[Senate Report 111-303] [From the U.S. Government Publishing Office] Calendar No. 589 111th Congress Report SENATE 2d Session 111-303 ====================================================================== SUSQUEHANNA GATEWAY NATIONAL HERITAGE AREA ACT _______ September 27, 2010.--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. 349] The Committee on Energy and Natural Resources, to which was referred the bill (S. 349) to establish the Susquehanna Gateway National Heritage Area in the State of Pennsylvania, 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 ``Susquehanna Gateway National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Susquehanna Gateway National Heritage Area established by section 3(a). (2) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the Heritage Area designated by section 4(a). (3) Management plan.--The term ``management plan'' means the plan developed by the local coordinating entity under section 5(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Pennsylvania. SEC. 3. SUSQUEHANNA GATEWAY NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Susquehanna Gateway National Heritage Area in the State. (b) Boundaries.--The Heritage Area shall include Lancaster and York Counties, Pennsylvania. SEC. 4. DESIGNATION OF LOCAL COORDINATING ENTITY. (a) Local Coordinating Entity.--The Susquehanna Heritage Corporation, a nonprofit organization established under the laws of the State, shall be the local coordinating entity for the Heritage Area. (b) Authorities of Local Coordinating Entity.--The local coordinating entity may, for purposes of preparing and implementing the management plan, use Federal funds made available under this Act-- (1) to prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; (2) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; (3) to enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and other organizations; (4) to hire and compensate staff; (5) to obtain funds or services from any source, including funds and services provided under any other Federal program or law; and (6) to contract for goods and services. (c) Duties of Local Coordinating Entity.--To further the purposes of the Heritage Area, the local coordinating entity shall-- (1) prepare a management plan for the Heritage Area in accordance with section 5; (2) give priority to the implementation of actions, goals, and strategies set forth in the management plan, including assisting units of government and other persons in-- (A) carrying out programs and projects that recognize and protect important resource values in the Heritage Area; (B) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (C) establishing and maintaining interpretive exhibits in the Heritage Area; (D) developing heritage-based recreational and educational opportunities for residents and visitors in the Heritage Area; (E) increasing public awareness of and appreciation for the natural, historic, and cultural resources of the Heritage Area; (F) restoring historic buildings that are-- (i) located in the Heritage Area; and (ii) related to the themes of the Heritage Area; and (G) installing throughout the Heritage Area clear, consistent, and appropriate signs identifying public access points and sites of interest; (3) consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the Heritage Area in developing and implementing the management plan; (4) conduct public meetings at least semiannually regarding the development and implementation of the management plan; and (5) for any fiscal year for which Federal funds are received under this Act-- (A) submit to the Secretary an annual report that describes-- (i) the accomplishments of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; and (iii) the entities to which the local coordinating entity made any grants; (B) make available for audit all records relating to the expenditure of the Federal funds and any matching funds; and (C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records relating to the expenditure of the Federal funds. (d) Prohibition on Acquisition of Real Property.-- (1) In general.--The local coordinating entity shall not use Federal funds received under this Act to acquire real property or any interest in real property. (2) Other sources.--Nothing in this Act precludes the 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. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity shall prepare and submit to the Secretary a management plan for the Heritage Area. (b) Contents.--The management plan for the Heritage Area shall-- (1) include comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area; (2) take into consideration existing State, county, and local plans; (3) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area; (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 (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. (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 local coordinating entity may not receive additional funding under this Act until the date on which the Secretary receives the proposed management plan. (d) Approval and Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date on which the local coordinating entity submits the management plan to the Secretary, the Secretary shall approve or disapprove the proposed management plan. (2) Considerations.--In determining whether to approve or disapprove the management plan, the Secretary shall consider whether-- (A) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has provided adequate opportunities (including public meetings) for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretatation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area; and (D) the management plan is supported by the appropriate State and local officials, the cooperation of which is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Disapproval and revisions.-- (A) In general.--If the Secretary disapproves a proposed management plan, the Secretary shall-- (i) advise the local coordinating entity, in writing, of the reasons for the disapproval; and (ii) make recommendations for revision of the proposed management plan. (B) Approval or disapproval.