I

104TH CONGRESS

2D SESSION H. R. 3318

To establish the Southwest Montana Heritage and Recreation Area in the

State of Montana.

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 Southwest Montana Heritage and Recreation

Area in the State of Montana.

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 ‘‘Southwest Montana

5 Heritage and Recreation 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 Southwest Montana Heritage and

10 Recreation 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.
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1 SEC. 3. SOUTHWEST MONTANA HERITAGE AND RECRE2 ATION AREA.

3 (a) DESIGNATION.—Upon publication by the Sec4 retary in the Federal Register of notice that a compact

5 has been approved by the Secretary in accordance with

6 section 4, there is hereby designated the Southwest Mon7 tana Heritage and Recreation Area.

8 (b) BOUNDARIES.—The Heritage Area shall be com9 posed of the lands generally depicted on the map entitled

10 ‘‘Southwest Montana Heritage and Recreation Area—

11 Proposed’’, numbered ll, and dated ll. The map

12 shall be on file and available for public inspection in the

13 office of the Director of the National Park Service.

14 SEC. 4. COMPACT AND MANAGEMENT PLAN.

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

16 the map specified in section 3 may be designated as a her17 itage area only after each of the following conditions is

18 met:

19 (1) SUBMISSION OF COMPACT TO SEC20 RETARY.—An entity requesting heritage area des21 ignation for the area shall submit to the Secretary

22 a compact meeting the requirements of subsection

23 (b). The comments of the Governor of the State of

24 Montana, or a statement by the entity that the Gov25 ernor has failed to comment within a reasonable
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1 time after receiving the compact, shall accompany

2 such submittal to the Secretary.

3 (2) APPROVAL AND SUBMISSION BY SEC4 RETARY.—The Secretary shall approve, pursuant to

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

6 to the Congress together with any comments that

7 the Secretary deems appropriate regarding a pre8 ferred action.

9 (b) CONTENTS AND REQUIREMENTS.—

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

11 under this Act shall include information relating to

12 the objectives and management of the proposed Her13 itage Area. Such information shall include (but need

14 not be limited to) each of the following:

15 (i) A delineation of the boundaries of the

16 proposed Heritage Area.

17 (ii) A discussion of the goals and objectives

18 of the proposed Heritage Area, including an ex19 planation of the proposed approach to conserva20 tion and interpretation and a general outline of

21 the protection measures committed to by the

22 partners referred to in clause (iv).

23 (iii) An identification and description of

24 the management entity that will administer the

25 proposed Heritage Area.
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1 (iv) A list of the initial partners to be in2 volved in developing and implementing the man3 agement plan referred to in paragraph (3) for

4 the proposed Heritage Area, and a statement of

5 the financial commitment of the partners.

6 (v) A description of the role of the State

7 of Montana.

8 (B)(i) The compact shall be prepared with pub9 lic participation.

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

11 likely to be initiated within a reasonable time after

12 designation of the proposed Heritage Area and shall

13 ensure effective implementation of the State and

14 local aspects of the compact.

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

16 plan submitted under this Act for the Heritage Area

17 shall present comprehensive recommendations for

18 the conservation, funding, management, and devel19 opment of the area. The plan shall take into consid20 eration existing State, county, and local plans and

21 involve residents, public agencies, and private orga22 nizations in the area. It shall include a description

23 of the actions recommended to be taken, to protect

24 the resources of the area, by units of government

25 and private organizations. It shall specify existing
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1 and potential sources of funding for the protection,

2 management, and development of the area.

3 (B) The plan also shall include the following, as

4 appropriate:

5 (i) A recommendation of policies for re6 source management that consider and detail the

7 application of appropriate land and water man8 agement techniques, including (but not limited

9 to) the development of intergovernmental coop10 erative agreements to protect the historical, cul11 tural, and natural resources and the rec12 reational opportunities of the area in a manner

13 consistent with the support of appropriate and

14 compatible economic viability.

15 (ii) A program, including plans for restora16 tion and construction, for implementation of the

17 management plan by the management entity

18 specified in the compact referred to in para19 graph (1) and specific commitments, for the

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

21 partners identified in the compact.

22 (iii) An analysis of means by which Fed23 eral, State, and local programs may best be co24 ordinated to promote the purposes of this Act.
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1 (iv) An interpretive plan for the Heritage

2 Area.

3 (3) EARLY ACTIONS.—After designation of the

4 Heritage Area but prior to approval of the manage5 ment plan for that area, the Secretary may provide

6 technical and financial assistance for early actions

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

8 protect resources that would be in imminent danger

9 of irreversible damage without such early actions.

