I 

109TH CONGRESS 

1ST SESSION S. 243 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2005 

Referred to the Committee on Resources 

AN ACT 

To establish a program and criteria for National Heritage 

Areas in the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Heritage Areas Partnership Act’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. National Heritage Areas system. 

Sec. 5. Studies. 

Sec. 6. Designation of National Heritage Areas. 

Sec. 7. Management plans. 

Sec. 8. Local coordinating entities. 

Sec. 9. Relationship to other Federal agencies. 

Sec. 10. Private property and regulatory protections. 

Sec. 11. Partnership support. 

Sec. 12. Authorization of appropriations. 

3 SEC. 2. PURPOSES. 

4 The purposes of this Act are— 

5 (1) to promote public understanding, apprecia6 tion, and enjoyment of many places, events and peo7 ple that have contributed to the story of the United 

8 States; 

9 (2) to promote innovative and partnership-driv10 en management strategies that recognize regional 

11 values, encourage locally tailored resource steward12 ship and interpretation, and provide for the effective 

13 leveraging of Federal funds with other local, State, 

14 and private funding sources; 

15 (3) to unify national standards and processes 

16 for conducting feasibility studies, designating a sys17 tem of National Heritage Areas, and approving 

18 management plans for National Heritage Areas; 

19 (4) to provide appropriate linkages between 

20 units of the National Park System and communities, 
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1 governments, and organizations within National 

2 Heritage Areas; and 

3 (5) to provide financial and technical assistance 

4 to National Heritage Area local coordinating entities 

5 that act as a catalyst for diverse regions, commu6 nities, organizations, and citizens to undertake 

7 projects and programs for collaborative resource 

8 stewardship and interpretation. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) LOCAL COORDINATING ENTITY.—The term 

12 ‘‘local coordinating entity’’ means the entity des13 ignated by Congress— 

14 (A) to develop, in partnership with others, 

15 the management plan for a National Heritage 

16 Area; and 

17 (B) to act as a catalyst for the implemen18 tation of projects and programs among diverse 

19 partners in the National Heritage Area. 

20 (2) MANAGEMENT PLAN.—The term ‘‘manage21 ment plan’’ means the plan prepared by the local co22 ordinating entity for a National Heritage Area des23 ignated by Congress that specifies actions, policies, 

24 strategies, performance goals, and recommendations 
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1 to meet the goals of the National Heritage Area, in 

2 accordance with section 7. 

3 (3) NATIONAL HERITAGE AREA.—The term 

4 ‘‘National Heritage Area’’ means an area designated 

5 by Congress that is nationally important to the her6 itage of the United States and meets the criteria es7 tablished under section 5(a). 

8 (4) NATIONAL IMPORTANCE.—The term ‘‘na9 tional importance’’ means possession of— 

10 (A) unique natural, historical, cultural, 

11 educational, scenic, or recreational resources of 

12 exceptional value or quality; and 

13 (B) a high degree of integrity of location, 

14 setting, or association in illustrating or inter15 preting the heritage of the United States. 

16 (5) PROPOSED NATIONAL HERITAGE AREA.— 

17 The term ‘‘proposed National Heritage Area’’ means 

18 an area under study by the Secretary or other par19 ties for potential designation by Congress as a Na20 tional Heritage Area. 

21 (6) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior. 

23 (7) STUDY.—The term ‘‘study’’ means a study 

24 conducted by the Secretary, or conducted by 1 or 

25 more other interested parties and reviewed by the 
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1 Secretary, in accordance with the criteria and proc2 esses established under section 5, to determine 

3 whether an area meets the criteria to be designated 

4 as a National Heritage Area by Congress. 

5 (8) SYSTEM.—The term ‘‘system’’ means the 

6 system of National Heritage Areas established under 

7 section 4(a). 

8 SEC. 4. NATIONAL HERITAGE AREAS SYSTEM. 

9 (a) IN GENERAL.—In order to recognize certain 

10 areas of the United States that tell nationally important 

11 stories and to protect, enhance, and interpret the natural, 

12 historic, scenic, and cultural resources of the areas that 

13 together illustrate significant aspects of the heritage of the 

14 United States, there is established a system of National 

15 Heritage Areas through which the Secretary shall provide 

16 technical and financial assistance to local coordinating en17 tities to support the establishment, development, and con18 tinuity of the National Heritage Areas. 

