Page images
PDF
EPUB

tail, on a reimbursable basis, any of the personnel of such agency to the Corporation to assist the Corporation in carrying out its duties.

(c) DETAIL OF STATE PERSONNEL.-The Corporation may accept the services of personnel detailed from the State of West Virginia (or a political subdivision thereof), and may reimburse the State (or political subdivision thereof).

(d) EXPERTS AND CONSULTANTS.-The Corporation may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Corporation to be reasonable.

(e) ADMINISTRATIVE SUPPORT.-The Administrator of the General Services Administration shall provide to the Corporation, on a reimbursable basis, such administrative facilities and support services as the Corporation may request.

(f) USE OF FUNDS TO OBTAIN MONEY.-The Corporation may use its funds to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money.

(g) PROMOTION AND MARKETING.-The Corporation may spend funds on promotion and marketing consistent with the resources and associated values of the heritage area so as to attract and support visitation.

(h) GIFTS. (A) Except as provided in paragraph (k)(B)(ii), the Corporation may, for the purpose of carrying out its duties, seek, accept, and dispose of gifts, bequests, or donations of money, personal property, or services received from any source.

(B) For purposes of section 170(c) of the Internal Revenue Code, any gift to the Corporation shall be deemed to be a gift to the United States.

(i) ACQUISITION OF REAL PROPERTY.—(A) Except as provided in paragraph (B) and except with respect to the leasing of facilities, the Corporation may not acquire any real property or interest therein.

(B) Subject to paragraph (C), the Corporation may acquire real property, or interest therein, within the heritage

area

(i) by gift or devise; or

(ii) by purchase from a willing seller with money which was given, bequeathed, appropriated, or otherwise made available to the Corporation on the condition that such money be used to purchase real property, or an interest therein, within the heritage area. (C) Any real property or interest therein acquired by the Corporation pursuant to paragraph (B) shall be conveyed in perpetuity by the Corporation to an appropriate public or private agency, as determined by the Corporation. Any such conveyance shall be made as soon as practicable after acquisition, without consideration, and on the condition. that real property or interest therein so conveyed shall be used for public purposes.

SEC. 8. DUTIES OF THE SECRETARY.

(a) INTERPRETIVE SUPPORT.-The Secretary may, upon request of the Corporation, provide appropriate interpretive, planning, educational, staffing, exhibits, and other materials for the heritage area, consistent with the plan and as appropriate to the resources and associated values of the heritage areas.

(b) CAPITAL IMPROVEMENTS AND INITIAL OPERATING FUNDING.-The Secretary is authorized to provide funds for capital improvements to projects within the heritage area, and for a period not to exceed 5 years, provide initial operating funding for the Corporation, consistent with the plan.

(c) TECHNICAL ASSISTANCE.-The Secretary shall, upon the request of the Corporation and consistent with the plan, provide technical assistance to the Corporation in the preparation of any plans or studies and for the implementation of any plans as set out in section 7(b).

(d) COOPERATIVE AGREEMENTS, LOANS AND GRANTS.— For purposes of assisting in the implementation of the plan, the Secretary may, in consultation with the Corporation, make loans and grants to, and enter into cooperative agreements with the Corporation, the State of West Virginia (or a political subdivision thereof), non-profit organizations, or any person.

(e) AMENDMENTS TO PLAN.-No amendments to the plan may be made unless approved by the Secretary. The Secretary shall consult with the Corporation in reviewing any proposed amendments.

SEC. 9. DUTIES OF OTHER FEDERAL ENTITIES.

Any Federal department, agency, or other entity conducting or supporting activities directly affecting the heritage area shall

(1) consult with the Secretary and the Corporation with respect to such activities;

(2) cooperate with the Secretary and the Corporation in carrying out its duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and

(3) to the maximum extent practicable, conduct or support such activities in a manner which the Corporation determines will not have an adverse affect on the heritage area.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out this Act. With respect to cooperative agreements, loans and grants awarded pursuant to section 8(d), the Secretary is authorized to expend not more than 50 percent of the aggregate cost.

PURPOSE OF THE MEASURE

The purpose of S. 1341, as ordered reported, is to establish the Wheeling National Heritage Area in Wheeling, West Virginia, to

preserve and interpret the cultural, historic, and natural resources in the Wheeling area.

BACKGROUND AND NEED

The city of Wheeling, West Virginia was a center of transportation and industry during the nineteenth and early twentieth centuries. The Wheeling area contained rich geological resources that contributed coal, brick, china, and iron ore to the city's trade. In the early nineteenth century, steamboats on the Ohio River found Wheeling's inland port essential to trade and transportation.

Travelers crossed the Ohio by ferry until 1849, when the Wheeling Suspension Bridge, over one thousand feet long and the longest of its kind at the time of its construction, was completed. Wheeling's suspension bridge represented a considerable advantage to the city in its rivalry with Pittsburgh for dominance over the economy of the Ohio valley. The bridge is now a National Historic Landmark and a National Historic Engineering Landmark.

In 1852, the Baltimore and Ohio Railroad was completed to Wheeling, the westernmost railroad terminus in existence at that time.

