H.R. 3571 — Morris and Delaware and Raritan Navigation Canal National Heritage Corridor Act of 1989

 
HR 3571 IH
101st CONGRESS
1st Session
 H. R. 3571
To establish the Morris and Delaware and Raritan Navigation Canal National
Heritage Corridor in the State of New Jersey.
IN THE HOUSE OF REPRESENTATIVES
November 1, 1989
Mr. COURTER introduced the following bill; which was referred to the Committee
on Interior and Insular Affairs
A BILL
To establish the Morris and Delaware and Raritan Navigation Canal National
Heritage Corridor in the State of New Jersey.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Morris and Delaware and Raritan Navigation
  Canal National Heritage Corridor Act of 1989'.
SEC. 2. FINDINGS.
  Congress finds the following:
  (1) The Morris Canal, which was completed in November 1831, and the
  Delaware and Raritan Canal, which opened on June 24, 1834, provided early
  and essential links in a 4,000 mile national transportation route and
  contributed to New Jersey's early economic growth.
  (2) The Morris Canal first opened in interstate and international commerce,
  transporting Pennsylvania coal and New Jersey iron ore across New Jersey
  and to the world through the ports of Newark.
  (3) The Delaware and Raritan Canal provided the first smooth connection
  between New York and Philadelphia, opening up new markets for central
  Jersey farm products as well as bringing central Jersey residents coal
  from Pennsylvania and finished goods from New York.
  (4) Both the Morris Canal and the Delaware and Raritan Canal have been
  placed on the National Register of Historic Places in recognition of their
  important historical contributions.
SEC. 3. ESTABLISHMENT OF NATIONAL HERITAGE CORRIDOR; PURPOSE.
  (a) ESTABLISHMENT- There is hereby established in the State of New Jersey the
  Morris and Delaware and Raritan Navigation Canal National Heritage Corridor.
  (b) PURPOSE- It is the purpose of this Act to provide a management
  framework to assist the State and its political subdivisions in developing
  and implementing integrated cultural, historical, and natural resource
  policies and programs that will preserve and interpret for the educational
  and inspirational benefit of present and future generations the unique
  and significant contributions to our national heritage of certain historic
  and cultural lands, waterways, and structures within and surrounding the
  Morris and Delaware and Raritan Navigation Canal in the State.
SEC. 4. BOUNDARIES AND ADMINISTRATION.
  (a) BOUNDARIES- The boundaries of the Corridor shall include those lands
  generally depicted on the map entitled `Morris and Delaware and Raritan Canal
  National Heritage Corridor' numbered             and dated            . The
  map shall be on file and available for public inspection in the offices
  of the Department of the Interior in Washington, District of Columbia,
  and the New Jersey Department of Environmental Protection. As soon as
  practical after the date of enactment of this Act, the Secretary shall
  publish in the Federal Register a detailed description and map of the
  boundaries established under this subsection.
  (b) ADMINISTRATION- The Corridor shall be administered in accordance with
  the provisions of this Act.
SEC. 5. MORRIS AND DELAWARE AND RARITAN CANAL NATIONAL HERITAGE CORRIDOR
COMMISSION.
  (a) ESTABLISHMENT- There is hereby established the Morris and Delaware
  and Raritan Canal National Heritage Corridor Commission (hereinafter in
  this Act referred to as the `Commission'). The Commission shall assist
  appropriate Federal, State, and local authorities in the development and
  implementation of an integrated resource management plan for the Corridor.
  (b) MEMBERSHIP- The Commission shall be composed of 21 members appointed
  not later than 6 months after the date of enactment of this Act as follows:
  (1) The Director of the National Park Service ex officio (or his delegate).
  (2) 4 individuals appointed by the Secretary, after receiving recommendations
  from the Governor, who shall represent the New Jersey Department of
  Environmental Protection, the New Jersey Historical and Museum Commission,
  the New Jersey Department of Commerce Economic Development Partnership,
  and the New Jersey Department of Community Affairs.
  (3) 8 representatives of local governments from the State appointed by
  the Secretary, after receiving recommendations from the Governor, of whom
  4 shall be representatives from the Morris Canal region and 4 shall be
  representatives from the Delaware and Raritan Canal region.
