(C) the Secretary, after consulting with the
Governors of the States of Montana, North Da-
kota, and Wyoming, approves such extension of
eligibility.
(3) LACK OF EFFECT OF EXTENSION ON FUND-
ING
LIMITATIONS.—An extension provided under
this subsection shall not be construed as waiving any
limitation on funds provided pursuant to this Act.
(g) PROTECTION
OF
PRIVATE
PROPERTY.—The
management entity for the Heritage Area shall publish
procedures to ensure that the rights of owners of private
property are protected. Such procedures shall include a
process to provide information to the owners of private
property with respect to obtaining just compensation due
as a result of a taking of private property under the Fifth
Amendment of the Constitution of the United States.
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) GENERAL AUTHORITY OF SECRETARY.—In ac-
cordance with the purposes of this Act, the Secretary is
authorized—
(1) to advise State and local governments, non-
profit organizations, and other appropriate entities
regarding suitable methods of recognizing and pre-
serving thematically and geographically linked natu-
ral, historic, and cultural resources and recreational
opportunities; and
(2) to consider the Heritage Area for nomina-
tion to the World Heritage List if the Secretary de-
termines that the area meets the qualifications for
such nomination.
(b) DUTIES AND AUTHORITIES OF SECRETARY.—
(1) GRANTS.—(A) The Secretary may make
matching grants to provide assistance regarding the
compacts and, upon request of the management en-
tity for the relevant Heritage Area, regarding man-
agement plans and early actions described in section
5 and capital projects and improvements undertaken
pursuant to such management plans. The Secretary
may make grants under this section to units of gov-
ernment, and, in consultation with affected units of
government, to private nonprofit organizations. In
awarding grants under this section, the Secretary
shall be guided by the criteria specified in paragraph
(6).
(B) The Secretary may not, as a condition of
the award of a grant under this section, require any
recipient of such a grant to enact or modify land use
restrictions.
(2) TECHNICAL
ASSISTANCE.—(A) The Sec-
retary may provide technical assistance to units of
government and private nonprofit organizations re-
garding compacts and, upon request of the manage-
ment entity for the relevant Heritage Area, regard-
ing management plans and early actions described in
section 4 and capital projects and improvements un-
dertaken pursuant to such management plans. In
providing the technical assistance, the Secretary
shall be guided by the criteria specified in paragraph
(6).
(B) The Secretary may elect to provide all or
part of the technical assistance authorized by this
subsection through cooperative agreements with
units of government and private nonprofit organiza-
tions whose missions and resources can contribute
substantially to the purposes of this Act.
(3) OTHER ASSISTANCE.—Nothing in this Act
shall be deemed to prohibit the Secretary or units of
government from providing technical or financial as-
sistance under any other provision of law.
(4) PRIORITIES FOR ASSISTANCE.—In assisting
the Heritage Area, the Secretary shall give priority
to actions that assist in—
(A) conserving the significant natural, his-
toric, and cultural resources which support the
themes of the Heritage Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the
resources and associated values of the Heritage
Area.
(5) 
DETERMINATIONS
REGARDING
ASSIST-
ANCE.—The Secretary shall decide on awarding
technical and financial assistance and the amount of
the assistance. Such decisions shall be based on the
relative degree to which the Heritage Area effec-
tively fulfills the objectives contained in the manage-
ment plan for the area, achieves the purposes of this
Act, and fulfills the criteria specified in paragraph
(6) and shall give consideration to projects which
provide a greater leverage of Federal funds.
(6) CRITERIA.—The criteria specified in this
paragraph are as follows:
(A) ASSEMBLAGE
OF
RESOURCES.—The
area shall be an assemblage of natural, historic,
or cultural resources that—
(i) together represent distinctive as-
pects of American heritage worthy of rec-
ognition, preservation, interpretation, and
continuing use; and
(ii) are best managed as such an as-
semblage, through partnerships among
public and private entities, and by combin-
ing diverse and sometimes noncontiguous
resources and active communities.
(B) TRADITIONS, CUSTOMS, BELIEFS, OR
FOLKLIFE.—The area shall reflect traditions,
customs, beliefs, or folklife, or some combina-
tion thereof, that are a valuable part of the
story of the Nation.
(C) CONSERVATION
OF
NATURAL, CUL-
TURAL, OR
HISTORIC
FEATURES.—The area
shall provide outstanding opportunities to con-
serve natural, cultural, or historic features, or
some combination thereof.
(D) RECREATIONAL
AND
EDUCATIONAL
OPPORTUNITIES.—The area shall provide out-
standing recreational and educational opportu-
nities.
(E) THEMES
AND
INTEGRITY
OF
RE-
SOURCES.—The area shall have an identifiable
theme or themes, and resources important to
the identified theme or themes shall retain in-
tegrity capable of supporting interpretation.
(F) SUPPORT.—Residents, nonprofit orga-
nizations, other private entities, and govern-
ments within the proposed area shall dem-
onstrate support for designation of the area and
for management of the area as appropriate for
such designation.
(G) AGREEMENTS.—The principal organi-
zation and units of government supporting the
designation shall be willing to commit to agree-
ments to work in partnership to implement the
management plan of the area.
(H) CONSISTENCY
WITH
ECONOMIC
VIA-
BILITY.—The proposal shall be consistent with
continued economic viability in the affected
communities.
(I) CONSENT OF LOCAL GOVERNMENTS.—
No county, city, or town shall be included with-
in the boundaries of the area unless the govern-
ment of such county, city, or town agrees to be
so included and submits notification of such
agreement to the Secretary.
(7) NON-FEDERALLY OWNED PROPERTY.—The
Secretary is authorized to spend Federal funds di-