I

104TH CONGRESS

2D SESSION H. R. 3317

To establish the Yellowstone River Valley Heritage Area in the States of

Montana, North Dakota, and Wyoming.

IN THE HOUSE OF REPRESENTATIVES

APRIL 24, 1996

Mr. WILLIAMS introduced the following bill; which was referred to the

Committee on Resources

A BILL

To establish the Yellowstone River Valley Heritage Area

in the States of Montana, North Dakota, and Wyoming.

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.

4 This Act may be cited as the ‘‘Yellowstone River Val5 ley Heritage Area Act of 1996’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act:

8 (1) HERITAGE AREA.—The term ‘‘Heritage

9 Area’’ means the Yellowstone River Valley Heritage

10 Area established pursuant to this Act.
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1 (2) COMPACT.—The term ‘‘compact’’ means a

2 compact described in section 4.

3 (3) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the plan developed and approved

5 under section 4.

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

7 the Secretary of the Interior.

8 (5) TECHNICAL ASSISTANCE.—The term ‘‘tech9 nical assistance’’ means any guidance, advice, help,

10 or aid, other than financial aid.

11 (6) UNIT OF GOVERNMENT.—The term ‘‘unit of

12 government’’ means the government of a State, a

13 political subdivision of a State, or an Indian tribe.

14 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’

15 means any Indian tribe, band, nation, pueblo, or

16 other organized group or community, including any

17 Alaska Native village or regional corporation as de18 fined in or established pursuant to the Alaska Na19 tive Claims Settlement Act (43 U.S.C. 1601 et seq.),

20 which is recognized as eligible for the special pro21 grams and services provided by the United States to

22 Indians because of their status as Indians.

23 SEC. 3. YELLOWSTONE RIVER VALLEY HERITAGE AREA.

24 (a) DESIGNATION.—Upon publication by the Sec25 retary in the Federal Register of notice that a compact
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1 has been approved by the Secretary in accordance with

2 section 4, there is hereby designated the Yellowstone River

3 Valley Heritage Area.

4 (b) BOUNDARIES.—The Heritage Area shall be com5 posed of the lands generally depicted on the map entitled

6 ‘‘Yellowstone River Valley Heritage Area—Proposed’’,

7 numbered ll, and dated ll. The map shall be on file

8 and available for public inspection in the office of the Di9 rector of the National Park Service.

10 SEC. 4. COMPACT AND MANAGEMENT PLAN.

11 (a) IN GENERAL.—The area generally depicted on

12 the map specified in section 3 may be designated as a her13 itage area only after each of the following conditions is

14 met:

15 (1) SUBMISSION OF COMPACT TO SEC16 RETARY.—An entity requesting heritage area des17 ignation for the area shall submit to the Secretary

18 a compact meeting the requirements of subsection

19 (b). The comments of the Governors of the States of

20 Montana, North Dakota, and Wyoming, or a state21 ment by the entity that any such Governor has

22 failed to comment within a reasonable time after re23 ceiving the compact, shall accompany such submittal

24 to the Secretary.
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1 (2) APPROVAL AND SUBMISSION BY SEC2 RETARY.—The Secretary shall approve, pursuant to

3 subsection (c), the compact and submit the compact

4 to the Congress together with any comments that

5 the Secretary deems appropriate regarding a pre6 ferred action.

7 (b) CONTENTS AND REQUIREMENTS.—

8 (1) COMPACTS.—(A) A compact submitted

9 under this Act shall include information relating to

10 the objectives and management of the proposed Her11 itage Area. Such information shall include (but need

12 not be limited to) each of the following:

13 (i) A delineation of the boundaries of the

14 proposed Heritage Area.

15 (ii) A discussion of the goals and objectives

16 of the proposed Heritage Area, including an ex17 planation of the proposed approach to conserva18 tion and interpretation and a general outline of

19 the protection measures committed to by the

20 partners referred to in clause (iv).

