Public Law 108-447
Division J Title VI 118 Stat. 2809
SEC. 603. <<NOTE: 16 USC 461 note.>>
OIL REGION NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established
the Oil Region National Heritage Area.
(b) Boundaries.--The boundaries of the Heritage Area shall include
all of those lands depicted on a map entitled ``Oil Region National
Heritage Area'', numbered OIRE/20,000 and dated October 2000. The
map shall be on file in the appropriate offices of the National
Park Service. <<NOTE: Federal Register, publication.>>
The Secretary of the Interior shall publish in the Federal Register,
as soon as practical after the date of the enactment of this Act,
a detailed description and map of the boundaries established under
(c) Management Entity.--The management entity for
the Heritage Area shall be the Oil Heritage Region, Inc., the locally
based private, nonprofit management corporation which shall oversee
the development of a management plan in accordance with section
SEC. 604. <<NOTE: 16 USC 461 note.>>
To carry out the purposes of this title, 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 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 Secretary and management
SEC. 605. <<NOTE: 16 USC 461 note.>>
AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management
entity may use funds made available under this title for purposes
of preparing, updating, and implementing the management plan developed
under subsection (b). Such purposes may include--
(1) making grants to, and entering into cooperative
agreements with, States and their political subdivisions, private
organizations, or any other person;
(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the purposes
of the Heritage Area.
(b) Management Plan.--The management entity shall
develop a management plan for the Heritage Area that-
(1) presents comprehensive strategies and recommendations for conservation,
funding, management, and development of the Heritage Area; [[Page
118 STAT. 3370]]
(2) takes into consideration existing State, county,
and local plans and involves residents, public agencies, and private
organizations working in the Heritage Area;
(3) includes a description of actions that units
of government and private organizations have agreed to take to protect
the resources of the Heritage Area;
(4) specifies the existing and potential sources
of funding to protect, manage, and develop the Heritage Area;
(5) includes 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 scenic
(6) describes a program for implementation of the
management plan by the management entity, including plans for restoration
and construction, and specific commitments for that implementation
that have been made by the management entity and any other persons
for the first 5 years of implementation;
(7) lists any revisions to the boundaries of the
Heritage Area proposed by the management entity and requested by
the affected local government; and
(8) includes an interpretation plan for the Heritage
(c) Deadline; Termination of Funding.-
(1) Deadline.--The management entity shall submit
the management plan to the Secretary within 2 years after the funds
are made available for this title.
(2) Termination of funding.--If a management plan
is not submitted to the Secretary in accordance with this subsection,
the management entity shall not qualify for Federal assistance under
(d) Duties of Management Entity.--The management
(1) give priority to implementing actions set forth
in the compact and management plan;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in-
(A) establishing and maintaining interpretive exhibits in the Heritage
(B) developing recreational resources in the Heritage
(C) increasing public awareness of and appreciation
for the natural, historical, and architectural resources and sites
in the Heritage Area;
(D) the restoration of any historic building relating
to the themes of the Heritage Area;
(E) ensuring that clear signs identifying access
points and sites of interest are put in place throughout the Heritage
(F) carrying out other actions that the management
entity determines to be advisable to fulfill the purposes of this
(3) encourage by appropriate means economic viability
in the Heritage Area consistent with the goals of the management
(4) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area; and [[Page
118 STAT. 3371]]
(5) for any year in which Federal funds have been
provided to implement the management plan under subsection (b)-
(A) conduct public meetings at least annually regarding
the implementation of the management plan;
(B) <<NOTE: Reports.>> submit an annual
report to the Secretary setting forth accomplishments, expenses
and income, and each person to which any grant was made by the management
entity in the year for which the report is made; and
(C) require, for all agreements entered into by
the management entity authorizing expenditure of Federal funds by
any other person, that the person making the expenditure make available
to the management entity for audit all records pertaining to the
expenditure of such funds.
(e) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this
title to acquire real property or an interest in real property.
SEC. 606. <<NOTE: 16 USC 461 note.>>
DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--
(A) Overall assistance.--The Secretary may, upon
the request of the management entity, and subject to the availability
of appropriations, provide technical and financial assistance to
the management entity to carry out its duties under this title,
including updating and implementing a management plan that is submitted
under section 605(b) and approved by the Secretary and, prior to
such approval, providing assistance for initiatives.
(B) Other assistance.--If the Secretary has the
resources available to provide technical assistance to the management
entity to carry out its duties under this title (including updating
and implementing a management plan that is submitted under section
605(b) and approved by the Secretary and, prior to such approval,
providing assistance for initiatives), upon the request of the management
entity the Secretary shall provide such assistance on a reimbursable
basis. This subparagraph does not preclude the Secretary from providing
nonreimbursable assistance under subparagraph (A).