In 1859, the Custom House (now known as West Virginia Independence Hall) was built in Wheeling to handle trading activities. During the Civil War, the Custom House was the site of pro-Union statehood demonstrations. The Custom House also served as the capitol of union Virginia from 1861 to 1863, and from 1863 to 1869, of West Virginia, following its admission to the Union. The Custom House was designated as a National Historic Landmark in 1970.

Public Law 101-121 directed the National Park Service to make a grant to the city of Wheeling for the purpose of establishing a Commission to cooperate with the Park Service on reviewing the historic features of Wheeling for incorporation as a unit of the National Park System. In response, the Park Service prepared a concept plan for a Wheeling Heritage Project in November 1990, and the Wheeling National Heritage Area Task Force completed its plan in August, 1992.

S. 1341 would establish a national heritage area and would create a private, non-profit corporation to implement the plan prepared by the Wheeling National Heritage Area Task Force. The Secretary of the Interior would be authorized to assist the corporation through planning and technical assistance, funding for capital improvements within the heritage area, and initial operating funding for the corporation.

LEGISLATIVE HISTORY

S. 1341 was introduced by Senator Byrd on August 3, 1993. The Subcommittee on Public Lands, National Parks and Forests held a hearing on S. 1341 on September 9, 1993.

At the business meeting on March 23, 1994, the Committee on Energy and Natural Resources ordered S. 1341, as amended, favorably reported.

COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES

The Committee on Energy and Natural Resources, in open business session on March 23, 1994, by a majority vote of a quorum present, recommends that the Senate pass S. 1341, if amended as described herein.

The roll call vote on reporting the measure was 15 yeas, 5 nays, as follows:

[blocks in formation]

During the consideration of S. 1341, the Committee adopted an amendment in the nature of a substitute. The amendment makes several technical, clarifying, and conforming changes as well as the following principal substantive changes: condensing the duties and powers of the Wheeling National Heritage Corporation; limiting the Corporation's ability to acquire and hold real property; and including a 50 percent non-Federal matching requirement for loans, grants, and cooperative agreements.

The amendment is explained in detail in the section-by-section analysis, below.

SECTION-BY-SECTION ANALYSIS

Section 1 entitles the bill the "Wheeling National Heritage Area Act of 1994."

Section 2 contains Congressional findings and purposes.
Section 3 defines certain terms used in the bill.

Section 4 establishes the Wheeling National Heritage Area (the "heritage area”) in Wheeling, West Virginia. The heritage area includes lands within a boundary depicted on the referenced map.

Section 5 establishes the Wheeling National Heritage Area Corporation (the "corporation"). Subsection (a) sets forth that the corporation shall be structured as a private, non-profit, tax-exempt entity.

Subsection (b) describes the mission of the corporation, which is to implement and coordinate the recommendations in the Wheeling National Heritage Area Plan (the "plan"), to ensure integrated op

eration of the heritage area, conserve and interpret the historic and cultural resources of the heritage area, and to become a financially self-sustaining organization. The corporation shall also direct and coordinate the conservation, development, programming, educational and interpretive activities within the heritage area.

Section 6 sets forth the duties of the corporation. Subsection (a) requires that the corporation work with the State and local governments to ensure the plan is formally adopted by the City of Wheeling and recognized by the State government.

Subsection (b) directs the corporation, in implementing the plan, and to the extent practicable, to implement the plan in a timely fashion, to coordinate its activities with Federal, State, and local governments, to ensure the conservation and interpretation of the heritage area's resources.

Subsection (c) requires the corporation to submit an annual report to the Secretary of the Interior (the "Secretary"), setting forth the financial activities and accomplishments of the corporation during the previous year, as well as a plan of operations for the upcoming year.

Section 7 outlines the powers of the corporation, which include: appointing staff; accepting personnel on a detail basis from Federal and State agencies to assist the corporation; procuring temporary and intermittent services of experts and consultants; requesting administrative facilities and support services from the Administrator of the General Services Administration; using corporation funds to obtain money from any source requiring the recipient of such money to make a contribution in order to receive such money; spending funds on promotion and marketing of the heritage area; seeking, accepting, and disposing of gifts; and acquiring real property. The Committee amendment provides that the corporation may only acquire real property by gift or devise or purchase from a willng seller. Any real property acquired by the corporation must be conveyed to an appropriate public or private agency as soon as practicable after acquisition.

Section 8 lists the duties of the Secretary. Subsection (a) provides hat the Secretary is authorized to provide appropriate interpreive, planning, educational, staffing, exhibits, and other materials or the heritage area.

Subsection (b) authorizes the Secretary to provide funds for captal improvements for projects within the heritage area, and for a eriod not to exceed 5 years, provide initial operating funding for he corporation.

Subsection (c) authorizes the Secretary to provide technical asistance to the corporation.

Subsection (d) provides that the Secretary may make loans, rants, and enter into cooperative agreements with the corporation, he State of West Virginia (including political subdivisions of the State), non-profit organizations, or any person.

Subsection (e) states that no amendments to the plan may be nade unless approved by the Secretary. The Secretary is directed > review with the corporation in reviewing proposed plan amendnents.

Section 9 provides that any Federal agencies conducting activiies that directly affect the heritage area must consult and cooper

« PreviousContinue »