21 (iii) An identification and description of

22 the management entity that will administer the

23 proposed Heritage Area.

24 (iv) A list of the initial partners to be in25 volved in developing and implementing the man-
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1 agement plan referred to in paragraph (3) for

2 the proposed Heritage Area, and a statement of

3 the financial commitment of the partners.

4 (v) A description of the role of the States

5 of Montana, North Dakota, and Wyoming.

6 (B)(i) The compact shall be prepared with pub7 lic participation.

8 (ii) Actions called for in the compact shall be

9 likely to be initiated within a reasonable time after

10 designation of the proposed Heritage Area and shall

11 ensure effective implementation of the State and

12 local aspects of the compact.

13 (2) MANAGEMENT PLANS.—(A) A management

14 plan submitted under this Act for the Heritage Area

15 shall present comprehensive recommendations for

16 the conservation, funding, management, and devel17 opment of the area. The plan shall take into consid18 eration existing State, county, and local plans and

19 involve residents, public agencies, and private orga20 nizations in the area. It shall include a description

21 of the actions recommended to be taken, to protect

22 the resources of the area, by units of government

23 and private organizations. It shall specify existing

24 and potential sources of funding for the protection,

25 management, and development of the area.
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1 (B) The plan also shall include the following, as

2 appropriate:

3 (i) A recommendation of policies for re4 source management that consider and detail the

5 application of appropriate land and water man6 agement techniques, including (but not limited

7 to) the development of intergovernmental coop8 erative agreements to protect the historical, cul9 tural, and natural resources and the rec10 reational opportunities of the area in a manner

11 consistent with the support of appropriate and

12 compatible economic viability.

13 (ii) A program, including plans for restora14 tion and construction, for implementation of the

15 management plan by the management entity

16 specified in the compact referred to in para17 graph (1) and specific commitments, for the

18 first five years of operation of the plan, by the

19 partners identified in the compact.

20 (iii) An analysis of means by which Fed21 eral, State, and local programs may best be co22 ordinated to promote the purposes of this Act.

23 (iv) An interpretive plan for the Heritage

24 Area.
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1 (3) EARLY ACTIONS.—After designation of the

2 Heritage Area but prior to approval of the manage3 ment plan for that area, the Secretary may provide

4 technical and financial assistance for early actions

5 that are important to the theme of the area and that

6 protect resources that would be in imminent danger

7 of irreversible damage without such early actions.

8 (c) APPROVAL AND DISAPPROVAL OF COMPACTS AND

9 MANAGEMENT PLANS.—

10 (1) IN GENERAL.—The Secretary, in consulta11 tion with the Governors of each of the States of

12 Montana, North Dakota, and Wyoming, shall ap13 prove or disapprove each compact and management

14 plan submitted under this Act not later than 90

15 days after receiving such compact or management

16 plan. Prior to approving the compact or plan, the

17 Secretary shall consult with the Advisory Council on

18 Historic Preservation in accordance with section 106

19 of the National Historic Preservation Act (16 U.S.C.

20 470f).

21 (2) DISAPPROVAL AND REVISIONS.—If the Sec22 retary disapproves a compact or management plan

23 submitted under this Act, the Secretary shall advise

24 the submitter, in writing, of the reasons for the dis25 approval and shall make recommendations for revi-
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1 sions of the compact or plan. The Secretary shall

2 approve or disapprove a proposed revision to such

3 a compact or plan within 90 days after the date on

4 which the revision is submitted to the Secretary.

5 (3) AMENDMENTS TO MANAGEMENT PLANS.—

6 The Secretary shall review substantial amendments

7 to management plans for Heritage Areas. Funds ap8 propriated pursuant to this Act may not be ex9 pended to implement such amendments until the

10 Secretary approves the amendments.

11 (4) NO REQUIREMENT FOR LAND USE REGULA12 TION AS CONDITION FOR APPROVAL.—No provision

13 of this Act shall be construed to require any change

14 in land use regulation as a condition of approval of

15 a compact, management plan, or revision of a com16 pact or management plan by the Secretary.

