[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2095 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 2095
To provide for the establishment of the Ohio River Corridor Study
Commission, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 1993
Mr. Hamilton (for himself and Mr. Bunning) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the establishment of the Ohio River Corridor Study
Commission, and for other purposes.
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 ``Ohio River Corridor Study Commission
Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The amenities and resources of the Ohio River, which
flows through 6 States from its headwaters in the Commonwealth
of Pennsylvania to its confluence with the Mississippi River
and comprises a chain of commercial, industrial, historical,
archaeological, natural, recreational, scenic, wildlife, urban,
rural, cultural, and economic areas, are of major significance
and importance to the Nation.
(2) The national interest is served by--
(A) preserving, protecting, and improving such
amenities and resources for the benefit of the people
of the United States; and
(B) improving the coordination between all levels
of government in the Ohio River Corridor.
(3) The preservation, protection, and improvement of such
amenities and resources are failing to be fully realized
despite efforts by the States through which the Ohio flows,
political subdivisions of such States, and volunteer
associations and private businesses in such States.
(4) Existing Federal agency programs are offering
insufficient coordination to State and local planning and
regulatory authorities to provide for resource management and
economic development in a manner that is consistent with the
protection and public use of the Corridor's amenities and
resources.
(5) The national Government should assist in the
coordination, preservation, and interpretation activities of
public and private entities with respect to the significant
amenities and resources associated with the Ohio River.
(b) Purposes.--The purposes of this Act are to--
(1) focus attention on the unique and nationally
significant resources of the Ohio River Corridor;
(2) provide a means and a stimulus for coordinating the
preservation, protection, improvement, enjoyment, and
utilization of the resources of the Ohio River Corridor; and
(3) establish a national entity to gather, assess, and
disseminate information on the historic, economic, natural,
recreational, scenic, and cultural opportunities in the Ohio
River Corridor.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Commission'' means the Ohio River Corridor
Study Commission established by section 4.
(2) The terms ``Ohio River Corridor'' and ``Corridor'' mean
the Ohio River from Pittsburgh, Pennsylvania, to Cairo,
Illinois, and an area extending from the river's edge to the
landward boundary of each county along its designated length.
(3) The term ``Ohio River State'' means any of the States
of Illinois, Kentucky, Indiana, Ohio, West Virginia, and
Pennsylvania.
SEC. 4. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the Ohio River
Corridor Study Commission.
SEC. 5. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall study and make recommendations
regarding--
(1) the feasibility of establishing an Ohio River National
Heritage Corridor for the Ohio River Corridor; and
(2) the preservation, protection, improvement, enjoyment,
and utilization of the historic, economic, natural,
recreational, scenic, and cultural resources of the Corridor
consistent with the purposes of this Act.
(b) Information Collection; Consultation.--As part of the study
conducted under subsection (a), the Commission shall--
(1) assess the preservation, protection, improvement,
enjoyment, and utilization potential of the historic, economic,
natural, recreational, scenic, and cultural resources of the
Corridor;
(2) collect information dealing with ongoing activities,
management plans, and opportunities regarding historic,
economic, natural, recreational, scenic, and cultural resources
in the Corridor;
(3) make such information available to Federal agencies,
States, and political subdivisions thereof, tribal governments,
educational institutions, volunteer associations, and private
businesses to assist such entities in undertaking activities to
preserve, protect, improve, or utilize the historic, economic,
natural, recreational, scenic, or cultural resources of the
Corridor;
(4) consult with the Ohio River Valley Water Sanitation
Commission and the Ohio River Basin Commission, and cooperate
with the commissions and such associations in the performance
of its duties;
(5) provide a forum for the consideration of resource
issues relating to the Corridor;
(6) seek and encourage the participation of affected State
and local governments, interested citizens, public officials,
groups, agencies, educational institutions, and others in the
preservation, protection, improvement, enjoyment, and
utilization of the Corridor's resources;
(7) recommend methods and means for educating the general
population about the national importance and value of the Ohio
River as a natural resource and national treasure; and
(8) make the Commission accessible to such groups,
agencies, and citizens by holding at least one well-publicized
public hearing in every State within the Corridor.
(c) Report.--The Commission shall prepare a report--
(1) specifying the results of the study conducted under
subsection (a); and
(2) containing--
(A) a description of the Ohio River Corridor and
the proposed boundaries of an Ohio River National
Heritage Corridor (if so recommended) showing the
corridor and such zones as may be appropriate;
(B) an inventory and assessment of the historic,
economic, natural, recreational, scenic, and cultural
resources of the Corridor;
(C) specific preservation and interpretation goals;
(D) proposed management strategies whereby the
funds, data, personnel, and authorities of public and
private entities may be combined and coordinated in
furtherance of the purposes of this Act; and
(E) such recommendations as the Commission may deem
appropriate with respect to subparagraphs (A) through
(F) and with respect to public access to and
interpretation of the natural and cultural resources of
the river and related outdoor recreation opportunities.
