S 349 IS

To establish the Susquehanna Gateway National Heritage Area in the State of Pennsylvania, and for other purposes.CommentsClose CommentsPermalink

January 29, 2009CommentsClose CommentsPermalink

Mr. CASEY (for himself and Mr. SPECTER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To establish the Susquehanna Gateway National Heritage Area in the State of Pennsylvania, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Susquehanna Gateway National Heritage Area Act’. CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--

(1) numerous sites of significance to the heritage of the United States are located within the boundaries of the proposed Susquehanna Gateway National Heritage Area, which includes the Lower Susquehanna River corridor and all of Lancaster and York Counties in the State of Pennsylvania;

(2) included among the more than 200 historically significant sites, structures, districts, and tours in the area are--

(A) the home of a former United States President;

(B) the community where the Continental Congress adopted the Articles of Confederation;

(C) the homes of many prominent figures in the history of the United States;

(D) the preserved agricultural landscape of the Plain communities of Lancaster County, Pennsylvania;

(E) the exceptional beauty and rich cultural resources of the Susquehanna River Gorge;

(F) numerous National Historic Landmarks, National Historic Districts, and Main Street communities; and

(G) many thriving examples of the nationally significant industrial and agricultural heritage of the region, which are collectively and individually of significance to the history of the United States;

(3) in 1999, a regional, collaborative public-private partnership of organizations and agencies began an initiative to assess historic sites in Lancaster and York Counties, Pennsylvania, for consideration as a Pennsylvania Heritage Area;

(4) the initiative--

(A) issued a feasibility study of significant stories, sites, and structures associated with Native American, African-American, European-American, Colonial American, Revolutionary, and Civil War history; and

(B) concluded that the sites and area--

(i) possess historical, cultural, and architectural values of significance to the United States; and

(ii) retain a high degree of historical integrity;

(5) in 2001, the feasibility study was followed by development of a management action plan and designation of the area by the State of Pennsylvania as an official Pennsylvania Heritage Area;

(6) in 2008, a feasibility study report for the Heritage Area--

(A) was prepared and submitted to the National Park Service--

(i) to document the significance of the area to the United States; and

(ii) to demonstrate compliance with the interim criteria of the National Park Service for National Heritage Area designation; and

(B) found that throughout the history of the United States, Lancaster and York Counties and the Susquehanna Gateway region have played a key role in the development of the political, cultural, and economic identity of the United States;

(7) the people of the region in which the Heritage Area is located have--

(A) advanced the cause of freedom; and

(B) shared their agricultural bounty and industrial ingenuity with the world;

(8) the town and country landscapes and natural wonders of the area are visited and treasured by people from across the globe;

(9) for centuries, the Susquehanna River has been an important corridor of culture and commerce for the United States, playing key roles as a major fishery, transportation artery, power generator, and place for outdoor recreation;

(10) the river and the region were a gateway to the early settlement of the ever-moving frontier;

(11) the area played a critical role as host to the Colonial government during a turning point in the Revolutionary War;

(12) the rural landscape created by the Amish and other Plain people of the region is of a scale and scope that is rare, if not entirely unknown in any other region, in the United States;

(13) for many people in the United States, the Plain people of the region personify the virtues of faith, honesty, community, and stewardship at the heart of the identity of the United States;

(14) the regional stories of people, land, and waterways in the area are essential parts of the story of the United States and exemplify the qualities inherent in a National Heritage Area;

(15) in 2008, the National Park Service found, based on a comprehensive review of the Susquehanna Gateway National Heritage Area Feasibility Study Report, that the area meets the 10 interim criteria of the National Park Service for designation of a National Heritage Area;

(16) the preservation and interpretation of the sites within the Heritage Area will make a vital contribution to the understanding of the development and heritage of the United States for the education and benefit of present and future generations;

(17) the Secretary of the Interior is responsible for protecting the historic and cultural resources of the United States;

(18) there are significant examples of historic and cultural resources within the Heritage Area that merit the involvement of the Federal Government, in cooperation with the management entity and State and local governmental bodies, to develop programs and projects to adequately conserve, support, protect, and interpret the heritage of the area;

(19) partnerships between the Federal Government, State and local governments, regional entities, the private sector, and citizens of the area offer the most effective opportunities for the enhancement and management of the historic sites throughout the Heritage Area to promote the cultural and historic attractions of the Heritage Area for visitors and the local economy; and

(20) the Lancaster-York Heritage Region, a 501(c)(3) nonprofit corporation and State-designated management entity of the Pennsylvania Heritage Area, would be an appropriate management entity for the Heritage Area.

SEC. 3. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) HERITAGE AREA- The term ‘Heritage Area’ means the Susquehanna Gateway National Heritage Area established by section 43(a). CommentsClose CommentsPermalink





(2) MANAGEMENTLOCAL COORDINATING ENTITY- The term ‘managementlocal coordinating entity’ means the managementlocal coordinating entity for the Heritage Area designated by section 54(a). CommentsClose CommentsPermalink





(3) MANAGEMENT PLAN- The term ‘management plan’ means the plan developed by the managementlocal coordinating entity under section 65(a). CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior. CommentsClose CommentsPermalink





(5) STATE- The term ‘State’ means the State of Pennsylvania. CommentsClose CommentsPermalink

SEC. 4. ESTABLISHMENT OF3. SUSQUEHANNA GATEWAY NATIONAL HERITAGE AREA.