  (4) 8 individuals from the general public who are citizens of the State
  appointed by the Secretary, after receiving recommendations from the
  Governor, who shall have knowledge and experience in appropriate fields
  of interest relating to the preservation, use, and interpretation of the
  Corridor, of whom 4 shall be residents of the Morris Canal region and 4
  shall be residents of the Delaware and Raritan Canal region.
A vacancy in the Commission shall be filled in the manner in which the
original appointment was made.
  (c) TERMS- (1) Members of the Commission shall be appointed for terms of
  3 years and may be reappointed.
  (2) Any member appointed to fill a vacancy occurring before the expiration
  of the term for which his predecessor was appointed shall be appointed only
  for the remainder of such term. Any member of the Commission appointed
  for a definite term may serve after the expiration of his term until his
  successor has taken office.
  (d) COMPENSATION- Members of the Commission shall receive no pay on
  account of their service on the Commission, but while away from their
  homes or regular places of business in the performance of services for the
  Commission, members of the Commission shall be allowed travel expenses,
  including per diem in lieu of subsistence, in the same manner as persons
  employed intermittently in the Government service are allowed expenses
  under section 5703 of title 5, United States Code.
  (e) CHAIRPERSON- The chairperson of the Commission shall be elected by
  the members of the Commission. The term of the chairperson shall be 2 years.
  (f) QUORUM- (1) 11 members of the Commission shall constitute a quorum,
  but a lesser number may hold hearings.
  (2) The affirmative vote of not less than 6 members of the Commission
  shall be required to approve the budget of the Commission.
  (g) MEETINGS- The Commission shall hold its first meeting not later
  than 90 days after the date on which its members are appointed, and
  shall meet at least quarterly at the call of the chairperson or 6 of its
  members. Meetings of the Commission shall be subject to section 552b of
  title 5, United States Code (relating to open meetings).
SEC. 6. STAFF OF THE COMMISSION.
  (a) IN GENERAL- (1) The Commission shall have the power to appoint and fix
  the compensation of such staff as may be necessary to carry out its duties.
  (2) Staff appointed by the Commission--
  (A) shall be appointed subject to the provisions of title 5, United States
  Code, governing appointments in the competitive service; and
  (B) shall be paid in accordance with the provisions of chapter 51 and
  subchapter III of chapter 53 of such title relating to classification and
  General Schedule pay rates.
  (b) EXPERTS AND CONSULTANTS- Subject to such rules as may be adopted by the
  Commission, the Commission 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 Commission to be reasonable.
  (c) STAFF OF OTHER AGENCIES- (1) Upon request of the Commission, the head
  of any Federal agency may detail, on a reimbursable basis, any of the
  personnel of such agency to the Commission to assist the Commission in
  carrying out the Commission's duties.
  (2) The Commission may accept the services of personnel detailed from the
  State and any political subdivision thereof, and may reimburse the State
  or such political subdivision for those services.
SEC. 7. POWERS OF COMMISSION.
  (a) HEARINGS- (1) The Commission may hold such hearings, sit and act at
  such times and places, take such testimony, and receive such evidence,
  as the Commission considers appropriate.
  (2) The Commission may not issue subpoenas or exercise any subpoena
  authority.
  (b) POWERS OF MEMBERS AND AGENTS- Any member or agent of the Commission,
  if so authorized by the Commission, may take any action which the Commission
  is authorized to take by this Act.
  (c) ADMINISTRATIVE SUPPORT SERVICES- The Administrator of the General
  Services Administration shall provide to the Commission, on a reimbursable
  basis, such administrative support services as the Commission may request.
  (d) MAILS- The Commission may use the United States mails in the same
  manner and under the same conditions as other departments and agencies of
  the United States.
  (e) USE OF FUNDS TO OBTAIN MONEY- The Commission 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.
  (f) GIFTS- (1) Except as provided in subsection (g)(2)(B), the Commission
  may, for purposes of carrying out its duties, seek, accept, and dispose
  of gifts, bequests, or donations of money, personal property, or services,
  received from any source.
