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

<-23(b) Administration.--

24(1) The department shall adopt program guidelines and 
25policies for the implementation and administration of the 
26program<- with input from the nonprofit organizations or 
27governmental entities that manage heritage areas.

<-28(2) The department shall consult with the heritage areas
29on an annual basis to discuss program goals, guidelines and
30policies.

1(c) Funding.--The department shall, under subsection (f),
2allocate funds appropriated to the department to the program for
3the following purposes:

4(1) Management, administration, operation and marketing
5of heritage areas.

6(2) Planning, implementation, technical assistance and
7educational projects and programs related to heritage areas.

8(3) Development, construction, rehabilitation, repair,
9acquisition, preservation and enhancement of lands, buildings
10and other structures related to heritage areas.

11(4) Protection, documentation, interpretation and
12promotion of the cultural, natural, scenic, recreational and
13historic resources of heritage areas.

14(5) Establishment of partnerships and coalitions of
15governmental and nongovernmental agencies and organizations
16to assist heritage areas with the implementation of
17management action plans.

18(6) Any other activities deemed appropriate by the
19department.

20(d) Use.--A heritage area may use the funding allocated by
21the department for the program to provide a grant <-and loan to
22another entity and organization, including a county,
23municipality, authority, nonprofit organization, other
24authorized organization, private sector firm and business, if
25the purpose of the grant <-or loan meets the requirements of
26subsection (c).

27(e) Eligibility.--In addition to any other funding provided
28to a heritage area, a heritage area shall be eligible to apply
29for a grant and loan program administered by the department or
30other Federal or State agency or entity.

<-1(f) Amount.--The department shall allocate all funds
2appropriated annually by the General Assembly for the program in
3equal amounts to each heritage area.

<-4(f) Amount.--

5(1) The department shall distribute funds to the program
6based on established program goals, guidelines and policies.

7(2) The department shall allocate all funds appropriated
8annually for the program, and each State-designated heritage
9area shall receive a minimum amount established by the
10program goals, guidelines and policies.

11(g) Administrative use.--The department may use no more than
125% of the funding appropriated annually for the program for
13administrative purposes, including the development of a
14strategic plan or other appropriate initiative related to the
15administration of the program.

<-16Section 5. Heritage Partnerships Advisory Committee.

17(a) Establishment.--The department shall establish a
18Heritage Partnerships Advisory Committee to provide cooperation
19and coordination among other Commonwealth agencies, commissions
20and organizations to promote heritage areas in this
21Commonwealth.

22(b) Composition.--The committee shall consist of the
23following members:

24(1) Six members to be appointed by the Governor as
25follows:

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

27(ii) The Secretary of Community and Economic
28Development or the secretary's designee.

29(iii) The Secretary of Transportation or the
30secretary's designee.

1(iv) One member from the Pennsylvania Historical and
2Museum Commission.

3(v) One member from a heritage area.

4(vi) One member from the Center for Rural
5Pennsylvania.

6(vii) One member from Preservation Pennsylvania.

7(2) Four members of the General Assembly as follows:

8(i) The chairman and minority chairman of the
9Community, Economic and Recreational Development
10Committee of the Senate.

11(ii) The chairman and minority chairman of the
12Tourism and Recreational Development Committee of the
13House of Representatives.

14(c) Chair.--The secretary or the secretary's designee shall
15chair the committee and shall appoint a vice chairman to chair a
16committee meeting in the absence of the secretary or the
17secretary's designee. The secretary shall inform the Governor if
18a vacancy occurs.

19(d) Terms.--

20(1) The secretary or the secretary's designee shall
21serve ex officio.

22(2) The following shall apply:

23(i) A member of the Senate and the House of
24Representatives shall serve a two-year term which shall
25run concurrently with the term of the legislative
26session.

27(ii) Except for a member under subparagraph (i), a
28member of the committee initially appointed by the
29Governor shall continue in office for terms of two or
30three years from the date of appointment, as designated

1by the Governor at the time of the appointment.

2(3) A successor member of the committee shall be
3appointed for a term of three years.

4(4) If a vacancy occurs on the committee, the Governor
5shall appoint a successor to serve the duration of the
6unexpired term. A person appointed to fill a vacancy for a
7period of less than two years may be eligible for appointment
8to a full three-year term. A member who serves a full term or
9fills a vacancy for a period of two years or more shall not
10be eligible for reappointment until a period of three years
11expires.

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

13(1) Except as provided under paragraph (2), serve
14without compensation.

15(2) Receive reimbursement for a reasonable and necessary
16expense incurred in connection with the performance of the
17member's duties.

18(f) Meeting and quorum.--The committee shall meet at least
19quarterly and at any other time designated by the secretary. A
20meeting may be held anywhere within this Commonwealth. A
21majority of the members of the committee shall constitute a
22quorum for the transaction of business at a meeting.

23(g) Responsibilities.--The committee shall provide the
24following:

25(1) Expertise on a program and issue related to a
26member's agency or organization as it relates to the program.

27(2) Assistance in obtaining additional funds through
28grants and loans available from the Federal Government,
29Commonwealth agencies and other sources.

30(3) Coordination of funding of an application for a

1project and program to maximize the leveraging of State funds
2and the efficiency of State spending.

3(4) Technical assistance and guidance to the department
4and each heritage area.

5(h) Promotion.--Members of the committee are encouraged to
6incorporate and promote heritage areas within the mission, goal
7and priority of the member's respective agencies and
8organizations and throughout this Commonwealth.

9Section <-6 5. Repeal and continuation.

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

11(1) The General Assembly declares that the repeal under
12paragraph (2) is necessary to effectuate this act.

13(2) Article XVI-J of the act of April 9, 1929 (P.L.343,
14No.176), known as The Fiscal Code, is repealed.

15(b) Continuation.--This act is a continuation of Article
16XVI-J of The Fiscal Code. Except as otherwise provided in this
17act, all activities initiated under Article XVI-J of The Fiscal
18Code shall continue and remain in full force and effect and may
19be completed under this act. Orders, regulations, rules and
20decisions which were made under Article XVI-J of The Fiscal Code
21and which are in effect on the effective date of subsection (a)
22(2) shall remain in full force and effect until revoked, vacated
23or modified under this act. Contracts, obligations and
24collective bargaining agreements entered into under Article XVI-
25J of The Fiscal Code are not affected nor impaired by the repeal
26of Article XVI-J of The Fiscal Code.

27Section <-7 6. Effective date.

28This act shall take effect immediately.