17 SEC. 5. MANAGEMENT ENTITY.

18 (a) IN GENERAL.—

19 (1) RECEIPT OF FEDERAL FUNDS.—The man20 agement entity designated in the compact approved

21 under section 4 for the Heritage Area is authorized

22 to receive Federal funds in support of cooperative

23 partnerships to prepare and implement the manage24 ment plan regarding the Heritage Area and to other25 wise perform the functions contemplated in this Act.
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1 (2) ELIGIBILITY.—To be eligible for designa2 tion as the management entity of the Heritage Area,

3 a unit of government or private nonprofit organiza4 tion must possess the legal ability to—

5 (A) receive Federal funds for use in pre6 paring and implementing the management plan;

7 (B) disburse Federal funds to other units

8 of government or other organizations for use in

9 preparing and implementing the management

10 plan;

11 (C) account for all Federal funds so re12 ceived or disbursed; and

13 (D) sign agreements with the Federal Gov14 ernment.

15 (3) MEMBERSHIP.—A management entity for

16 the Heritage Area should, to the fullest extent pos17 sible, consist of diverse governmental, business, and

18 nonprofit groups within the geographic area of the

19 Heritage Area.

20 (b) AUTHORITIES OF MANAGEMENT ENTITY.—The

21 management entity of the Heritage Area may, for pur22 poses of preparing and implementing the management

23 plan, use Federal funds made available under this Act—
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1 (1) to make grants and loans to States, political

2 subdivisions thereof, private organizations, and other

3 persons;

4 (2) to enter into cooperative agreements with

5 Federal agencies; and

6 (3) to hire and compensate staff.

7 (c) DUTIES OF MANAGEMENT ENTITY.—The man8 agement entity for the Heritage Area shall do each of the

9 following:

10 (1) MANAGEMENT PLAN.—The management

11 entity shall develop, and submit to the Secretary for

12 approval, a proposed management plan within three

13 years after the date of the designation of the area

14 as the Heritage Area.

15 (2) PRIORITIES.—The management entity shall

16 give priority to the implementation of actions, goals,

17 and policies set forth in the compact and manage18 ment plan, including—

19 (A) assisting units of government, regional

20 planning organizations, and nonprofit organiza21 tions—

22 (i) in preserving the Heritage Area;

23 (ii) in establishing and maintaining

24 interpretive exhibits in the area;
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1 (iii) in developing recreational oppor2 tunities in the area;

3 (iv) in increasing public awareness of

4 and appreciation for the natural, historical,

5 and cultural resources of the area;

6 (v) in the restoration of historic build7 ings that are located within the boundaries

8 of the area and relate to the themes of the

9 area; and

10 (vi) in ensuring that clear, consistent,

11 and environmentally appropriate signs

12 identifying access points and sites of inter13 est are put in place throughout the area;

14 and

15 (B) consistent with the goals of the man16 agement plan, encouraging economic viability in

17 the affected communities by appropriate means.

18 (3) CONSIDERATION OF INTERESTS OF LOCAL

19 GROUPS.—The management entity shall, in develop20 ing and implementing the management plan, con21 sider the interests of diverse governmental, business,

22 and nonprofit groups within the geographic area.

23 (4) PUBLIC MEETINGS.—The management en24 tity shall conduct public meetings at least quarterly
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1 regarding the implementation of the management

2 plan.

3 (5) SUBMISSION OF CHANGES IN PLAN.—The

4 management entity shall submit any substantial

5 changes to the management plan (including any in6 crease of more than 20 percent in the cost estimates

7 for implementation of the management plan) to the

8 Secretary for the approval of the Secretary.

9 (6) ANNUAL REPORT.—The management entity

10 shall, for any fiscal year in which it receives Federal

11 funds under this Act or in which a loan made by the

12 entity with Federal funds under this section is out13 standing, submit an annual report to the Secretary

14 setting forth its accomplishments, its expenses and

15 income, and the entities to which it made any loans

16 and grants during the year for which the report is

17 made.