  (2) For purposes of section 170(c) of the Internal Revenue Code of 1986,
  any gift to the Commission shall be deemed to be a gift to the United States.
  (g) ACQUISITION OF REAL PROPERTY- (1) Except as provided in paragraph (2) and
  except with respect to any leasing of facilities under subsection (c), the
  Commission may not acquire any real property or interest in real property.
  (2) Subject to paragraph (3), the Commission may acquire real property,
  or interests in real property, in the Corridor--
  (A) by gift or devise; or
  (B) by purchase from a willing seller with money which was given or
  bequeathed to the Commission on the condition that such money would be used
  to purchase real property, or interests in real property, in the Corridor.
  (3) Any real property or interest in real property acquired by the Commission
  under paragraph (2) shall be conveyed by the Commission to an appropriate
  public agency, as determined by the Commission. Any such conveyance shall
  be made--
  (A) as soon as practicable after such acquisition;
  (B) without consideration; and
  (C) on the condition that the real property or interest in real property
  so conveyed is used for public purposes.
  (h) COOPERATIVE AGREEMENTS- For purposes of carrying out the plan, the
  Commission may enter into cooperative agreements with the State, with any
  political subdivision of the State, or with any person. Any such cooperative
  agreement shall, at a minimum, establish procedures for providing notice
  to the Commission of any action proposed by the State, such political
  subdivision, or such person which may affect the implementation of the Plan.
  (i) ADVISORY GROUPS- The Commission may establish such advisory groups as
  it deems necessary to ensure open communication with, and assistance from,
  the State, political subdivisions of the State, and interested persons.
SEC. 8. DUTIES OF THE COMMISSION.
  (a) PREPARATION OF PLAN- Within 2 years after the Commission conducts its
  first meeting, it shall submit to the Secretary a Cultural Heritage and
  Corridor Management Plan. The Plan shall be based on existing Federal,
  State, and local plans, but shall coordinate those plans and present a
  unified historic preservation and interpretation plan for the Corridor. The
  Plan shall--
  (1) provide an inventory which includes any property in the Corridor which
  should be preserved, restored, managed, developed, maintained, or acquired
  because of its national historic or cultural significance;
  (2) develop a historic interpretation plan to interpret the history of the
  Morris and Delaware and Raritan Navigation Canal and its surrounding area;
  (3) recommend policies for resource management which consider and detail
  the application of appropriate land and water management techniques,
  including the development of intergovernmental cooperative agreements,
  that will protect the Corridor's historical, cultural, scenic, and natural
  resources in a manner consistent with supporting appropriate and compatible
  economic revitalization efforts;
  (4) detail the ways in which local, State, and Federal programs may best
  be coordinated to promote the purposes of this Act; and
  (5) contain a program for implementation of the Plan by the State and its
  political subdivisions.
  (b) IMPLEMENTATION OF PLAN- After review and approval of the Plan by the
  Secretary as provided in section 10(a), the Commission shall implement the
  Plan by taking appropriate steps to preserve and interpret the historic
  resources of the Morris and Delaware and Raritan Navigation Canal and its
  surrounding area, and to support public and private efforts in economic
  revitalization consistent with the goals of the Plan. These steps may
  include, but need not be limited to--
  (1) assisting the State in preserving the Morris and Delaware and Raritan
  Navigation Canal;
  (2) assisting the State and local governments in designing, establishing, and
  maintaining visitor centers and other interpretive exhibits in the Corridor;
  (3) assisting in increasing public awareness of and appreciation for
  the historical, architectural, and geological resources and sites in
  the Corridor;
  (4) assisting the State, local governments, and nonprofit organizations
  in the restoration of any historic building in the Corridor;
  (5) encouraging by appropriate means enhanced economic and industrial
  development in the Corridor consistent with the goals of the Plan;
  (6) encouraging local governments to adopt land use policies consistent
  with the management of the Corridor and the goals of the Plan, and to take
  actions to implement those policies; and
  (7) ensuring that clear, consistent signs identifying access points and
  sites of interest are put in place throughout the Corridor.
SEC. 9. TERMINATION OF COMMISSION.