(a) In General- There is established in the StateEstablishment- There is established the Susquehanna Gateway National Heritage Area in the State. CommentsClose CommentsPermalink





(b) Boundaries- The Heritage Area shall include a core area located in south-central Pennsylvania consisting of an 1869-square-mile region east and west of the Susquehanna River and encompassing Lancaster and York Counties.

(c) Map- A map of the Heritage Area shall be--

(1) included in the management plan; and

(2) on file in the appropriate offices of the National Park Service, Pennsylvania. CommentsClose CommentsPermalink

SEC. 54. DESIGNATION OF MANAGEMENTLOCAL COORDINATING ENTITY.

(a) ManagementLocal Coordinating Entity- The Lancaster-York Heritage Region shall be the managementSusquehanna Heritage Corporation, a nonprofit organization established under the laws of the State, shall be the local coordinating entity for the Heritage Area. CommentsClose CommentsPermalink





(b) Authorities of Management Entity- The management entityLocal Coordinating Entity- The local coordinating entity may, for purposes of preparing and implementing the management plan, use Federal funds made available under this Act-- CommentsClose CommentsPermalink





(1) to prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; CommentsClose CommentsPermalink





(2) to pay for operational expenses of the management entity;(3) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; CommentsClose CommentsPermalink





(43) to enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and other organizations; CommentsClose CommentsPermalink





(54) to hire and compensate staff; CommentsClose CommentsPermalink





(65) to obtain funds or services from any source, including funds and services provided under any other Federal program or law; and CommentsClose CommentsPermalink





(76) to contract for goods and services. CommentsClose CommentsPermalink





(c) Duties of ManagementLocal Coordinating Entity- To further the purposes of the Heritage Area, the managementlocal coordinating entity shall-- CommentsClose CommentsPermalink





(1) prepare a management plan for the Heritage Area in accordance with section 65; CommentsClose CommentsPermalink





(2) give priority to the implementation of actions, goals, and strategies set forth in the management plan, including assisting units of government and other persons in-- CommentsClose CommentsPermalink





(A) carrying out programs and projects that recognize and protect important resource values in the Heritage Area; CommentsClose CommentsPermalink





(B) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; CommentsClose CommentsPermalink





(C) establishing and maintaining interpretive exhibits in the Heritage Area; CommentsClose CommentsPermalink





(D) developing heritage-based recreational and educational opportunities for residents and visitors in the Heritage Area; CommentsClose CommentsPermalink





(E) increasing public awareness of and appreciation for the natural, historic, and cultural resources of the Heritage Area; CommentsClose CommentsPermalink





(F) restoring historic buildings that are-- CommentsClose CommentsPermalink





(i) located in the Heritage Area; and CommentsClose CommentsPermalink





(ii) related to the themes of the Heritage Area; and CommentsClose CommentsPermalink





(G) installing throughout the Heritage Area clear, consistent, and appropriate signs identifying public access points and sites of interest; CommentsClose CommentsPermalink





(3) consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the Heritage Area in developing and implementing the management plan; CommentsClose CommentsPermalink





(4) conduct public meetings at least semiannually regarding the development and implementation of the management plan; and CommentsClose CommentsPermalink





(5) for any fiscal year for which Federal funds are received under this Act-- CommentsClose CommentsPermalink





(A) submit to the Secretary an annual report that describes-- CommentsClose CommentsPermalink





(i) the accomplishments of the managementlocal coordinating entity; CommentsClose CommentsPermalink





(ii) the expenses and income of the management local coordinating entity; and CommentsClose CommentsPermalink





(iii) the entities to which the managementlocal coordinating entity made any grants; CommentsClose CommentsPermalink





(B) make available for audit all records relating to the expenditure of the Federal funds and any matching funds; and CommentsClose CommentsPermalink





(C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records relating to the expenditure of the Federal funds. CommentsClose CommentsPermalink





(d) Prohibition on Acquisition of Real Property- CommentsClose CommentsPermalink





(1) IN GENERAL- The managementlocal coordinating entity shall not use Federal funds received under this Act to acquire real property or any interest in real property. CommentsClose CommentsPermalink





(2) OTHER SOURCES- Nothing in this Act precludes the management local coordinating entity from using Federal funds from other sources for authorized purposes, including the acquisition of real property or any interest in real property. CommentsClose CommentsPermalink

SEC. 65. MANAGEMENT PLAN.