19 (b) SYSTEM.—The system of National Heritage 

20 Areas shall be composed of— 

21 (1) National Heritage Areas established by 

22 Congress before or on the date of enactment of this 

23 Act; and 
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1 (2) National Heritage Areas established by 

2 Congress after the date of enactment of this Act, as 

3 provided for in this Act. 

4 (c) RELATIONSHIP TO THE NATIONAL PARK SYS5 TEM.— 

6 (1) RELATIONSHIP TO NATIONAL PARK

7 UNITS.—The Secretary shall— 

8 (A) ensure, to the maximum extent prac9 ticable, participation and assistance by units of 

10 the National Park System located near or en11 compassed by National Heritage Areas in local 

12 initiatives for National Heritage Areas that 

13 conserve and interpret resources consistent with 

14 an approved management plan; and 

15 (B) work with National Heritage Areas to 

16 promote public enjoyment of units of the Na17 tional Park System and park-related resources. 

18 (2) APPLICABILITY OF LAWS.—National Herit19 age Areas shall not be— 

20 (A) considered to be units of the National 

21 Park System; or 

22 (B) subject to the laws applicable to units 

23 of the National Park System. 

24 (d) DUTIES.—Under the system, the Secretary 

25 shall— 
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1 (1)(A) conduct studies, as directed by Congress, 

2 to assess the suitability and feasibility of designating 

3 proposed National Heritage Areas; or 

4 (B) review and comment on studies undertaken 

5 by other parties to make such assessment; 

6 (2) provide technical and financial assistance, 

7 on a reimbursable or non-reimbursable basis (as de8 termined by the Secretary), for the development and 

9 implementation of management plans for designated 

10 National Heritage Areas; 

11 (3) enter into cooperative agreements with in12 terested parties to carry out this Act; 

13 (4) provide information, promote under14 standing, and encourage research on National Herit15 age Areas in partnership with local coordinating en16 tities; 

17 (5) provide national oversight, analysis, coordi18 nation, and technical and financial assistance and 

19 support to ensure consistency and accountability 

20 under the system; 

21 (6) submit annually to the Committee on Re22 sources of the House of Representatives and the 

23 Committee on Energy and Natural Resources of the 

24 Senate a report describing the allocation and ex25 penditure of funds for activities conducted with re-
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1 spect to National Heritage Areas under this Act; 

2 and 

3 (7)(A) conduct an evaluation and prepare a re4 port on the accomplishments, sustainability, and rec5 ommendations for the future of each designated Na6 tional Heritage Area 3 years before cessation of 

7 Federal funding for the area under section 12; and 

8 (B) submit a report on the findings of the eval9 uation to the Committee on Resources of the House 

10 of Representatives and the Committee on Energy 

11 and Natural Resources of the Senate. 

12 SEC. 5. STUDIES. 

13 (a) CRITERIA.—In conducting or reviewing a study, 

14 the Secretary shall apply the following criteria to deter15 mine the suitability and feasibility of designating a pro16 posed National Heritage Area: 

17 (1) An area— 

18 (A) has an assemblage of natural, historic, 

19 cultural, educational, scenic, or recreational re20 sources that together are nationally important 

21 to the heritage of the United States; 

22 (B) represents distinctive aspects of the 

23 heritage of the United States worthy of recogni24 tion, conservation, interpretation, and con25 tinuing use; 
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1 (C) is best managed as such an assemblage 

2 through partnerships among public and private 

3 entities at the local or regional level; 

4 (D) reflects traditions, customs, beliefs, 

5 and folklife that are a valuable part of the her6 itage of the United States; 

7 (E) provides outstanding opportunities to 

8 conserve natural, historical, cultural, or scenic 

9 features; 

10 (F) provides outstanding recreational or 

11 educational opportunities; and 

12 (G) has resources and traditional uses that 

13 have national importance. 

14 (2) Residents, business interests, nonprofit or15 ganizations, and governments (including relevant 

16 Federal land management agencies) within the pro17 posed area are involved in the planning and have 

18 demonstrated significant support through letters and 

19 other means for National Heritage Area designation 

20 and management. 

21 (3) The local coordinating entity responsible for 

22 preparing and implementing the management plan is 

23 identified. 