18 (7) COOPERATION WITH AUDITS.—The manage19 ment entity shall, for any fiscal year in which it re20 ceives Federal funds under this Act or in which a

21 loan made by the entity with Federal funds under

22 this section is outstanding, make available for audit

23 by the Congress, the Secretary, and appropriate

24 units of government all records and other informa25 tion pertaining to the expenditure of such funds and
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1 any matching funds, and require, for all agreements

2 authorizing expenditure of Federal funds by other

3 organizations, that the receiving organizations make

4 available for such audit all records and other infor5 mation pertaining to the expenditure of such funds.

6 (8) LIABILITY FOR LOANS.—The management

7 entity shall be liable to the Federal Government for

8 any loans that the management entity makes under

9 this section.

10 (d) DISQUALIFICATION FOR FEDERAL FUNDING.—If

11 a management plan regarding the Heritage Area is not

12 submitted to the Secretary as required under subsection

13 (c)(1) within the time specified in such subsection, the

14 Heritage Area shall cease to be eligible for Federal fund15 ing under this Act until such a plan regarding the Herit16 age Area is submitted to the Secretary.

17 (e) PROHIBITION OF ACQUISITION OF REAL PROP18 ERTY.—A management entity for the Heritage Area may

19 not use Federal funds received under this Act to acquire

20 real property or interest in real property. No provision of

21 this Act shall prohibit any management entity from using

22 Federal funds from other sources for their permitted pur23 poses.

24 (f) DURATION OF ELIGIBILITY FOR FINANCIAL AS25 SISTANCE.—
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1 (1) IN GENERAL.—A management entity for

2 the Heritage Area shall be eligible to receive funds

3 appropriated pursuant to this Act for a 10-year pe4 riod beginning on the day on which the Heritage

5 Area is designated, except as provided in paragraph

6 (2).

7 (2) EXTENSION OF ELIGIBILITY.—The eligi8 bility of a management entity for funding under this

9 Act may be extended, by the Secretary, for a period

10 of not more than five years after the 10-year period

11 referred to in paragraph (1), if—

12 (A) the management entity determines

13 that the extension is necessary in order to carry

14 out the purposes of this Act and notifies the

15 Secretary of such determination not later than

16 180 days prior to the end of the 10-year period

17 referred to in paragraph (1);

18 (B) the management entity, not later than

19 180 days prior to the end of the 10-year period

20 referred to in paragraph (1), presents to the

21 Secretary a plan of its activities for the period

22 of the extension, including provisions for becom23 ing independent of the funds made available

24 pursuant to this Act; and
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1 (C) the Secretary, after consulting with the

2 Governors of the States of Montana, North Da3 kota, and Wyoming, approves such extension of

4 eligibility.

5 (3) LACK OF EFFECT OF EXTENSION ON FUND6 ING LIMITATIONS.—An extension provided under

7 this subsection shall not be construed as waiving any

8 limitation on funds provided pursuant to this Act.

9 (g) PROTECTION OF PRIVATE PROPERTY.—The

10 management entity for the Heritage Area shall publish

11 procedures to ensure that the rights of owners of private

12 property are protected. Such procedures shall include a

13 process to provide information to the owners of private

14 property with respect to obtaining just compensation due

15 as a result of a taking of private property under the Fifth

16 Amendment of the Constitution of the United States.

17 SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

18 (a) GENERAL AUTHORITY OF SECRETARY.—In ac19 cordance with the purposes of this Act, the Secretary is

20 authorized—

21 (1) to advise State and local governments, non22 profit organizations, and other appropriate entities

23 regarding suitable methods of recognizing and pre24 serving thematically and geographically linked natu-
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1 ral, historic, and cultural resources and recreational

2 opportunities; and

3 (2) to consider the Heritage Area for nomina4 tion to the World Heritage List if the Secretary de5 termines that the area meets the qualifications for

6 such nomination.