(a) In General- Not later than 3 years after the date on which funds are first made available to carry out this Act, the managementlocal coordinating entity shall prepare and submit to the Secretary a management plan for the Heritage Area. CommentsClose CommentsPermalink





(b) Contents- The management plan for the Heritage Area shall-- CommentsClose CommentsPermalink





(1) include comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area; CommentsClose CommentsPermalink





(2) take into consideration existing State, county, and local plans; CommentsClose CommentsPermalink





(3) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area; CommentsClose CommentsPermalink





(4) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained; and CommentsClose CommentsPermalink





(5) include an analysis of, and recommendations for, ways in which Federal, State, and local programs, may best be coordinated to further the purposes of this Act, including recommendations for the role of the National Park Service in the Heritage Area. CommentsClose CommentsPermalink





(c) Disqualification From Funding- If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to carry out this Act, the management entitylocal coordinating entity may not receive additional funding under this Act until the date on which the Secretary receives the proposed management plan. CommentsClose CommentsPermalink





(d) Approval and Disapproval of Management Plan- CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 180 days after the date on which the managementlocal coordinating entity submits the management plan to the Secretary, the Secretary shall approve or disapprove the proposed management plan. CommentsClose CommentsPermalink





(2) CONSIDERATIONS- In determining whether to approve or disapprove the management plan, the Secretary shall consider whether-- CommentsClose CommentsPermalink





(A) the management entitylocal coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; CommentsClose CommentsPermalink





(B) the managementlocal coordinating entity has provided adequate opportunities (including public meetings) for public and governmental involvement in the preparation of the management plan; CommentsClose CommentsPermalink





(C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area; and CommentsClose CommentsPermalink





(D) the management plan is supported by the appropriate State and local officials, the cooperation of which is needed to ensure the effective implementation of the State and local aspects of the management plan. CommentsClose CommentsPermalink





(3) DISAPPROVAL AND REVISIONS- CommentsClose CommentsPermalink





(A) IN GENERAL- If the Secretary disapproves a proposed management plan, the Secretary shall-- CommentsClose CommentsPermalink





(i) advise the management local coordinating entity, in writing, of the reasons for the disapproval; and CommentsClose CommentsPermalink





(ii) make recommendations for revision of the proposed management plan. CommentsClose CommentsPermalink





(B) APPROVAL OR DISAPPROVAL- The Secretary shall approve or disapprove a revised management plan not later than 180 days after the date on which the revised management plan is submitted. CommentsClose CommentsPermalink





(e) Approval of Amendments- CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with subsection (d). CommentsClose CommentsPermalink





(2) FUNDING- Funds appropriated under this Act may not be expended to implement any changes made by an amendment to the management plan until the Secretary approves the amendment. CommentsClose CommentsPermalink

SEC. 76. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) In General- Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. CommentsClose CommentsPermalink





(b) Consultation and Coordination- The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the managementlocal coordinating entity to the extent practicable. CommentsClose CommentsPermalink





(c) Other Federal Agencies- Nothing in this Act-- CommentsClose CommentsPermalink





(1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; CommentsClose CommentsPermalink





(2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or CommentsClose CommentsPermalink





(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. CommentsClose CommentsPermalink

SEC. 87. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this Act-- CommentsClose CommentsPermalink





(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; CommentsClose CommentsPermalink





(2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; CommentsClose CommentsPermalink





(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the managementlocal coordinating entity; CommentsClose CommentsPermalink





(4) authorizes or implies the reservation or appropriation of water or water rights; CommentsClose CommentsPermalink





(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or CommentsClose CommentsPermalink





(6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. CommentsClose CommentsPermalink

SEC. 98. EVALUATION; REPORT.

(a) In General- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- CommentsClose CommentsPermalink





(1) conduct an evaluation of the accomplishments of the Heritage Area; and CommentsClose CommentsPermalink





(2) prepare a report in accordance with subsection (c). CommentsClose CommentsPermalink





(b) Evaluation- An evaluation conducted under subsection (a)(1) shall-- CommentsClose CommentsPermalink





(1) assess the progress of the managementlocal coordinating entity with respect to-- CommentsClose CommentsPermalink





(A) accomplishing the purposes of this Act for the Heritage Area; and CommentsClose CommentsPermalink





(B) achieving the goals and objectives of the approved management plan for the Heritage Area; CommentsClose CommentsPermalink





(2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and CommentsClose CommentsPermalink





(3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. CommentsClose CommentsPermalink





(c) Report- CommentsClose CommentsPermalink





(1) IN GENERAL- Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. CommentsClose CommentsPermalink





(2) REQUIRED ANALYSIS- If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- CommentsClose CommentsPermalink





(A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and CommentsClose CommentsPermalink





(B) the appropriate time period necessary to achieve the recommended reduction or elimination. CommentsClose CommentsPermalink





(3) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to-- CommentsClose CommentsPermalink





(A) the Committee on Energy and Natural Resources of the Senate; and CommentsClose CommentsPermalink





(B) the Committee on Natural Resources of the House of Representatives. CommentsClose CommentsPermalink

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. CommentsClose CommentsPermalink





(b) Cost-Ssharing Requirement- The Federal share of the cost of any activity carried out using funds made available under this Act shall be not more than 50 percent. CommentsClose CommentsPermalink

SEC. 110. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act. CommentsClose CommentsPermalink