24 (4) The proposed local coordinating entity and 

25 units of government supporting the designation are 
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1 willing and have documented a significant commit2 ment to work in partnership to protect, enhance, in3 terpret, fund, manage, and develop resources within 

4 the National Heritage Area. 

5 (5) The proposed local coordinating entity has 

6 developed a conceptual financial plan that outlines 

7 the roles of all participants (including the Federal 

8 Government) in the management of the National 

9 Heritage Area. 

10 (6) The proposal is consistent with continued 

11 economic activity within the area. 

12 (7) A conceptual boundary map has been devel13 oped and is supported by the public and partici14 pating Federal agencies. 

15 (b) CONSULTATION.—In conducting or reviewing a 

16 study, the Secretary shall consult with the managers of 

17 any Federal land within the proposed National Heritage 

18 Area and secure the concurrence of the managers with the 

19 findings of the study before making a determination for 

20 designation. 

21 (c) APPROVAL.—On completion or receipt of a study 

22 for a National Heritage Area, the Secretary shall— 

23 (1) review, comment on, and determine if the 

24 study meets the criteria specified in subsection (a) 

25 for designation as a National Heritage Area; 
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1 (2) consult with the Governor of each State in 

2 which the proposed National Heritage Area is lo3 cated; and 

4 (3) transmit to the Committee on Resources of 

5 the House of Representatives and the Committee on 

6 Energy and Natural Resources of the Senate, the 

7 study, including— 

8 (A) any comments received from the Gov9 ernor of each State in which the proposed Na10 tional Heritage Area is located; and 

11 (B) a finding as to whether the proposed 

12 National Heritage Area meets the criteria for 

13 designation. 

14 (d) DISAPPROVAL.—If the Secretary determines that 

15 any proposed National Heritage Area does not meet the 

16 criteria for designation, the Secretary shall include within 

17 the study submitted under subsection (c)(3) a description 

18 of the reasons for the determination. 

19 SEC. 6. DESIGNATION OF NATIONAL HERITAGE AREAS. 

20 (a) IN GENERAL.—The designation of a National 

21 Heritage Area shall be— 

22 (1) by Act of Congress; and 

23 (2) contingent on the prior completion of a 

24 study and an affirmative determination by the Sec-
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1 retary that the area meets the criteria established 

2 under section 5(a). 

3 (b) COMPONENT OF THE SYSTEM.—Any National 

4 Heritage Area designated under subsection (a) shall be a 

5 component of the system. 

6 SEC. 7. MANAGEMENT PLANS. 

7 (a) REQUIREMENTS.—The management plan for any 

8 National Heritage Area shall— 

9 (1) describe comprehensive policies, goals, strat10 egies, and recommendations for telling the story of 

11 the heritage of the area covered by the National 

12 Heritage Area and encouraging long-term resource 

13 protection, enhancement, interpretation, funding, 

14 management, and development of the National Her15 itage Area; 

16 (2) include a description of actions and commit17 ments that governments, private organizations, and 

18 citizens will take to protect, enhance, interpret, fund, 

19 manage, and develop the natural, historical, cultural, 

20 educational, scenic, and recreational resources of the 

21 National Heritage Area; 

22 (3) specify existing and potential sources of 

23 funding or economic development strategies to pro24 tect, enhance, interpret, fund, manage, and develop 

25 the National Heritage Area; 
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1 (4) include an inventory of the natural, histor2 ical, cultural, educational, scenic, and recreational 

3 resources of the National Heritage Area related to 

4 the national importance and themes of the National 

5 Heritage Area that should be protected, enhanced, 

6 interpreted, managed, funded, and developed; 

7 (5) recommend policies and strategies for re8 source management, including the development of 

9 intergovernmental and interagency agreements to 

10 protect, enhance, interpret, fund, manage, and de11 velop the natural, historical, cultural, educational, 

12 scenic, and recreational resources of the National 

13 Heritage Area; 

14 (6) describe a program for implementation for 

15 the management plan, including— 

16 (A) performance goals; 

17 (B) plans for resource protection, enhance18 ment, interpretation, funding, management, and 

19 development; and 

20 (C) specific commitments for implementa21 tion that have been made by the local coordi22 nating entity or any government agency, organi23 zation, business, or individual; 

24 (7) include an analysis of, and recommenda25 tions for, means by which Federal, State, and local 
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1 programs may best be coordinated (including the 

2 role of the National Park Service and other Federal 

3 agencies associated with the National Heritage 

4 Area) to further the purposes of this Act; and 

5 (8) include a business plan that— 

6 (A) describes the role, operation, financing, 

7 and functions of the local coordinating entity 

8 and of each of the major activities contained in 

9 the management plan; and 

10 (B) provides adequate assurances that the 

11 local coordinating entity has the partnerships 

12 and financial and other resources necessary to 

13 implement the management plan for the Na14 tional Heritage Area. 

