shall no longer qualify for
(c) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions set forth in the
compact and management plan, including steps to assist units of
government, regional planning organizations, and nonprofit
organizations in preserving the Heritage Area;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in establishing and
maintaining interpretive exhibits in the Heritage Area; assist
units of government, regional planning organizations, and
nonprofit organizations in developing recreational resources in
the Heritage Area;
(3) assist units of government, regional planning
organizations, and nonprofit organizations in increasing public
awareness of and appreciation for the natural, historical, and
architectural resources and sites in the Heritage Area; assist
units of government, regional planning organizations and
nonprofit organizations in the restoration of any historic
building relating to the themes of the Heritage Area;
(4) encourage economic viability in the Heritage Area
consistent with the goals of the plan; encourage local
governments to adopt land use policies consistent with the
management of the Heritage Area and the goals of the plan;
(5) assist units of government, regional planning
organizations, and nonprofit organizations to ensure that
clear, consistent, and environmentally appropriate signs
identifying access points and sites of interest are put in
place throughout the Heritage Area;
(6) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area;
(7) conduct public meetings at least quarterly regarding the
implementation of the management plan; and
(8) for any year in which Federal funds have been received
under this Act, make available for audit all records pertaining
to the expenditure of such funds and any matching funds, and
require, for all agreements authorizing expenditure of Federal
funds by other organizations, that the receiving organizations
make available for audit all records pertaining to the
expenditure of such funds.
(d) Prohibition on the Acquisition of Real Property.--The management
entity may not use Federal funds received under this Act to acquire
real property or an interest in real property. Nothing in this Act
shall preclude any management entity from using Federal funds from
other sources for their permitted purposes.
(e) Spending for non-federally owned property.--The management entity
may spend Federal funds directly on non-federally owned property to
further the purposes of this Act, especially in assisting units of
government in appropriate treatment of districts, sites, buildings,
structures, and objects listed or eligible for listing on the National
Register of Historic Places.
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--The Secretary may, upon
request of the management entity, provide technical and financial
assistance to the management entity to develop and implement the
management plan. In assisting the management entity, the Secretary
shall give priority to actions that in general assist in--
(1) conserving the significant natural, historic, and
cultural resources which support its themes; and
(2) providing educational, interpretive, and recreational
opportunities consistent with its resources and associated
(b) Approval and Disapproval of Management Plans.--The Secretary, in
consultation with the Governor of Pennsylvania, shall approve or
disapprove a management plan submitted under this Act not later than 90
days after receiving such management plan.
(c) Action Following Disapproval.--If the Secretary disapproves a
submitted management plan, the Secretary shall advise the management
entity in writing of the reasons therefore and shall make
recommendations for revisions in the plan. The Secretary shall approve
or disapprove a proposed revision within 90 days after the date it is
(d) Approving Amendments.--The Secretary shall review substantial
amendments to the management plan for the Heritage Area. Funds
appropriated pursuant to this Act may not be expended to implement the
changes made by such amendments until the Secretary approves the
SEC. 7. ADDITIONAL ANTHRACITE COAL REGION DESIGNATION.
(a) Designation.--Upon publication by the Secretary in the Federal
Register of notice that the Secretary has signed a compact (as provided
for in subsection (b)) there is hereby designated the Schuylkill River
National Heritage Area.
(b) Compact.--The compact submitted under this section with respect
to the Schuylkill River National Heritage Area shall consist of an
agreement between the Secretary and the Schuylkill River Greenway
Association (who shall serve as the management entity for the area).
Such agreement shall define the area (including a delineation of the
boundaries), describe anticipated programs for the area, and include
information relating to the objectives and management of the area. Such
information shall include, but not be limited to, an explanation of the
proposed approach to the conservation and interpretation of the area
and a general outline of the protection measures committed to by the
(c) Authorities and Duties.--The authorities and duties of the
management entity and other Federal agencies for the Schuylkill River
National Heritage Area shall be the same as provided for by sections 5
and 6 of this Act, except that for such purposes any reference in such
sections to the ``Heritage Area'' shall be deemed to be a reference to
the Schuylkill River National Heritage Area and any reference to the
``management entity'' shall be deemed a reference to the Schuylkill
River Greenway Association.
SEC. 8. CULTURE AND HERITAGE OF ANTHRACITE COAL REGION.
All authorized existing and future heritage area management entities
in the Anthracite Coal Region in Pennsylvania are authorized and
directed to coordinate with one another in the management of such
areas. Each such management entity is authorized to use funds
appropriated for such heritage areas for the purposes of this section.
SEC. 9. SUNSET.
The Secretary may not make any grant or provide any assistance under
this Act after September 30, 2012.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
Act not more than $1,000,000 for any fiscal year for each heritage area
designated by this Act. Not more than a total of $10,000,000 may be
appropriated for each heritage area under this Act.
(b) 50 Percent Match.--Federal funding provided under this Act, after
the designation of each heritage area, may not exceed 50 percent of the
total cost of any assistance or grant provided or authorized under this
Amend the title so as to read:
A bill to designate the Lackawanna Valley National Heritage
Area and for other purposes.