7 (b) DUTIES AND AUTHORITIES OF SECRETARY.—

8 (1) GRANTS.—(A) The Secretary may make

9 matching grants to provide assistance regarding the

10 compacts and, upon request of the management en11 tity for the relevant Heritage Area, regarding man12 agement plans and early actions described in section

13 5 and capital projects and improvements undertaken

14 pursuant to such management plans. The Secretary

15 may make grants under this section to units of gov16 ernment, and, in consultation with affected units of

17 government, to private nonprofit organizations. In

18 awarding grants under this section, the Secretary

19 shall be guided by the criteria specified in paragraph

20 (6).

21 (B) The Secretary may not, as a condition of

22 the award of a grant under this section, require any

23 recipient of such a grant to enact or modify land use

24 restrictions.
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1 (2) TECHNICAL ASSISTANCE.—(A) The Sec2 retary may provide technical assistance to units of

3 government and private nonprofit organizations re4 garding compacts and, upon request of the manage5 ment entity for the relevant Heritage Area, regard6 ing management plans and early actions described in

7 section 4 and capital projects and improvements un8 dertaken pursuant to such management plans. In

9 providing the technical assistance, the Secretary

10 shall be guided by the criteria specified in paragraph

11 (6).

12 (B) The Secretary may elect to provide all or

13 part of the technical assistance authorized by this

14 subsection through cooperative agreements with

15 units of government and private nonprofit organiza16 tions whose missions and resources can contribute

17 substantially to the purposes of this Act.

18 (3) OTHER ASSISTANCE.—Nothing in this Act

19 shall be deemed to prohibit the Secretary or units of

20 government from providing technical or financial as21 sistance under any other provision of law.

22 (4) PRIORITIES FOR ASSISTANCE.—In assisting

23 the Heritage Area, the Secretary shall give priority

24 to actions that assist in—
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1 (A) conserving the significant natural, his2 toric, and cultural resources which support the

3 themes of the Heritage Area; and

4 (B) providing educational, interpretive, and

5 recreational opportunities consistent with the

6 resources and associated values of the Heritage

7 Area.

8 (5) DETERMINATIONS REGARDING ASSIST9 ANCE.—The Secretary shall decide on awarding

10 technical and financial assistance and the amount of

11 the assistance. Such decisions shall be based on the

12 relative degree to which the Heritage Area effec13 tively fulfills the objectives contained in the manage14 ment plan for the area, achieves the purposes of this

15 Act, and fulfills the criteria specified in paragraph

16 (6) and shall give consideration to projects which

17 provide a greater leverage of Federal funds.

18 (6) CRITERIA.—The criteria specified in this

19 paragraph are as follows:

20 (A) ASSEMBLAGE OF RESOURCES.—The

21 area shall be an assemblage of natural, historic,

22 or cultural resources that—

23 (i) together represent distinctive as24 pects of American heritage worthy of rec-
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1 ognition, preservation, interpretation, and

2 continuing use; and

3 (ii) are best managed as such an as4 semblage, through partnerships among

5 public and private entities, and by combin6 ing diverse and sometimes noncontiguous

7 resources and active communities.

8 (B) TRADITIONS, CUSTOMS, BELIEFS, OR

9 FOLKLIFE.—The area shall reflect traditions,

10 customs, beliefs, or folklife, or some combina11 tion thereof, that are a valuable part of the

12 story of the Nation.

13 (C) CONSERVATION OF NATURAL, CUL14 TURAL, OR HISTORIC FEATURES.—The area

15 shall provide outstanding opportunities to con16 serve natural, cultural, or historic features, or

17 some combination thereof.

18 (D) RECREATIONAL AND EDUCATIONAL

19 OPPORTUNITIES.—The area shall provide out20 standing recreational and educational opportu21 nities.

22 (E) THEMES AND INTEGRITY OF RE23 SOURCES.—The area shall have an identifiable

24 theme or themes, and resources important to
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1 the identified theme or themes shall retain in2 tegrity capable of supporting interpretation.