15 (b) DEADLINE.— 

16 (1) IN GENERAL.—Not later than 3 years after 

17 the date on which funds are first made available to 

18 develop the management plan after designation as a 

19 National Heritage Area, the local coordinating entity 

20 shall submit the management plan to the Secretary 

21 for approval. 

22 (2) TERMINATION OF FUNDING.—If the man23 agement plan is not submitted to the Secretary in 

24 accordance with paragraph (1), the local coordi25 nating entity shall not qualify for any additional fi-
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1 nancial assistance under this Act until such time as 

2 the management plan is submitted to and approved 

3 by the Secretary. 

4 (c) APPROVAL OF MANAGEMENT PLAN.— 

5 (1) REVIEW.—Not later than 180 days after re6 ceiving the plan, the Secretary shall review and ap7 prove or disapprove the management plan for a Na8 tional Heritage Area on the basis of the criteria es9 tablished under paragraph (3). 

10 (2) CONSULTATION.—The Secretary shall con11 sult with the Governor of each State in which the 

12 National Heritage Area is located before approving 

13 a management plan for the National Heritage Area. 

14 (3) CRITERIA FOR APPROVAL.—In determining 

15 whether to approve a management plan for a Na16 tional Heritage Area, the Secretary shall consider 

17 whether— 

18 (A) the local coordinating entity represents 

19 the diverse interests of the National Heritage 

20 Area, including governments, natural and his21 toric resource protection organizations, edu22 cational institutions, businesses, recreational or23 ganizations, community residents, and private 

24 property owners; 

25 (B) the local coordinating entity— 
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1 (i) has afforded adequate opportunity 

2 for public and governmental involvement 

3 (including through workshops and hear4 ings) in the preparation of the manage5 ment plan; and 

6 (ii) provides for at least semiannual 

7 public meetings to ensure adequate imple8 mentation of the management plan; 

9 (C) the resource protection, enhancement, 

10 interpretation, funding, management, and de11 velopment strategies described in the manage12 ment plan, if implemented, would adequately 

13 protect, enhance, interpret, fund, manage, and 

14 develop the natural, historic, cultural, edu15 cational, scenic, and recreational resources of 

16 the National Heritage Area; 

17 (D) the management plan would not ad18 versely affect any activities authorized on Fed19 eral land under public land laws or land use 

20 plans; 

21 (E) the local coordinating entity has dem22 onstrated the financial capability, in partner23 ship with others, to carry out the plan; 

24 (F) the Secretary has received adequate 

25 assurances from the appropriate State and local 
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1 officials whose support is needed to ensure the 

2 effective implementation of the State and local 

3 elements of the management plan; and 

4 (G) the management plan demonstrates 

5 partnerships among the local coordinating enti6 ty, Federal, State, and local governments, re7 gional planning organizations, nonprofit organi8 zations, or private sector parties for implemen9 tation of the management plan. 

10 (4) DISAPPROVAL.— 

11 (A) IN GENERAL.—If the Secretary dis12 approves the management plan, the Secretary— 

13 (i) shall advise the local coordinating 

14 entity in writing of the reasons for the dis15 approval; and 

16 (ii) may make recommendations to the 

17 local coordinating entity for revisions to 

18 the management plan. 

19 (B) DEADLINE.—Not later than 180 days 

20 after receiving a revised management plan, the 

21 Secretary shall approve or disapprove the re22 vised management plan. 

23 (5) AMENDMENTS.— 

24 (A) IN GENERAL.—An amendment to the 

25 management plan that substantially alters the 
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1 purposes of the National Heritage Area shall be 

2 reviewed by the Secretary and approved or dis3 approved in the same manner as the original 

4 management plan. 