SEC. 6. ORGANIZATION OF THE COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 11
members as follows:
(1) The Director of the National Park Service (or
designee).
(2) The Secretary of Transportation (or designee).
(3) The Secretary of Commerce (or designee).
(4) The Director of the United States Fish and Wildlife
Service (or designee).
(5) The Chief of Engineers of the Army Corps of Engineers
(or designee).
(6) One member from each Ohio River State appointed by the
Governor of such State.
(b) First Appointments.--Members of the Commission required by
subsection (a) to be appointed shall be first appointed not later than
45 days after the date of enactment of this Act.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment is made.
(d) Terms.--Members of the Commission shall be appointed for the
life of the Commission.
(e) Pay.--Members of the Commission shall serve without pay.
(f) Reimbursement of Expenses.--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 a per diem allowance in lieu of subsistence, in the same
manner as persons employed intermittently in Government service are
allowed travel expenses under section 5703 of title 5, United States
Code.
(g) Quorum.--(1) Seven members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings.
(2) A member of the Commission may vote by means of a signed proxy
exercised by another member of the Commission, but any member so voting
shall not be considered present for purposes of establishing a quorum.
(h) Chairperson.--As the first item of business at the first
meeting of the Commission, the members of the Commission shall elect a
chairperson of the Commission from among the members appointed under
subsection (a)(6).
(i) Meetings.--(1) The Commission shall meet at the call of the
chairperson or a majority of the members.
(2) Not later than 30 days after the members of the Commission are
first appointed, the Commission shall hold its first meeting.
(3) The Director of the National Park Service (or designee) shall
select the date of the first meeting and shall serve as chairperson
until the election of the chairperson under subsection (h).
(j) Technical Committee.--With the advice and consent of the
Commission members, the chairperson may appoint a technical committee
with representation from the various interest groups, professional
agencies, or advocacy groups within the Ohio River States with each
State having at least one member.
(k) Waiver.--The provisions of section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) are hereby waived with respect
to the Commission.
SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS; PERSONNEL OF
FEDERAL AGENCIES.
(a) Lead Agency.--The National Park Service shall, if personnel are
available, staff and advise the Commission.
(b) Staff.--The Commission, if National Park Service personnel are
not available, with advice from the Director of the National Park
Service (or designee), may appoint and fix the pay of such staff as the
Commission considers appropriate, subject to--
(1) the provisions of title 5, United States Code,
governing appointments in the competitive service; and
(2) the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General
Schedule pay rates.
(c) Experts and Consultants.--The Commission, with advice from the
Director of the National Park Service (or designee), may procure
temporary and intermittent services under section 3109(b) of title 5,
United States Code.
(d) Personnel of States and Political Subdivisions.--The Commission
may--
(1) accept the services of personnel detailed from an Ohio
River State or a political subdivision thereof; and
(2) reimburse such State or such subdivision for such
services.
(e) Personnel of Federal Agencies.--On an as needed basis, at the
request of the Commission, with the advice of the Director of the
National Park Service (or designee), 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 its duties
under this Act.
SEC. 8. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--For the purpose of carrying out this
Act, 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.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if so authorized by the Commission, take any action
which the Commission is authorized to take by this section.
(c) 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.
(d) Administrative Support Services.--The Administrator of General
Service shall provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.
SEC. 9. SUBMISSION OF REPORTS.
(a) Interim Report.--Not later than 2 years after the date of the
first meeting of the Commission, the Commission shall submit to the
President, the Speaker of the House of Representatives, the President
of the Senate, and the Governor of each Ohio River State a report
describing the progress of the Commission in carrying out the duties of
the Commission under section 5.
(b) Final Report.--Not later than 3 years after the date of the
first meeting of the Commission, the Commission shall submit to the
President, the Speaker of the House of Representatives, the President
of the Senate, and the Governor of each Ohio River State the report
required by section 5(c).
SEC. 10. TERMINATION OF COMMISSION.
Notwithstanding section 14(a)(2) of the Federal Advisory Committee
Act (5 U.S.C. App.), the Commission shall cease to exist 90 days after
submitting the report required by section 5(c) and submitted under
section 9(b).
SEC. 11. CONSENT TO NEGOTIATE PROPOSED COMPACTS.
The Congress hereby consents to the negotiation by any State
referred to in section 3 with one or more of any other such State of
proposed interstate agreements or compacts among such States in
furtherance of the purposes of this Act or the study referred to in
section 5 or any material component thereof.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the National Park Service
to for the Commission to carry out this Act $500,000, to be available
until expended in the course of the 3 years in which the Commission is
in existence.
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