(2) Priority.--In assisting the management entity,
the Secretary shall give priority to actions that assist in the-
(A) implementation of the management plan;
(B) provision of educational assistance and advice
regarding land and water management techniques to conserve the significant
natural resources of the region;
(C) development and application of techniques promoting
the preservation of cultural and historic properties;
(D) preservation, restoration, and reuse of publicly
and privately owned historic buildings;
(E) design and fabrication of a wide range of interpretive
materials based on the management plan, including guide brochures,
visitor displays, audio- visual and interactive exhibits, and educational
curriculum materials for public education; and
(F) implementation of initiatives prior to approval
of the management plan. [[Page 118 STAT. 3372]]
(3) Documentation of structures.--The Secretary,
acting through the Historic American Building Survey and the Historic
American Engineering Record, shall conduct studies necessary to
document the industrial, engineering, building, and architectural
history of the Heritage Area.
(b) Approval <<NOTE: Deadline.>> and
Disapproval of Management Plans.--The Secretary, in consultation
with the Governor of Pennsylvania, shall approve or disapprove a
management plan submitted under this title not later than 90 days
after receiving such plan. In approving the plan, the Secretary
shall take into consideration the following criteria:
(1) The extent to which the management plan adequately
preserves and protects the natural, cultural, and historical resources
of the Heritage Area.
(2) The level of public participation in the development
of the management plan.
(3) The extent to which the board of directors of
the management entity is representative of the local government
and a wide range of interested organizations and citizens.
(c) Action Following Disapproval.--If the Secretary
disapproves a management plan, the Secretary shall advise the management
entity in writing of the reasons for the disapproval and shall make
recommendations for revisions in the management plan. <<NOTE:
Deadline.>> The Secretary shall approve or disapprove a proposed
revision within 90 days after the date it is submitted.
(d) Approving Changes.--The Secretary shall review
and approve amendments to the management plan under section 605(b)
that make substantial changes. Funds appropriated under this title
may not be expended to implement such changes until the Secretary
approves the amendments.
(e) Effect of Inaction.--If the Secretary does not
approve or disapprove a management plan, revision, or change within
90 days after it is submitted to the Secretary, then such management
plan, revision, or change shall be deemed to have been approved
by the Secretary.
SEC. 607. <<NOTE: 16 USC 461 note.>>
DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities
directly affecting the Heritage Area shall-
(1) consult with the Secretary and the management
entity with respect to such activities;
(2) cooperate with the Secretary and the management
entity in carrying out their duties under this title 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 that the management entity determines
shall not have an adverse effect on the Heritage Area.
SEC. 608. <<NOTE: 16 USC 461 note.>>
The Secretary may not make any grant or provide
any assistance under this title after the expiration of the 15-year
period beginning on the date that funds are first made available
for this title. [[Page 118 STAT. 3373]]
SEC. 609. <<NOTE: 16 USC 461 note.>>
REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners
Required.--No privately owned property shall be preserved, conserved,
or promoted by the management plan for the Heritage Area until the
owner of that private property has been notified in writing by the
management entity and has given written consent for such preservation,
conservation, or promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property
included within the boundary of the Heritage Area shall have their
property immediately removed from the boundary by submitting a written
request to the management entity.
SEC. 610. <<NOTE: 16 USC 461 note.>>
PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this
title shall be construed to--
(1) require any private property owner to allow
public access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local
law with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area
shall not be considered to create any liability, or to have any
effect on any liability under any other law, of any private property
owner with respect to any persons injured on such private property.
(c) Recognition of Authority To Control Land Use.--Nothing
in this title shall be construed to modify the authority of Federal,
State, or local governments to regulate land use.
(d) Participation of Private Property Owners in
Heritage Area.-- Nothing in this title shall be construed to require
the owner of any private property located within the boundaries
of the Heritage Area to participate in or be associated with the
(e) Effect of Establishment.--The boundaries designated
for the Heritage Area represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Area and its boundaries shall not
be construed to provide any nonexisting regulatory authority on
land use within the Heritage Area or its viewshed by the Secretary,
the National Park Service, or the management entity.
SEC. 611. <<NOTE: 16 USC 461 note.>>
USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this title shall preclude the management
entity from using Federal funds available under Acts other than
this title for the purposes for which those funds were authorized.
SEC. 612. <<NOTE: 16 USC 461 note.>>
AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
to carry out this title--
(1) not more than $1,000,000 for any fiscal year;
(2) not more than a total of $10,000,000.
(b) 50 Percent Match.--Financial assistance provided
under this title may not be used to pay more than 50 percent of
the total cost of any activity carried out with that assistance.