S. 817

National Heritage Areas and National Heritage Corridors Technical Corrections Act of 2007

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II

Calendar No. 373

110th CONGRESS

1st Session

S. 817

[Report No. 110–175]

IN THE SENATE OF THE UNITED STATES

March 8, 2007

Mr. Voinovich (for himself, Mr. Kennedy, Mr. Specter, Mr. Kerry, Mr. Casey, Mr. Brown, and Mr. Graham) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

September 17, 2007

Reported by Mr. Bingaman, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

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.

1.

Short title

This Act may be cited as the National Heritage Areas and National Heritage Corridors Technical Corrections Act of 2007.

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.

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)

in section 803—

(A)

by striking paragraph (2);

(B)

by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), and (6), respectively;

(C)

in paragraph (2) (as redesignated by subparagraph (B)), by striking 808 and inserting 806; and

(D)

in paragraph (6) (as redesignated by subparagraph (B)), by striking 807(a) and inserting 805(a);

(3)

in the second sentence of section 804(b)(1), by striking 808 and inserting 806;

(4)

by striking sections 805 and 806;

(5)

by redesignating sections 807, 808, 809, 810, 811, and 812 as sections 805, 806, 807, 808, 809, and 810, respectively;

(6)

in section 805(c)(2) (as redesignated by paragraph (5)), by striking 808 and inserting 806;

(7)

in section 806 (as redesignated by paragraph (5))—

(A)

in subsection (a)(1), by striking Committee and inserting Secretary;

(B)

in subsection (a)(3)—

(i)

in subparagraph (A), by striking from the Committee; 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); and

(8)

in section 808 (as redesignated by paragraph (5))—

(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.

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, by adding at the end the following:

(c)

Corporation as local management entity

Beginning on the date of enactment of this subsection, the Corporation shall be the local coordinating entity for the Corridor.

(d)

Implementation of management plan

The Corporation shall assume the duties of the Commission for the implementation of the Plan.

(e)

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.

(f)

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 the local management to the Corporation; and

(2)

coordination with the Corporation regarding the implementation of the Plan.

;

(3)

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 assistance under this Act terminates on the date that is 5 years after the date of enactment of this subsection.

; and

(4)

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;

.

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;

(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; and

(D)

recommend what the role, if any, of the National Park Service should be with respect to the national heritage area.

(3)

Required analysis

If a report prepared under paragraph (1) recommends that Federal funding for the national heritage area be reauthorized, the report shall include an analysis of—

(A)

ways in which Federal funding for the national heritage area may be reduced or eliminated; and

(B)

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.

1.

Short title

This Act may be cited as the National Heritage Areas and National Heritage Corridors Technical Corrections Act of 2007.

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.

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.

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;

.

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.

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; 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.

September 17, 2007

Reported with an amendment