--The Secretary shall approve or disapprove a revised management plan not later than 180 days after the date on which the revised management plan is submitted. (e) Approval of Amendments.-- (1) In general.--The Secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with subsection (d). (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. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (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. SEC. 8. 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-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) 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-- (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 9. 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. (b) Cost-Sharing 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. SEC. 10. 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. PURPOSE The purpose of S. 349 is to establish the Susquehanna Gateway National Heritage Area in Pennsylvania. BACKGROUND AND NEED The Susquehanna Gateway National Heritage Area would include the portions of the Susquehanna River that flow through Lancaster and York Counties in Pennsylvania. The region has a rich cultural, economic, and political history. The area was first inhabited by an Iroquoian tribe, the Conestoga, and several archeological and petroglyph sites along the Susquehanna River contain evidence of their presence. The river became an important corridor for transportation and commerce between Native Americans and colonists in the seventeenth and eighteenth centuries. Captain John Smith entered into a trade alliance with the Native Americans when he traveled up the river in the summer of 1608, opening an extensive trade network to the English. Commerce on the Susquehanna River also encouraged invention and innovation; Lancaster was the birthplace of Robert Fulton, who invented steam boats. Phineas Davis built the first practical coal-burning locomotive in York, which revolutionized railroad transportation. The river also supported the early colonists' agricultural endeavors. In the 1660s, William Penn and the colonists who settled in his Quaker colony, including the ancestors of the Amish who live in the region today, established the region as an abundant agricultural center. The region also played an important role in Revolutionary War history. In 1777 and 1778, the Continental Congress met in Lancaster and York Counties, and approved the Articles of Confederation, legally establishing the union of the states. The region is also known for its natural resources, including remnant old growth forests and migratory bird nesting grounds. Within the area are two designated National Natural Landmarks, Ferncliff and the Susquehanna Gorge, and two National Recreation Trails, Kelly's Run and Susquehanna River Water Trails. In 2001, the Pennsylvania Department of Conservation and Natural Resources designated the Lancaster-York Heritage Region as a state heritage area, now known as the Susquehanna Gateway Heritage Area. The local coordinating entity, formerly known as the Lancaster-York Heritage Region, changed its name to the Susquehanna Heritage Corporation in order to highlight its connection to the Susquehanna River and their focus on ``the cultural and economic value of the river's heritage and outdoor recreation.'' In 2008, the Susquehanna Heritage Corporation prepared a feasibility study to explore the national significance of the heritage area for potential inclusion in the National Heritage Program. At that time, the National Park Service found the study area to meet the interim criteria for potential designation. The study found that the region's eligibility for national designation revolves in part around the Susquehanna's heritage as a gateway to America's original frontier and a corridor of culture and commerce for the new nation. Legislation is needed to establish the Lancaster-York Heritage Region as a National Heritage Area and provide a cooperative management framework to protect and develop the historic, cultural, and natural resources of the region. LEGISLATIVE HISTORY S. 349 was introduced by Senators Casey and Specter on January 29, 2009. The Subcommittee on National Parks held a hearing on the bill on May 19, 2010. The Committee on Energy and Natural Resources ordered S. 349 favorably reported with an amendment in the nature of a substitute at its business meeting on July 21, 2010. COMMITTEE RECOMMENDATION The Committee on Energy and Natural Resources, in open business session on July 21, 2010, by a voice vote of a quorum present, recommends that the Senate pass S. 349, if amended as described herein. COMMITTEE AMENDMENT During its consideration of S. 349, the Committee adopted an amendment in the nature of a substitute. The amendment strikes the findings section, references the Susquehanna Heritage Corporation as the local coordinating entity, and makes other technical, clarifying, and conforming changes to make the heritage area authorization consistent with other similar designations. SECTION-BY-SECTION ANALYSIS Section 1 provides the short title, the ``Susquehanna Gateway National Heritage Area Act''. Section 2 defines key terms used in the bill. Section 3(a) establishes the Susquehanna Gateway National Heritage Area in the State of Pennsylvania. Subsection (b) provides that the boundaries of the heritage area include Lancaster and York Counties, Pennsylvania. Section 4(a) designates the Susquehanna Heritage Corporation as the local coordinating entity for the heritage area. Subsection (b) lists the authorities of the local coordinating entity and authorizes the local coordinating entity to use Federal funds to undertake activities recommended in the management plan, make grants, enter into cooperative agreements, hire staff, obtain funds or services from any source, and contract for goods or services. Subsection (c) details the duties of the local coordinating entity, including preparing