AN ACT

 

1Establishing the Heritage Area Program to identify, protect,
2enhance and promote the historic, recreational, natural,
3cultural and scenic resources of this Commonwealth and to
4stimulate community revitalization and economic development
5through regional heritage conservation, recreation, tourism
6and partnerships; and repealing provisions in the Fiscal Code
7relating to heritage areas.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Short title.

11This act shall be known and may be cited as the Heritage Area
12Program Act.

13Section 2. Declaration of policy.

14The General Assembly finds and declares as follows:

15(1) The act of June 28, 1995 (P.L.89, No.18), known as
16the Conservation and Natural Resources Act, created the
17Department of Conservation and Natural Resources and

1empowered the department to administer State heritage
2conservation programs, such as the Pennsylvania Heritage
3Parks Program.

4(2) The Pennsylvania Heritage Parks Program consists of
5heritage areas, which are multicounty regions located in this
6Commonwealth and designated by gubernatorial action that
7promotes an appreciation of the history and heritage of the
8regions.

9(3) Since 1989, heritage areas assist communities in
10developing, restoring, preserving and conserving nationally,
11State and locally significant historic, cultural, natural and
12recreational resources through capital and programmatic
13investments.

14(4) Heritage areas have successfully demonstrated the
15ability to create public, private and nonprofit investment
16partnerships leveraging significant investments for every
17dollar of Commonwealth funds.

18(5) Heritage areas are a key catalyst in regions of this
19Commonwealth for economic growth and community development
20strategies and investments resulting in tourism promotion,
21small business development and the creation of jobs.

22(6) The Commonwealth's program has long been recognized,
23studied and replicated by other states and the National Park
24Service as a model for successful heritage and community
25conservation and development.

26(7) Due to the success of the program, a targeted effort
27should be made to promote this Commonwealth's heritage areas
28by providing dedicated funding.

29Section 3. Definitions.

30The following words and phrases when used in this act shall

1have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Committee." The Heritage Partnerships Advisory Committee.

4"Department." The Department of Conservation and Natural
5Resources of the Commonwealth.

6"Heritage area." A Commonwealth-designated region, managed
7by a nonprofit organization or governmental entity, which
8conserves nationally and State significant landscapes and
9develops, protects, interprets and promotes its historic,
10cultural, natural and recreational resources to stimulate
11economic and community development.

12"Program." The Heritage Area Program.

13"Secretary." The Secretary of the Department of Conservation
14and Natural Resources of the Commonwealth.

15Section 4. Heritage Area Program.

16(a) Establishment.--The Heritage Area Program is established
17within the department to identify, protect, develop, enhance and
18promote the historic, recreational, natural, cultural and scenic
19resources of this Commonwealth and to stimulate community
20revitalization and economic development through regional
21heritage conservation, recreation, tourism and partnerships.

22(b) Administration.--The department shall adopt guidelines
23and policies for the implementation and administration of the
24program with input from the nonprofit organizations or
25governmental entities that manage heritage areas.

26(c) Funding.--The department shall, under subsection (f),
27allocate funds appropriated to the department to the program for
28the following purposes:

29(1) Management, administration, operation and marketing
30of heritage areas.

1(2) Planning, implementation, technical assistance and
2educational projects and programs related to heritage areas.

3(3) Development, construction, rehabilitation, repair,
4acquisition, preservation and enhancement of lands, buildings
5and other structures related to heritage areas.

6(4) Protection, documentation, interpretation and
7promotion of the cultural, natural, scenic, recreational and
8historic resources of heritage areas.

9(5) Establishment of partnerships and coalitions of
10governmental and nongovernmental agencies and organizations
11to assist heritage areas with the implementation of
12management action plans.

13(6) Any other activities deemed appropriate by the
14department.

15(d) Use.--A heritage area may use the funding allocated by
16the department to provide a grant and loan to another entity and
17organization, including a county, municipality, authority,
18nonprofit organization, other authorized organization, private
19sector firm and business, if the purpose of the grant or loan
20meets the requirements of subsection (c).

21(e) Eligibility.--In addition to any other funding provided
22to a heritage area, a heritage area shall be eligible to apply
23for a grant and loan program administered by the department or
24other Federal or State agency or entity.

25(f) Amount.--The department shall allocate all funds
26appropriated annually by the General Assembly for the program in
27equal amounts to each heritage area.

28(g) Administrative use.--The department may use no more than
295% of the funding appropriated annually for the program for
30administrative purposes, including the development of a

1strategic plan or other appropriate initiative related to the
2administration of the program.