5 (B) IMPLEMENTATION.—The local coordi6 nating entity shall not use Federal funds au7 thorized by this Act to implement an amend8 ment to the management plan until the Sec9 retary approves the amendment. 

10 SEC. 8. LOCAL COORDINATING ENTITIES. 

11 (a) DUTIES.—To further the purposes of the Na12 tional Heritage Area, the local coordinating entity shall— 

13 (1) prepare a management plan for the Na14 tional Heritage Area, and submit the management 

15 plan to the Secretary, in accordance with section 7; 

16 (2) submit an annual report to the Secretary 

17 for each fiscal year for which the local coordinating 

18 entity receives Federal funds under this Act, speci19 fying— 

20 (A) the specific performance goals and ac21 complishments of the local coordinating entity; 

22 (B) the expenses and income of the local 

23 coordinating entity; 

24 (C) the amounts and sources of matching 

25 funds; 
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1 (D) the amounts leveraged with Federal 

2 funds and sources of the leveraging; and 

3 (E) grants made to any other entities dur4 ing the fiscal year; 

5 (3) make available for audit for each fiscal year 

6 for which the local coordinating entity receives Fed7 eral funds under this Act, all information pertaining 

8 to the expenditure of the funds and any matching 

9 funds; and 

10 (4) encourage economic viability and sustain11 ability that is consistent with the purposes of the 

12 National Heritage Area. 

13 (b) AUTHORITIES.—For the purposes of preparing 

14 and implementing the approved management plan for the 

15 National Heritage Area, the local coordinating entity may 

16 use Federal funds made available under this Act to— 

17 (1) make grants to political jurisdictions, non18 profit organizations, and other parties within the 

19 National Heritage Area; 

20 (2) enter into cooperative agreements with or 

21 provide technical assistance to political jurisdictions, 

22 nonprofit organizations, Federal agencies, and other 

23 interested parties; 

24 (3) hire and compensate staff, including individ25 uals with expertise in— 
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1 (A) natural, historical, cultural, edu2 cational, scenic, and recreational resource con3 servation; 

4 (B) economic and community development; 

5 and 

6 (C) heritage planning; 

7 (4) obtain funds or services from any source, 

8 including other Federal laws or programs; 

9 (5) contract for goods or services; and 

10 (6) support activities of partners and any other 

11 activities that further the purposes of the National 

12 Heritage Area and are consistent with the approved 

13 management plan. 

14 (c) PROHIBITION ON ACQUISITION OF REAL PROP15 ERTY.—The local coordinating entity may not use Federal 

16 funds authorized under this Act to acquire any interest 

17 in real property. 

18 SEC. 9. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

19 (a) IN GENERAL.—Nothing in this Act affects the au20 thority of a Federal agency to provide technical or finan21 cial assistance under any other law. 

22 (b) CONSULTATION AND COORDINATION.—The head 

23 of any Federal agency planning to conduct activities that 

24 may have an impact on a National Heritage Area is en25 couraged to consult and coordinate the activities with the 
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1 Secretary and the local coordinating entity to the max2 imum extent practicable. 

3 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

4 Act— 

5 (1) modifies, alters, or amends any law or regu6 lation authorizing a Federal agency to manage Fed7 eral land under the jurisdiction of the Federal agen8 cy; 

9 (2) limits the discretion of a Federal land man10 ager to implement an approved land use plan within 

11 the boundaries of a National Heritage Area; or 

12 (3) modifies, alters, or amends any authorized 

13 use of Federal land under the jurisdiction of a Fed14 eral agency. 

15 SEC. 10. PRIVATE PROPERTY AND REGULATORY PROTEC16 TIONS. 

17 Nothing in this Act— 

18 (1) abridges the rights of any property owner 

19 (whether public or private), including the right to re20 frain from participating in any plan, project, pro21 gram, or activity conducted within the National Her22 itage Area; 

23 (2) requires any property owner to permit pub24 lic access (including access by Federal, State, or 

25 local agencies) to the property of the property 
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1 owner, or to modify public access or use of property 

2 of the property owner under any other Federal, 

3 State, or local law; 

4 (3) alters any duly adopted land use regulation, 

5 approved land use plan, or other regulatory author6 ity of any Federal, State or local agency, or conveys 

7 any land use or other regulatory authority to any 

8 local coordinating entity; 

9 (4) authorizes or implies the reservation or ap10 propriation of water or water rights; 

11 (5) diminishes the authority of the State to 

12 manage fish and wildlife, including the regulation of 

13 fishing and hunting within the National Heritage 

14 Area; or 

15 (6) creates any liability, or affects any liability 

16 under any other law, of any private property owner 

17 with respect to any person injured on the private 

18 property. 