  (a) TERMINATION- Except as provided in subsection (b), the Commission shall
  terminate on the day occurring 5 years after the date of the enactment of
  this Act.
  (b) EXTENSIONS- The Commission may be extended for a period of not more
  than 5 years beginning on the day of termination referred to in subsection
  (a) if, not later than 180 days before such day--
  (1) the Commission determines such extension is necessary in order to
  carry out the purpose of this Act;
  (2) the Commission submits such proposed extension to the Committee on
  Interior and Insular Affairs of the House of Representatives and to the
  Committee on Energy and Natural Resources of the Senate; and
  (3) the Secretary approves such extension.
SEC. 10. DUTIES OF THE SECRETARY.
  (a) APPROVAL OF PLAN- The Secretary shall approve or disapprove a Plan
  submitted to him under this Act by the Commission not later than 60 days
  after he receives such Plan. The Secretary shall approve a Plan submitted
  to him if--
  (1) he finds that the Plan, if implemented, would adequately protect
  the significant historical and cultural resources of the Corridor while
  providing adequate and appropriate outdoor recreational opportunities and
  economic activities within the Corridor;
  (2) he determines that the Commission held public hearings and provided
  adequate opportunity for public and governmental involvement in the
  preparation of the Plan; and
  (3) he receives adequate assurances from appropriate State officials that
  the recommended implementation program identified in the Plan will be
  initiated within a reasonable time after the date of approval of the Plan,
  and that such implementation program will ensure effective implementation
  of the State and local aspects of the Plan.
  (b) DISAPPROVAL OF PLAN- If the Secretary disapproves a Plan submitted
  to him by the Commission, he shall advise the Commission in writing of
  the reasons therefor and shall make recommendations for revisions in
  the Plan. The Commission shall within 90 days of receipt of such notice
  of disapproval revise and resubmit the Plan to the Secretary who shall
  approve or disapprove a proposed revision within 60 days after the date
  it is submitted to him.
  (c) INTERPRETIVE MATERIALS- Following approval of the Plan as provided under
  subsection (a), the Secretary shall assist the Commission in designing
  and producing interpretive materials based on the Plan. Such materials
  may include--
  (1) guide brochures for exploring the Corridor by automobile, train,
  bicycle, boat, or foot;
  (2) indoor and outdoor visitor displays, which may include video
  presentations, at several locations along the Corridor; and
  (3) a mobile display describing the history of the Corridor, to be used
  in the Corridor, public buildings, libraries, and schools.
  (d) TECHNICAL ASSISTANCE- The Secretary shall, upon the request of
  the Commission, provide technical assistance to the Commission in the
  preparation and implementation of the Plan.
SEC. 11. DUTIES OF OTHER FEDERAL ENTITIES.
  Any Federal entity conducting or supporting activities directly affecting
  the flow of the Morris and Delaware and Raritan Navigation Canal or the
  natural resources of the Corridor shall--
  (1) consult with the Secretary and the Commission with respect to such
  activities;
  (2) cooperate with the Secretary and the Commission in carrying out their
  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 consistent with the Plan and the provisions of this Act.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
  (a) COMMISSION- There is authorized to be appropriated annually to the
  Commission to carry out its duties under this Act $860,000, except that
  the Federal contribution to the Commission shall not exceed 50 percent of
  the annual costs to the Commission of carrying out those duties.
  (b) SECRETARY- There are authorized to be appropriated annually to the
  Secretary such sums as may be necessary to carry out his duties under
  this Act.
SEC. 13. DEFINITIONS.
  For purposes of this Act--
  (1) the term `Commission' means the Morris and Delaware and Raritan
  Navigation Canal National Heritage Corridor Commission established under
  section 5(a);
  (2) the term `State' means the State of New Jersey;
  (3) the term `Corridor' means the Morris and Delaware and Raritan Navigation
  Canal National Heritage Corridor established under section 3(a);
  (4) The term `Plan' means the Cultural Heritage and Corridor Management
  Plan to be prepared by the Commission pursuant to section 8(a); and
  (5) the term `Secretary' means the Secretary of the Interior.
Morris and Delaware and Raritan Navigation Canal National Heritage Corridor Act of 1989

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