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 <-program 
22goals, guidelines and policies for the implementation and
23administration of the program <-with input from the nonprofit 
24organizations or governmental entities that manage the heritage 
25areas. <-The department shall consult with the heritage areas on 
26an annual basis to discuss program goals, guidelines and 
27policies.

28(c) Funding.--The department shall, under subsection (f),
29allocate funds appropriated to the department to the program for
30the following purposes:

1(1) Management, administration, operation and marketing
2of heritage areas.

3(2) Planning, implementation, technical assistance and
4educational projects and programs related to heritage areas.

5(3) Development, construction, rehabilitation, repair,
6acquisition, preservation and enhancement of lands, buildings
7and other structures related to heritage areas.

8(4) Protection, documentation, interpretation and
9promotion of the cultural, natural, scenic, recreational and
10historic resources of heritage areas.

11(5) Establishment of partnerships and coalitions of
12governmental and nongovernmental agencies and organizations
13to assist heritage areas with the implementation of
14management action plans.

15(6) Any other activities deemed appropriate by the
16department.

17(d) Use.--A heritage area may use the funding allocated by
18the department for the program to provide a grant <-and loan to
19another entity and organization, including a county,
20municipality, authority, nonprofit organization, other
21authorized organization, private sector firm and business, if
22the purpose of the grant <-or loan meets the requirements of
23subsection (c).

24(e) Eligibility.--In addition to any other funding provided
25to a heritage area, a heritage area shall be eligible to apply
26for a grant and loan program administered by the department or
27other Federal or State agency or entity.

<-28(f) Amount.--The department shall allocate all funds
29appropriated annually by the General Assembly for the program in
30equal amounts to each State-designated heritage area.

<-1(f) Amount.--

2(1) The department shall distribute funds to the program
3based on established program goals, guidelines and policies.

4(2) The department shall allocate all funds appropriated 
5annually by the General Assembly for the program and each 
6State-designated heritage area shall receive a minimum amount 
7established by the program goals, guidelines and policies.

8(g) Administrative use.--The department may use no more than
95% of the funding appropriated annually for the program for
10administrative purposes, including the development of a
11strategic plan or other appropriate initiative related to the
12administration of the program.

<-13Section 5. Heritage Partnerships Advisory Committee.

14(a) Establishment.--The department shall establish a
15Heritage Partnerships Advisory Committee to provide cooperation
16and coordination among other Commonwealth agencies, commissions
17and organizations to promote heritage areas in this
18Commonwealth.

19(b) Composition.--The committee shall consist of the
20following members:

21(1) Six members to be appointed by the Governor as
22follows:

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

24(ii) The Secretary of Community and Economic
25Development or the secretary's designee.

26(iii) The Secretary of Transportation or the
27secretary's designee.

28(iv) One member from the Pennsylvania Historical and
29Museum Commission.

30(v) One member from a heritage area.

1(vi) One member from the Center for Rural
2Pennsylvania.

3(vii) One member from Preservation Pennsylvania.

4(2) Four members of the General Assembly as follows:

5(i) The chairman and minority chairman of the
6Community, Economic and Recreational Development
7Committee of the Senate.

8(ii) The chairman and minority chairman of the
9Tourism and Recreational Development Committee of the
10House of Representatives.

11(c) Chair.--The secretary or the secretary's designee shall
12chair the committee and shall appoint a vice chairman to chair a
13committee meeting in the absence of the secretary or the
14secretary's designee. The secretary shall inform the Governor if
15a vacancy occurs.

16(d) Terms.--

17(1) The secretary or the secretary's designee shall
18serve ex officio.

19(2) The following shall apply:

20(i) A member of the Senate and the House of
21Representatives shall serve a two-year term which shall
22run concurrently with the term of the legislative
23session.

24(ii) Except for a member under subparagraph (i), a
25member of the committee initially appointed by the
26Governor shall continue in office for terms of two or
27three years from the date of appointment, as designated
28by the Governor at the time of the appointment.

29(3) A successor member of the committee shall be
30appointed for a term of three years.

1(4) If a vacancy occurs on the committee, the Governor
2shall appoint a successor to serve the duration of the
3unexpired term. A person appointed to fill a vacancy for a
4period of less than two years may be eligible for appointment
5to a full three-year term. A member who serves a full term or
6fills a vacancy for a period of two years or more shall not
7be eligible for reappointment until a period of three years
8expires.

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

10(1) Except as provided under paragraph (2), serve
11without compensation.

12(2) Receive reimbursement for a reasonable and necessary
13expense incurred in connection with the performance of the
14member's duties.

15(f) Meeting and quorum.--The committee shall meet at least
16quarterly and at any other time designated by the secretary. A
17meeting may be held anywhere within this Commonwealth. A
18majority of the members of the committee shall constitute a
19quorum for the transaction of business at a meeting.

20(g) Responsibilities.--The committee shall provide the
21following:

22(1) Expertise on a program and issue related to a
23member's respective agency or organization as it relates to
24the program.

25(2) Assistance in obtaining additional funds through
26grants and loans available from the Federal Government,
27Commonwealth agencies and other sources.

28(3) Coordination of funding of an application for a
29project and program to maximize the leveraging of State funds
30and the efficiency of State spending.

1(4) Technical assistance and guidance to the department
2and each heritage area.

3(h) Promotion.--Members of the committee are encouraged to
4incorporate and promote heritage areas within the mission, goal
5and priority of the member's respective agencies and
6organizations and throughout this Commonwealth.

7Section <-20 5. Repeal and continuation.

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

9(1) The General Assembly declares that the repeal under
10paragraph (2) is necessary to effectuate this act.

11(2) Article XVI-J of the act of April 9, 1929 (P.L.343,
12No.176), known as The Fiscal Code, is repealed.

13(b) Continuation.--This act is a continuation of Article
14XVI-J of The Fiscal Code. Except as otherwise provided in this
15act, all activities initiated under Article XVI-J of The Fiscal
16Code shall continue and remain in full force and effect and may
17be completed under this act. Orders, regulations, rules and
18decisions which were made under Article XVI-J of The Fiscal Code
19and which are in effect on the effective date of subsection (a)
20(2) shall remain in full force and effect until revoked, vacated
21or modified under this act. Contracts, obligations and
22collective bargaining agreements entered into under Article XVI-
23J of The Fiscal Code are not affected nor impaired by the repeal
24of Article XVI-J of The Fiscal Code.

25Section <-21 6. Effective date.

26This act shall take effect immediately.