a management plan for the heritage area, conducting public meetings at least semiannually, submitting an annual report to the Secretary of the Interior (Secretary), and making available all records relating to its and other organizations' expenditure of Federal funds and matching grants. Subsection (d) prohibits the local coordinating entity from using Federal funds to acquire real property or any interest in real property. It clarifies that the local coordinating entity is allowed to use Federal funds from other sources for authorized purposes. Section 5(a) requires the local coordinating entity to submit the management plan to the Secretary for review no later than three years after the date on which the funds are made available to carry out this Act. Subsection (b) provides the requirements for the contents of the management plan. Subsection (c) states that if a proposed management plan is not submitted within the three-year period, the local coordinating entity may not receive funding under this Act until the plan is submitted to the Secretary. Subsection (d) requires the Secretary to approve or disapprove the management plan within six months after the plan is submitted, and lists the criteria he is to consider in determining whether to approve or disapprove the plan. If the Secretary disapproves the proposed management plan, he must approve or disapprove a revised management plan within six months after it is submitted. Subsection (e) requires the Secretary to review and approve or disapprove any amendment that would make a substantial change to the management plan. Funding under this Act may not be used to implement any part of the management plan related to an amendment until the Secretary approves the amendment. Section 6(a) clarifies that nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. Subsection (b) encourages the head of a Federal agency planning to conduct activities that may have an impact on the heritage area to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. Subsection (c) clarifies that nothing in this Act modifies authorities of Federal agencies to manage Federal land, limits the discretion of a Federal agency to implement an approved land use plan within the boundaries of the heritage area, or modifies or alters any authorized use of Federal land. Section 7 contains several savings provisions to clarify that the designation of the national heritage area will not affect private property rights, affect governmental land use regulation, reserve or appropriate water rights, diminish the authority of the State to manage fish and wildlife, or create any liability for property owners within the heritage area. Section 8(a) requires the Secretary to prepare a report, not later than three years before the date on which Federal funding terminates, based on the evaluation of the accomplishments of the heritage area. Subsection (b) details what the evaluation must assess, analyze, and review. It must assess the progress of the local coordinating entity with respect to accomplishing the purposes of this Act and achieving the goals and objectives of the approved management plan. The evaluation is also required to analyze governmental and private investments' impact on the heritage area. Subsection (c) provides the requirements for the contents of the report, including recommendations for the future role of the National Park Service, if any, for the heritage area, and if funding is reauthorized for the heritage area, ways to reduce or eliminate Federal funding for the heritage area. The report is to be submitted to the House and Senate authorizing committees. Section 9(a) authorizes total appropriations of $10 million, of which not more than $1 million may be appropriated for any fiscal year. Subsection (b) requires Federal funding to be matched on a 50:50 basis by funds from non-Federal sources, including in the form of in-kind contributions of goods or services. Section 10 states that the authority of the Secretary to provide assistance under this Act terminates 15 years after the date of enactment. COST AND BUDGETARY CONSIDERATIONS The following estimate of costs of this measure has been provided by the Congressional Budget Office: S. 349--Susquehanna Gateway National Heritage Area Act S. 349 would establish the Susquehanna Gateway National Heritage Area in Lancaster and York Counties, Pennsylvania. The legislation would designate the Susquehanna Heritage Corporation, a local nonprofit organization, as the management entity for the proposed heritage area. Finally, the legislation would authorize the appropriation of $10 million for financial assistance to manage the heritage area over the next 15 years. Assuming appropriation of the authorized amounts, CBO estimates that implementing S. 349 would cost $5 million over the 2011-2015 period and an additional $5 million after 2015. Enacting the legislation would have no effect on direct spending or revenues; therefore, pay-as-you-go procedures do not apply. S. 349 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, Deputy 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. 349. 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. 