10 (c) APPROVAL AND DISAPPROVAL OF COMPACTS AND

11 MANAGEMENT PLANS.—

12 (1) IN GENERAL.—The Secretary, in consulta13 tion with the Governor of the State of Montana,

14 shall approve or disapprove each compact and man15 agement plan submitted under this Act not later

16 than 90 days after receiving such compact or man17 agement plan. Prior to approving the compact or

18 plan, the Secretary shall consult with the Advisory

19 Council on Historic Preservation in accordance with

20 section 106 of the National Historic Preservation

21 Act (16 U.S.C. 470f).

22 (2) DISAPPROVAL AND REVISIONS.—If the Sec23 retary disapproves a compact or management plan

24 submitted under this Act, the Secretary shall advise

25 the submitter, in writing, of the reasons for the dis-
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1 approval and shall make recommendations for revi2 sions of the compact or plan. The Secretary shall ap3 prove or disapprove a proposed revision to such a

4 compact or plan within 90 days after the date on

5 which the revision is submitted to the Secretary.

6 (3) AMENDMENTS TO MANAGEMENT PLANS.—

7 The Secretary shall review substantial amendments

8 to management plans for Heritage Areas. Funds ap9 propriated pursuant to this Act may not be ex10 pended to implement such amendments until the

11 Secretary approves the amendments.

12 (4) NO REQUIREMENT FOR LAND USE REGULA13 TION AS CONDITION FOR APPROVAL.—No provision

14 of this Act shall be construed to require any change

15 in land use regulation as a condition of approval of

16 a compact, management plan, or revision of a com17 pact or management plan by the Secretary.

18 SEC. 5. MANAGEMENT ENTITY.

19 (a) IN GENERAL.—

20 (1) RECEIPT OF FEDERAL FUNDS.—The man21 agement entity designated in the compact approved

22 under section 4 for the Heritage Area is authorized

23 to receive Federal funds in support of cooperative

24 partnerships to prepare and implement the manage-
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1 ment plan regarding the Heritage Area and to other2 wise perform the functions contemplated in this Act.

3 (2) ELIGIBILITY.—To be eligible for designa4 tion as the management entity of the Heritage Area,

5 a unit of government or private nonprofit organiza6 tion must possess the legal ability to—

7 (A) receive Federal funds for use in pre8 paring and implementing the management plan;

9 (B) disburse Federal funds to other units

10 of government or other organizations for use in

11 preparing and implementing the management

12 plan;

13 (C) account for all Federal funds so re14 ceived or disbursed; and

15 (D) sign agreements with the Federal Gov16 ernment.

17 (3) MEMBERSHIP.—A management entity for

18 the Heritage Area should, to the fullest extent pos19 sible, consist of diverse governmental, business, and

20 nonprofit groups within the geographic area of the

21 Heritage Area.

22 (b) AUTHORITIES OF MANAGEMENT ENTITY.—The

23 management entity of the Heritage Area may, for pur24 poses of preparing and implementing the management

25 plan, use Federal funds made available under this Act—
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1 (1) to make grants and loans to the State, po2 litical subdivisions thereof, private organizations,

3 and other 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 Governor of the State of Montana, approves

3 such extension of eligibility.

4 (3) LACK OF EFFECT OF EXTENSION ON FUND5 ING LIMITATIONS.—An extension provided under

6 this subsection shall not be construed as waiving any

7 limitation on funds provided pursuant to this Act.

8 (g) PROTECTION OF PRIVATE PROPERTY.—The

9 management entity for the Heritage Area shall publish

10 procedures to ensure that the rights of owners of private

11 property are protected. Such procedures shall include a

12 process to provide information to the owners of private

13 property with respect to obtaining just compensation due

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

15 Amendment of the Constitution of the United States.

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

17 (a) GENERAL AUTHORITY OF SECRETARY.—In ac18 cordance with the purposes of this Act, the Secretary is

19 authorized—

20 (1) to advise State and local governments, non21 profit organizations, and other appropriate entities

22 regarding suitable methods of recognizing and pre23 serving thematically and geographically linked natu24 ral, historic, and cultural resources and recreational

25 opportunities; and
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1 (2) to consider the Heritage Area for nomina2 tion to the World Heritage List if the Secretary de3 termines that the area meets the qualifications for

4 such nomination.

5 (b) DUTIES AND AUTHORITIES OF SECRETARY.—

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

7 matching grants to provide assistance regarding the

8 compacts and, upon request of the management en9 tity for the relevant Heritage Area, regarding man10 agement plans and early actions described in section

11 5 and capital projects and improvements undertaken

12 pursuant to such management plans. The Secretary

13 may make grants under this section to units of gov14 ernment, and, in consultation with affected units of

15 government, to private nonprofit organizations. In

16 awarding grants under this section, the Secretary

17 shall be guided by the criteria specified in paragraph

18 (6).

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

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

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

22 restrictions.