3 (F) SUPPORT.—Residents, nonprofit orga4 nizations, other private entities, and govern5 ments within the proposed area shall dem6 onstrate support for designation of the area and

7 for management of the area as appropriate for

8 such designation.

9 (G) AGREEMENTS.—The principal organi10 zation and units of government supporting the

11 designation shall be willing to commit to agree12 ments to work in partnership to implement the

13 management plan of the area.

14 (H) CONSISTENCY WITH ECONOMIC VIA15 BILITY.—The proposal shall be consistent with

16 continued economic viability in the affected

17 communities.

18 (I) CONSENT OF LOCAL GOVERNMENTS.—

19 No county, city, or town shall be included with20 in the boundaries of the area unless the govern21 ment of such county, city, or town agrees to be

22 so included and submits notification of such

23 agreement to the Secretary.

24 (7) NON-FEDERALLY OWNED PROPERTY.—The

25 Secretary is authorized to spend Federal funds di-
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1 rectly on nonfederally owned property to further the

2 purposes of this Act, giving priority to assisting

3 units of government in appropriate treatment of dis4 tricts, sites, buildings, structures, and objects listed

5 or eligible for listing on the National Register of

6 Historic Places.

7 (8) ANNUAL REPORT.—The Secretary shall

8 submit an annual report to the Congress regarding

9 the Heritage Areas Partnership Program. Each re10 port shall include—

11 (A) the number, amount, and recipients of

12 any grants provided by the Secretary under this

13 Act and the nature of any technical assistance

14 or early action provided under this Act;

15 (B) a description of the status and condi16 tion of, and Federal funding provided under

17 this Act to, the Heritage Area;

18 (C) a description of the areas nominated

19 for the Heritage Partnership Program;

20 (D) the recommendations of the Secretary

21 regarding areas to be designated by the Con22 gress as Heritage Areas; and

23 (E) the status of the implementation of all

24 contractual agreements entered into by the Sec25 retary under this Act.
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1 (9) OVERSIGHT OF HERITAGE AREAS WITH EX2 PIRED ELIGIBILITY.—The Secretary shall inves3 tigate, study, and continually monitor the welfare of

4 the Heritage Area after its eligibility for Federal

5 funding under this Act has expired and shall report

6 to the Congress periodically regarding the condition

7 of the Heritage Area.

8 (10) PROVISION OF INFORMATION.—In co9 operation with other Federal agencies, the Secretary

10 shall provide the general public with information re11 garding the location and character of components of

12 the Heritage Areas Partnership Program.

13 (11) PROMULGATION OF REGULATIONS.—The

14 Secretary shall promulgate such regulations as are

15 necessary to carry out the purposes of this Act.

16 (c) DUTIES OF FEDERAL ENTITIES.—Any Federal

17 entity conducting or supporting activities within the Herit18 age Area, and any unit of government acting pursuant to

19 a grant of Federal funds or a Federal permit or agreement

20 and conducting or supporting such activities, shall, to the

21 maximum extent practicable—

22 (1) consult with the Secretary and the manage23 ment entity for the Heritage Area with respect to

24 such activities; and
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1 (2) cooperate with the Secretary and the man2 agement entity in the carrying out of the duties of

3 the Secretary and the management entity under this

4 Act, and coordinate such activities to minimize any

5 real or potential adverse impact on the Heritage

6 Area.

7 SEC. 7. LACK OF EFFECT ON LAND USE REGULATION.

8 (a) LACK OF EFFECT ON AUTHORITY OF GOVERN9 MENTS.—Nothing in this Act shall be construed to modify,

10 enlarge, or diminish any authority of Federal, State, and

11 local governments to regulate any use of land as provided

12 for by current law or regulation.