349, as ordered reported. CONGRESSIONALLY DIRECTED SPENDING In accordance with paragraph 4(b) of rule XLIV of the Standing Rules of the Senate, the Committee provides the following identification of congressionally directed spending items contained in the bill, as reported: ------------------------------------------------------------------------ Section Provision Member ------------------------------------------------------------------------ 9............................. Authorization of Senator Casey Appropriations. ------------------------------------------------------------------------ EXECUTIVE COMMUNICATIONS The testimony provided by the National Park Service at the May 19, 2010 Subcommittee hearing on S. 349 follows: Statement of Stephen E. Whitesell, Associate Director, Park Planning, Facilities, and Lands, National Park Service, Department of the Interior Mr. Chairman, thank you for the opportunity to present the Department of the Interior's views on S. 349, a bill to establish the Susquehanna Gateway National Heritage Area in Pennsylvania. The Department recognizes the appropriateness of designating the Susquehanna Gateway National Heritage Area, but recommends deferring action on S. 349 until program legislation is enacted that establishes criteria to evaluate potentially qualified national heritage areas and a process for the designation and administration of these areas. The Administration anticipates submitting such a legislative proposal to you in the near future, and we recommend that Congress enact national heritage area program legislation in this Congress. There are currently 49 designated national heritage areas, yet there is no authority in law that guides the designation and administration of these areas. Program legislation would provide a much-needed framework for evaluating proposed national heritage areas, offering guidelines for successful planning and management, clarifying the roles and responsibilities of all parties, and standardizing timeframes and funding for designated areas. Program legislation was introduced in the 109th and 110th Congresses, and we look forward to continuing to work with Congress on this very important issue. Flowing for 441 miles, the Susquehanna River is the longest river on the East Coast and the largest contributor of fresh water to Chesapeake Bay. The portions of the river flowing through Lancaster and York Counties in Pennsylvania exhibit exceptional natural and recreational value and traverse landscapes of historical importance to our nation. The region of the proposed Susquehanna Gateway National Heritage Area was first inhabited by Native Americans who left evidence of their occupation in a myriad of archeological sites, as well as rock art at several petroglyph sites. When Captain John Smith journeyed up the Susquehanna River in the summer of 1608, he sent emissaries to the Susquehannock town located on the east side of the river near present day Washington Boro in Lancaster County. Tribal leaders there entered a trade alliance, opening to the English a trade network extending hundreds of miles. In 1668, William Penn set the tone for religious tolerance in Pennsylvania and brought colonists who settled the great fertile valley of the Susquehanna Gateway region, beginning its long history as an abundant agricultural center. Serving as an important transportation corridor, the river provided opportunities for commerce and invention. It was here that John Elgar constructed the first iron steamboat in America. The birthplace of Robert Fulton, the original inventor of steam powered boats, is a National Historic Landmark in Lancaster County. Here, too, Phineas Davis designed and built the first practical coal burning steam locomotive, thereby revolutionizing railroad transportation. The region is the home ground of the ``Plain People''--the Amish and Mennonites. Their religious values, simple way of life, and well-tended farms speak to the deepest feelings that Americans have about ourselves and our national experience. In this region, visitors also find evidence of our Revolutionary War past. Lancaster and York Counties served as venues for the Continental Congress when it left Philadelphia upon the British occupation of that city. In the courthouse in York, the Congress approved the Articles of Confederation and Perpetual Union, the nation's ``first constitution,'' and sent it forth to the states for ratification. In the summer of 1781, Continental Army General James Wood established Camp Security, housing more than a thousand British soldiers from General John Burgoyne's army, which had surrendered at Saratoga. The region also has an abundance of natural resources including migratory bird nesting sites, remnants of old growth forests, and areas of both ecological diversity and scenic quality. Ferncliff, known for its wildflowers, and the Susquehanna Gorge are both designated National Natural Landmarks. Recreational resources abound in the region, including the Kelly's Run and Susquehanna River Water Trails, both National Recreation Trails. S. 349 designates the Lancaster-York Heritage Region, a non-profit organization, as the proposed management entity for the Susquehanna Gateway National Heritage Area. The area, designated as a state heritage area in 2001, recently changed its name from the Lancaster-York Heritage Region to the Susquehanna Gateway Heritage Area, to reflect the area's expanded focus, which includes the cultural and economic value of the Susquehanna River. The management entity, now known as Susquehanna Heritage Corporation, has demonstrated success in coordinating among diverse partners in Lancaster and York counties. Over the past nine years, Susquehanna Heritage Corporation has been effective in facilitating preservation, interpretative, and educational projects and in leveraging community participation and funding. The heritage area has strong support from the public and from a myriad of state, local, federal, and non-governmental partners throughout the area. In 2008, this entity prepared a national heritage area feasibility study that was reviewed by the National Park Service and found to meet the interim criteria for potential designation. The bill, as introduced, contains provisions that have become standard for designating national heritage areas. However, if the Committee decides to act on this bill, we would request the opportunity to work with the Committee to amend the language in Section 5(a), designating the management entity, due to the management entity changing its name and to discuss some other provisions where clarifications or technical corrections may be needed. Mr. Chairman, that concludes my testimony. I would be pleased to answer any questions from members of the Committee. CHANGES IN EXISTING LAW In compliance with paragraph 12 of rule XXVI of the Standing Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 349, as ordered reported.