23 (2) TECHNICAL ASSISTANCE.—(A) The Sec24 retary may provide technical assistance to units of

25 government and private nonprofit organizations re-
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1 garding compacts and, upon request of the manage2 ment entity for the relevant Heritage Area, regard3 ing management plans and early actions described in

4 section 4 and capital projects and improvements un5 dertaken pursuant to such management plans. In

6 providing the technical assistance, the Secretary

7 shall be guided by the criteria specified in paragraph

8 (6).

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

10 part of the technical assistance authorized by this

11 subsection through cooperative agreements with

12 units of government and private nonprofit organiza13 tions whose missions and resources can contribute

14 substantially to the purposes of this Act.

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

16 shall be deemed to prohibit the Secretary or units of

17 government from providing technical or financial as18 sistance under any other provision of law.

19 (4) PRIORITIES FOR ASSISTANCE.—In assisting

20 the Heritage Area, the Secretary shall give priority

21 to actions that assist in—

22 (A) conserving the significant natural, his23 toric, and cultural resources which support the

24 themes of the Heritage Area; and
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1 (B) providing educational, interpretive, and

2 recreational opportunities consistent with the

3 resources and associated values of the Heritage

4 Area.

5 (5) DETERMINATIONS REGARDING ASSIST6 ANCE.—The Secretary shall decide on awarding

7 technical and financial assistance and the amount of

8 the assistance. Such decisions shall be based on the

9 relative degree to which the Heritage Area effec10 tively fulfills the objectives contained in the manage11 ment plan for the area, achieves the purposes of this

12 Act, and fulfills the criteria specified in paragraph

13 (6) and shall give consideration to projects which

14 provide a greater leverage of Federal funds.

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

16 paragraph are as follows:

17 (A) ASSEMBLAGE OF RESOURCES.—The

18 area shall be an assemblage of natural, historic,

19 or cultural resources that—

20 (i) together represent distinctive as21 pects of American heritage worthy of rec22 ognition, preservation, interpretation, and

23 continuing use; and

24 (ii) are best managed as such an as25 semblage, through partnerships among
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1 public and private entities, and by combin2 ing diverse and sometimes noncontiguous

3 resources and active communities.

4 (B) TRADITIONS, CUSTOMS, BELIEFS, OR

5 FOLKLIFE.—The area shall reflect traditions,

6 customs, beliefs, or folklife, or some combina7 tion thereof, that are a valuable part of the

8 story of the Nation.

9 (C) CONSERVATION OF NATURAL, CUL10 TURAL, OR HISTORIC FEATURES.—The area

11 shall provide outstanding opportunities to con12 serve natural, cultural, or historic features, or

13 some combination thereof.

14 (D) RECREATIONAL AND EDUCATIONAL

15 OPPORTUNITIES.—The area shall provide out16 standing recreational and educational opportu17 nities.

18 (E) THEMES AND INTEGRITY OF RE19 SOURCES.—The area shall have an identifiable

20 theme or themes, and resources important to

21 the identified theme or themes shall retain in22 tegrity capable of supporting interpretation.

23 (F) SUPPORT.—Residents, nonprofit orga24 nizations, other private entities, and govern25 ments within the proposed area shall dem-
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1 onstrate support for designation of the area and

2 for management of the area as appropriate for

3 such designation.

4 (G) AGREEMENTS.—The principal organi5 zation and units of government supporting the

6 designation shall be willing to commit to agree7 ments to work in partnership to implement the

8 management plan of the area.

9 (H) CONSISTENCY WITH ECONOMIC VIA10 BILITY.—The proposal shall be consistent with

11 continued economic viability in the affected

12 communities.

13 (I) CONSENT OF LOCAL GOVERNMENTS.—

14 No county, city, or town shall be included with15 in the boundaries of the area unless the govern16 ment of such county, city, or town agrees to be

17 so included and submits notification of such

18 agreement to the Secretary.

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

20 Secretary is authorized to spend Federal funds di21 rectly on nonfederally owned property to further the

22 purposes of this Act, giving priority to assisting

23 units of government in appropriate treatment of dis24 tricts, sites, buildings, structures, and objects listed
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1 or eligible for listing on the National Register of

2 Historic Places.

3 (8) ANNUAL REPORT.—The Secretary shall

4 submit an annual report to the Congress regarding

5 the Heritage Areas Partnership Program. Each re6 port shall include—

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

8 any grants provided by the Secretary under this

9 Act and the nature of any technical assistance

10 or early action provided under this Act;

11 (B) a description of the status and condi12 tion of, and Federal funding provided under

13 this Act to, the Heritage Area;

14 (C) a description of the areas nominated

15 for the Heritage Partnership Program;

16 (D) the recommendations of the Secretary

17 regarding areas to be designated by the Con18 gress as Heritage Areas; and

19 (E) the status of the implementation of all

20 contractual agreements entered into by the Sec21 retary under this Act.