13 (b) LACK OF ZONING OR LAND USE POWERS OF EN14 TITY.—Nothing in this Act shall be construed to grant

15 powers of zoning or land use to any management entity

16 for the Heritage Area.

17 (c) MANAGEMENT PLAN AVAILABILITY TO LOCAL

18 GOVERNMENTS.—Any management plan referred to in

19 section 4(a) and submitted to the Secretary by the man20 agement entity for the Heritage Area shall be made avail21 able to the local governments having jurisdiction over land

22 use regulations affecting the Heritage Area for the use

23 of the local governments in updating their growth manage24 ment plans and in the event that such governments desire
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1 to amend current land use legislation as they may deem

2 appropriate and in accordance with their legal authority.

3 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

4 (a) FEASIBILITY STUDIES, COMPACTS, MANAGE5 MENT PLANS, AND EARLY ACTIONS.—From the amounts

6 made available to carry out the National Historic Preser7 vation Act (16 U.S.C. 470 et seq.), there is authorized

8 to be appropriated to the Secretary, for grants and tech9 nical assistance pursuant to section 6 and the administra10 tion of such grants and assistance, such sums as may be

11 necessary, to remain available until expended, with the fol12 lowing conditions:

13 (1) PERCENT OF COST.—No grant under this

14 Act for a compact, management plan, or early action

15 may exceed 75 percent of the cost, to the grantee,

16 for such compact, plan, or early action.

17 (2) COMPACT.—The total amount of Federal

18 funding under this Act for the compact for the pro19 posed Heritage Area may not exceed $150,000.

20 (3) EARLY ACTION GRANTS.—The total amount

21 of Federal funding under this Act for early action

22 grants for the Heritage Area may not exceed

23 $250,000.

24 (4) MANAGEMENT PLANS.—The total amount

25 of Federal funding under this Act for the manage-
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1 ment plan for the Heritage Area may not exceed

2 $150,000.

3 (b) MANAGEMENT ENTITY OPERATIONS.—

4 (1) OPERATING COSTS.—From the amounts

5 made available to carry out the National Historic

6 Preservation Act (16 U.S.C. 470 et seq.), there is

7 authorized to be appropriated to the Secretary, for

8 the management entity of the Heritage Area, not

9 more than $250,000 annually for the operating costs

10 of such management entity pursuant this Act.

11 (2) COST SHARE.—The Federal contribution

12 under this Act to the operations of any management

13 entity of the Heritage Area shall not exceed 50 per14 cent of the annual operating costs of the entity.

15 (c) PLAN IMPLEMENTATION.—From the amounts

16 made available to carry out the National Historic Preser17 vation Act (16 U.S.C. 470 et seq.), there is authorized

18 to be appropriated to the Secretary, for grants and tech19 nical assistance for the implementation of management

20 plans for designated Heritage Areas and the administra21 tion of such grants and assistance, such sums as may be

22 necessary, to remain available until expended, with the fol23 lowing conditions:

24 (1) PERCENT OF COST.—No grant under this

25 Act for implementation of a management plan may
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1 exceed 50 percent of the cost to the grantee of the

2 implementation.

3 (2) TOTAL FUNDING FOR EACH AREA.—Not

4 more than a total of $10,000,000 may be made

5 available under this subsection to the Heritage Area.

6 (4) AGREEMENTS.—Any payment made under

7 this subsection shall be subject to an agreement that

8 conversion, use, or disposal of the project so assisted

9 for purposes contrary to the purposes of this Act, as

10 determined by the Secretary, shall result in a right

11 of the United States to the greater of—

12 (A) reimbursement of all funds made avail13 able for such project; and

14 (B) the proportion of the increased value

15 of the project attributable to such funds, as de16 termined at the time of such conversion, use, or

17 disposal.

18 (d) LIMITATION ON AMOUNTS FOR TECHNICAL AS19 SISTANCE.—The amount of Federal funding made avail20 able under this section for technical assistance for the

21 Heritage Area for a fiscal year may not exceed $150,000.

Æ