AN ACT

 

1Establishing a Heritage Areas 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 making a related repeal.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Short title.

10This act shall be known and may be cited as the Heritage
11Areas Program Act.

12Section 2. Declaration of policy.

13The General Assembly finds and declares as follows:

14(1) The act of June 28, 1995 (P.L.89, No.18), known as
15the Conservation and Natural Resources Act, created the
16Department of Conservation and Natural Resources and
17empowered the department to administer State heritage
18conservation programs, such as the Pennsylvania Heritage

1Parks Program.

2(2) The Pennsylvania Heritage Parks Program consists of
3heritage areas, which are multicounty regions located in this
4Commonwealth and designated by gubernatorial action that
5promotes an appreciation of the history and heritage of the
6regions.

7(3) Since 1989, heritage areas assist communities in
8developing, restoring, preserving and conserving nationally,
9State and locally significant historic, cultural, natural and
10recreational resources through capital and programmatic
11investments.

12(4) Heritage areas have successfully demonstrated the
13ability to create public, private and nonprofit investment
14partnerships leveraging significant investments for every
15dollar of Commonwealth funds.

16(5) Heritage areas are a key catalyst in regions of this
17Commonwealth for economic growth and community development
18strategies and investments resulting in tourism promotion,
19small business development and the creation of jobs.

20(6) The Commonwealth's program has long been recognized,
21studied and replicated by other states and the National Park
22Service as a model for successful heritage and community
23conservation and development.

24(7) Due to the success of the program, a targeted effort
25should be made to promote this Commonwealth's heritage areas
26by providing dedicated funding.

27Section 3. Definitions.

28The following words and phrases when used in this act shall
29have the meanings given to them in this section unless the
30context clearly indicates otherwise:

1"Committee." The Heritage Partnerships Advisory Committee.

2"Department." The Department of Conservation and Natural
3Resources of the Commonwealth.

4"Heritage areas." Commonwealth-designated regions, managed
5by nonprofit organizations or governmental entities, which
6conserve nationally and State significant landscapes and
7develop, protect, interpret and promote their historic,
8cultural, natural and recreational resources to stimulate
9economic and community development.

10"Program." The Heritage Areas Program.

11"Secretary." The Secretary of Conservation and Natural
12Resources of the Commonwealth.

13Section 4. Heritage Areas Program.

14(a) Establishment.--The Heritage Areas Program is
15established within the department to identify, protect, develop,
16enhance and promote the historic, recreational, natural,
17cultural and scenic resources of this Commonwealth and to
18stimulate community revitalization and economic development
19through regional heritage conservation, recreation, tourism and
20partnerships.

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

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

28(1) Management, administration, operation and marketing
29of heritage areas.

30(2) Planning, implementation, technical assistance and

1educational projects and programs related to heritage areas.

2(3) Development, construction, rehabilitation, repair,
3acquisition, preservation and enhancement of lands, buildings
4and other structures related to heritage areas.

5(4) Protection, documentation, interpretation and
6promotion of the cultural, natural, scenic, recreational and
7historic resources of heritage areas.

8(5) Establishment of partnerships and coalitions of
9governmental and nongovernmental agencies and organizations
10to assist heritage areas with the implementation of
11management action plans.

12(6) Any other activities deemed appropriate by the
13department.

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

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

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

27(g) Administrative use.--The department may use no more than
285% of the funding appropriated annually for the program for
29administrative purposes, including the development of a
30strategic plan or other appropriate initiative related to the

1administration of the program.

2Section 5. Heritage Partnerships Advisory Committee.

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

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

10(1) Six members to be appointed by the Governor as
11follows:

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

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

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

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

19(v) One member from a heritage area.

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

22(vii) One member from Preservation Pennsylvania.

23(2) Four members of the General Assembly as follows:

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

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

30(c) Chair.--The secretary or the secretary's designee shall

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

5(d) Terms.--

6(1) The secretary or the secretary's designee shall
7serve ex officio.

8(2) The following shall apply:

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

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

18(3) A successor member of the committee shall be
19appointed for a term of three years.

20(4) If a vacancy occurs on the committee, the Governor
21shall appoint a successor to serve the duration of the
22unexpired term. A person appointed to fill a vacancy for a
23period of less than two years may be eligible for appointment
24to a full three-year term. A member who serves a full term or
25fills a vacancy for a period of two years or more shall not
26be eligible for reappointment until a period of three years
27expires.

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

29(1) Except as provided under paragraph (2), serve
30without compensation.

1(2) Receive reimbursement for a reasonable and necessary
2expense incurred in connection with the performance of the
3member's duties.

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

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

11(1) Expertise on a program and issue related to a
12member's respective agency or organization as it relates to
13the 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 20. 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 21. Effective date.

15This act shall take effect immediately.