22 (9) OVERSIGHT OF HERITAGE AREAS WITH EX23 PIRED ELIGIBILITY.—The Secretary shall inves24 tigate, study, and continually monitor the welfare of

25 the Heritage Area after its eligibility for Federal
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1 funding under this Act has expired and shall report

2 to the Congress periodically regarding the condition

3 of the Heritage Area.

4 (10) PROVISION OF INFORMATION.—In co5 operation with other Federal agencies, the Secretary

6 shall provide the general public with information re7 garding the location and character of components of

8 the Heritage Areas Partnership Program.

9 (11) PROMULGATION OF REGULATIONS.—The

10 Secretary shall promulgate such regulations as are

11 necessary to carry out the purposes of this Act.

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

13 entity conducting or supporting activities within the Herit14 age Area, and any unit of government acting pursuant to

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

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

17 maximum extent practicable—

18 (1) consult with the Secretary and the manage19 ment entity for the Heritage Area with respect to

20 such activities; and

21 (2) cooperate with the Secretary and the man22 agement entity in the carrying out of the duties of

23 the Secretary and the management entity under this

24 Act, and coordinate such activities to minimize any
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1 real or potential adverse impact on the Heritage

2 Area.

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

4 (a) LACK OF EFFECT ON AUTHORITY OF GOVERN5 MENTS.—Nothing in this Act shall be construed to modify,

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

7 local governments to regulate any use of land as provided

8 for by current law or regulation.

9 (b) LACK OF ZONING OR LAND USE POWERS OF EN10 TITY.—Nothing in this Act shall be construed to grant

11 powers of zoning or land use to any management entity

12 for the Heritage Area.

13 (c) MANAGEMENT PLAN AVAILABILITY TO LOCAL

14 GOVERNMENTS.—Any management plan referred to in

15 section 4(a) and submitted to the Secretary by the man16 agement entity for the Heritage Area shall be made avail17 able to the local governments having jurisdiction over land

18 use regulations affecting the Heritage Area for the use

19 of the local governments in updating their growth manage20 ment plans and in the event that such governments desire

21 to amend current land use legislation as they may deem

22 appropriate and in accordance with their legal authority.

23 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

24 (a) FEASIBILITY STUDIES, COMPACTS, MANAGE25 MENT PLANS, AND EARLY ACTIONS.—From the amounts
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1 made available to carry out the National Historic Preser2 vation Act (16 U.S.C. 470 et seq.), there is authorized

3 to be appropriated to the Secretary, for grants and tech4 nical assistance pursuant to section 6 and the administra5 tion of such grants and assistance, such sums as may be

6 necessary, to remain available until expended, with the fol7 lowing conditions:

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

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

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

11 for such compact, plan, or early action.

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

13 funding under this Act for the compact for the pro14 posed Heritage Area may not exceed $150,000.

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

16 of Federal funding under this Act for early action

17 grants for the Heritage Area may not exceed

18 $250,000.

19 (4) MANAGEMENT PLANS.—The total amount

20 of Federal funding under this Act for the manage21 ment plan for the Heritage Area may not exceed

22 $150,000.

23 (b) MANAGEMENT ENTITY OPERATIONS.—

24 (1) OPERATING COSTS.—From the amounts

25 made available to carry out the National Historic
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1 Preservation Act (16 U.S.C. 470 et seq.), there is

2 authorized to be appropriated to the Secretary, for

3 the management entity of the Heritage Area, not

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

5 of such management entity pursuant this Act.

6 (2) COST SHARE.—The Federal contribution

7 under this Act to the operations of any management

8 entity of the Heritage Area shall not exceed 50 per9 cent of the annual operating costs of the entity.

10 (c) PLAN IMPLEMENTATION.—From the amounts

11 made available to carry out the National Historic Preser12 vation Act (16 U.S.C. 470 et seq.), there is authorized

13 to be appropriated to the Secretary, for grants and tech14 nical assistance for the implementation of management

15 plans for designated Heritage Areas and the administra16 tion of such grants and assistance, such sums as may be

17 necessary, to remain available until expended, with the fol18 lowing conditions:

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

20 Act for implementation of a management plan may

21 exceed 50 percent of the cost to the grantee of the

22 implementation.

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

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

25 available under this subsection to the Heritage Area.
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1 (4) AGREEMENTS.—Any payment made under

2 this subsection shall be subject to an agreement that

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

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

5 determined by the Secretary, shall result in a right

6 of the United States to the greater of—

7 (A) reimbursement of all funds made avail8 able for such project; and

9 (B) the proportion of the increased value

10 of the project attributable to such funds, as de11 termined at the time of such conversion, use, or

12 disposal.

13 (d) LIMITATION ON AMOUNTS FOR TECHNICAL AS14 SISTANCE.—The amount of Federal funding made avail15 able under this section for technical assistance for the

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

Æ