19 SEC. 11. PARTNERSHIP SUPPORT. 

20 (a) TECHNICAL ASSISTANCE.—On termination of the 

21 15-year period for which assistance is provided under sec22 tion 12, the Secretary may, on request of a local coordi23 nating entity, continue to provide technical assistance to 

24 a National Heritage Area under section 4. 

25 (b) GRANT ASSISTANCE.— 
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1 (1) IN GENERAL.—The Secretary may establish 

2 a grant program under which the Secretary provides 

3 grants, on a competitive basis, to local coordinating 

4 entities for the conduct of individual projects at Na5 tional Heritage Areas for which financial assistance 

6 has terminated under section 12. 

7 (2) CONDITIONS.—The provision of a grant 

8 under paragraph (1) shall be subject to the condition 

9 that— 

10 (A) a project must be approved by the 

11 local coordinating entity as promoting the pur12 poses of the management plan required under 

13 section 7; 

14 (B) a project may receive only 1 grant of 

15 no more than $250,000 in any 1 fiscal year; 

16 (C) a maximum of $250,000 may be re17 ceived by a local coordinating entity for projects 

18 funded under this subsection in any 1 fiscal 

19 year; and 

20 (D) a project shall not be eligible for fund21 ing under this section in any fiscal year that a 

22 local coordinating entity receives an appropria23 tion through the National Park Service (exclud24 ing technical assistance) for the National Herit-
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1 age Area at which the project is being con2 ducted. 

3 (c) REPORT.—For each fiscal year in which assist4 ance is provided under this section, the Secretary shall 

5 submit to the Committee on Appropriations of the House 

6 of Representatives and the Committee on Appropriations 

7 of the Senate a list of the projects provided assistance for 

8 the fiscal year. 

9 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) STUDIES.—There is authorized to be appro11 priated to conduct and review studies under section 5 

12 $750,000 for each fiscal year, of which not more than 

13 $250,000 for any fiscal year may be used for any indi14 vidual study for a proposed National Heritage Area. 

15 (b) LOCAL COORDINATING ENTITIES.— 

16 (1) IN GENERAL.—There is authorized to be 

17 appropriated to carry out section 8 $25,000,000 for 

18 each fiscal year, of which not more than— 

19 (A) $1,000,000 may be made available for 

20 any fiscal year for any individual National Her21 itage Area, to remain available until expended; 

22 and 

23 (B) a total of $10,000,000 may be made 

24 available for all such fiscal years for any indi25 vidual National Heritage Area. 
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1 (2) TERMINATION DATE.— 

2 (A) IN GENERAL.—The authority of the 

3 Secretary to provide financial assistance to an 

4 individual local coordinating entity under this 

5 section (excluding technical assistance and ad6 ministrative oversight) shall terminate on the 

7 date that is 15 years after the date of the ini8 tial receipt of the assistance by the local coordi9 nating entity. 

10 (B) DESIGNATION.—A National Heritage 

11 Area shall retain the designation as a National 

12 Heritage Area after the termination date pre13 scribed in subparagraph (A). 

14 (3) ADMINISTRATION.—Not more than 5 per15 cent of the amount of funds made available under 

16 paragraph (1) for a fiscal year may be used by the 

17 Secretary for technical assistance, oversight, and ad18 ministrative purposes. 

19 (c) HERITAGE PARTNERSHIP GRANT ASSISTANCE.— 

20 There is authorized to be appropriated to the Secretary 

21 to carry out section 11 $5,000,000 for each fiscal year. 

22 (d) MATCHING FUNDS.— 

23 (1) IN GENERAL.—As a condition of receiving a 

24 grant under this Act, the recipient of the grant shall 
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1 provide matching funds in an amount that is equal 

2 to the amount of the grant. 

3 (2) ADMINISTRATION.—The recipient matching 

4 funds— 

5 (A) shall be derived from non-Federal 

6 sources; and 

7 (B) may be made in the form of in-kind 

8 contributions of goods or services fairly valued. 

Passed the Senate July 26, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.