PURPOSE OF THE BILL
The purpose of H.R. 940 is establish the Lackawanna
Heritage Valley American Heritage Area.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 940 establishes the Lackawanna Heritage Valley
American Heritage Area in the State of Pennsylvania. The
proposed Heritage Area would cover a four-county region in
northeastern Pennsylvania, including Lackawanna, Luzerne,
Wayne, and Susquehanna counties. The Lackawanna Valley was the
first heritage area designated by the Commonwealth of
Pennsylvania, and is a nationally significant historic area.
The Valley's current mix of ethnicity, its combination of dense
urban areas and isolated settlements, and the remains of coal
mines surrounded by countryside are characteristic of our
legacy from the industrial revolution. This area also played a
significant role in the formation and development of the
organized union movement, such as the United Mine Workers, in
the early part of this century.
H.R. 940 would establish the Lackawanna Heritage Valley
Authority as the management entity responsible for developing
and then implementing a management plan for the Heritage Area.
The management plan must be submitted within three years after
the enactment of this Act to the Secretary of the Interior and
present recommendations for conservation, funding, management,
and development. It shall also include recommendations to be
undertaken by units of government and private organizations to
protect and interpret the historical, natural, cultural, and
recreational resources of the area. The Secretary, in
consultation with the Governor of Pennsylvania, shall approve
or disapprove the plan within 90 days.
During Committee consideration of H.R. 940, an amendment
was adopted which designated the Schuylkill River National
Heritage Area in Pennsylvania.
H.R. 940 authorizes the appropriation of not more than
$1,000,000 for any fiscal year per heritage area designated by
the bill, and not more than $10,000,000 total may be
appropriated for each heritage area authorized by H.R. 940. The
management entities may not use federal funds to acquire real
property or interest in real property. Also, federal funding
may not exceed 50 percent of the total cost of any assistance
or grant provided for under H.R. 940.
H.R. 940 was introduced on March 2, 1999, by Congressman
Don Sherwood (R-PA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands. On June 10, 1999, the
Subcommittee held a hearing on the bill, where the National
Park Service testified in support of the bill with minor
amendments. On July 15, 1999, the Subcommittee met to consider
the bill. An amendment in the nature of a substitute was
offered by Congressman Sherwood which changed the name to the
``Lackawanna Valley National Heritage Area'', eliminated the
loan provisions, and provided for the coordination of other
existing and future heritage areas with the Lackawanna Valley
National Heritage Area. The amendment was adopted by voice vote
and the bill, as amended, was ordered favorably reported to the
Full Committee by voice vote. On July 21, 1999, the Full
Resources Committee met to consider the bill. Congressman
Sherwood offered an amendment which deleted a special studies
provision. It was adopted by voice vote. Congressman George
Miller (D-CA) offered an amendment which designated the
Schuylkill River National Heritage Area after the Secretary of
the Interior signs a compact with the authorized management
entity, the Schuylkill River Greenway Association. The
amendment was adopted by voice vote. The bill, as amended, was
then ordered favorably reported to the House of Representatives
by voice vote.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Congressional Budget Office,
Washington, DC, August 2, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 940, the
Lackawanna Valley National Heritage Area Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis (for federal costs) and Marjorie Miller (for the state and
Barry B. Anderson
(For Dan L. Crippen, Director).
H.R. 940--Lackawanna Valley National Heritage Area Act of 1999
H.R. 940 would establish the Lackawanna Valley National
Heritage Area and (pending execution of an agreement with a
local authority) the Schuylkill River National Heritage Area in
Pennsylvania. The bill would direct the National Park Service
(NPS) to execute agreements with two local associations that
would serve as management entities for the new areas. Those two
entities would develop management plans for the heritage areas,
which would include an inventory of resources and
recommendations for financing, managing, and protecting each
area and its resources. The NPS would provide technical and
financial assistance to the management entities and approve or
disapprove the management plans. The NPS's authority for
assisting the management entities would expire after September
30, 2012. Finally, the bill would authorize the appropriation
of $1 million annually for each heritage area, but would cap
the total authorization for each area at $10 million.
Assuming appropriation of the authorized amounts, CBO
estimates that the NPS would provide each of the two heritage
areas with $1 million for each of fiscal years 2000 through
2009, for a total cost of $20 million. (That total could be
spread over a period of up to 13 years.) Such amounts would be
used to cover a portion of the costs of establishing,
operating, and interpreting the two heritage areas.
Implementing H.R. 940 would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
The bill contains no private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA). H.R. 940 would impose new
intergovernmental mandates on the Lackawanna Heritage Valley
Authority, a public entity. The bill would require the
authority to develop a management plan for the Lackawanna
Valley National Heritage Area and to undertake certain
activities to assist local governments and other organizations.
These requirements would be intergovernmental mandates as
defined in UMRA. Based on information provided by the
authority, however, CBO estimates that the costs imposed by
these mandates would be far below the threshold established by
that act ($50 million in 1996, adjusted annually for
inflation). Further, the bill would authorize appropriations to
cover up to 50 percent of total spending for these activities.
H.R. 940 would impose no costs on other state, local, or tribal
The CBO staff contacts are Deborah Reis (for federal costs)
and Marjorie Miller (for the state and local impact). This
estimate was approved by Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
compliance with public law 104-4
This bill contains no unfunded mandates.
preemption of state, local, or tribal law
This bill is not intended to preempt State, local, or
changes in existing law
If enacted, this bill would make no changes in existing