3Section 5. Heritage Partnerships Advisory Committee.

4(a) Establishment.--The department shall establish a
5Heritage Partnerships Advisory Committee to provide cooperation
6and coordination among other Commonwealth agencies, commissions
7and organizations to promote heritage areas in this
8Commonwealth.

9(b) Composition.--The committee shall consist of the
10following members:

11(1) Six members to be appointed by the Governor as
12follows:

13(i) The secretary or the secretary's designee.

14(ii) The Secretary of Community and Economic
15Development or the secretary's designee.

16(iii) The Secretary of Transportation or the
17secretary's designee.

18(iv) One member from the Pennsylvania Historical and
19Museum Commission.

20(v) One member from a heritage area.

21(vi) One member from the Center for Rural
22Pennsylvania.

23(vii) One member from Preservation Pennsylvania.

24(2) Four members of the General Assembly as follows:

25(i) The chairman and minority chairman of the
26Community, Economic and Recreational Development
27Committee of the Senate.

28(ii) The chairman and minority chairman of the
29Tourism and Recreational Development Committee of the
30House of Representatives.

1(c) Chair.--The secretary or the secretary's designee shall
2chair the committee and shall appoint a vice chairman to chair a
3committee meeting in the absence of the secretary or the
4secretary's designee. The secretary shall inform the Governor if
5a vacancy occurs.

6(d) Terms.--

7(1) The secretary or the secretary's designee shall
8serve ex officio.

9(2) The following shall apply:

10(i) A member of the Senate and the House of
11Representatives shall serve a two-year term which shall
12run concurrently with the term of the legislative
13session.

14(ii) Except for a member under subparagraph (i), a
15member of the committee initially appointed by the
16Governor shall continue in office for terms of two or
17three years from the date of appointment, as designated
18by the Governor at the time of the appointment.

19(3) A successor member of the committee shall be
20appointed for a term of three years.

21(4) If a vacancy occurs on the committee, the Governor
22shall appoint a successor to serve the duration of the
23unexpired term. A person appointed to fill a vacancy for a
24period of less than two years may be eligible for appointment
25to a full three-year term. A member who serves a full term or
26fills a vacancy for a period of two years or more shall not
27be eligible for reappointment until a period of three years
28expires.

29(e) Compensation.--A member shall:

30(1) Except as provided under paragraph (2), serve

1without compensation.

2(2) Receive reimbursement for a reasonable and necessary
3expense incurred in connection with the performance of the
4member's duties.

5(f) Meeting and quorum.--The committee shall meet at least
6quarterly and at any other time designated by the secretary. A
7meeting may be held anywhere within this Commonwealth. A
8majority of the members of the committee shall constitute a
9quorum for the transaction of business at a meeting.

10(g) Responsibilities.--The committee shall provide the
11following:

12(1) Expertise on a program and issue related to a
13member's agency or organization as it relates to the program.

14(2) Assistance in obtaining additional funds through
15grants and loans available from the Federal Government,
16Commonwealth agencies and other sources.

17(3) Coordination of funding of an application for a
18project and program to maximize the leveraging of State funds
19and the efficiency of State spending.

20(4) Technical assistance and guidance to the department
21and each heritage area.

22(h) Promotion.--Members of the committee are encouraged to
23incorporate and promote heritage areas within the mission, goal
24and priority of the member's respective agencies and
25organizations and throughout this Commonwealth.

26Section 6. Repeal and continuation.

27(a) Repeal.--Repeals are as follows:

28(1) The General Assembly declares that the repeal under
29paragraph (2) is necessary to effectuate this act.

30(2) Article XVI-J of the act of April 9, 1929 (P.L.343,

1No.176), known as The Fiscal Code, is repealed.

2(b) Continuation.--This act is a continuation of Article
3XVI-J of The Fiscal Code. Except as otherwise provided in this
4act, all activities initiated under Article XVI-J of The Fiscal
5Code shall continue and remain in full force and effect and may
6be completed under this act. Orders, regulations, rules and
7decisions which were made under Article XVI-J of The Fiscal Code
8and which are in effect on the effective date of subsection (a)
9(2) shall remain in full force and effect until revoked, vacated
10or modified under this act. Contracts, obligations and
11collective bargaining agreements entered into under Article XVI-
12J of The Fiscal Code are not affected nor impaired by the repeal
13of Article XVI-J of The Fiscal Code.

14Section 7. Effective date.

15This act shall take effect immediately.