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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Yellowstone River Val-
ley Heritage Area Act of 1996’’.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) HERITAGE
AREA.—The term ‘‘Heritage
Area’’ means the Yellowstone River Valley Heritage
Area established pursuant to this Act.
(2) COMPACT.—The term ‘‘compact’’ means a
compact described in section 4.
(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the plan developed and approved
under section 4.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) TECHNICAL ASSISTANCE.—The term ‘‘tech-
nical assistance’’ means any guidance, advice, help,
or aid, other than financial aid.
(6) UNIT OF GOVERNMENT.—The term ‘‘unit of
government’’ means the government of a State, a
political subdivision of a State, or an Indian tribe.
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’
means any Indian tribe, band, nation, pueblo, or
other organized group or community, including any
Alaska Native village or regional corporation as de-
fined in or established pursuant to the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.),
which is recognized as eligible for the special pro-
grams and services provided by the United States to
Indians because of their status as Indians.
SEC. 3. YELLOWSTONE RIVER VALLEY HERITAGE AREA.
(a) DESIGNATION.—Upon publication by the Sec-
retary in the Federal Register of notice that a compact
has been approved by the Secretary in accordance with
section 4, there is hereby designated the Yellowstone River
Valley Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall be com-
posed of the lands generally depicted on the map entitled
‘‘Yellowstone River Valley Heritage Area—Proposed’’,
numbered ll, and dated ll. The map shall be on file
and available for public inspection in the office of the Di-
rector of the National Park Service.
SEC. 4. COMPACT AND MANAGEMENT PLAN.
(a) IN GENERAL.—The area generally depicted on
the map specified in section 3 may be designated as a her-
itage area only after each of the following conditions is
met:
(1) 
SUBMISSION
OF
COMPACT
TO
SEC-
RETARY.—An entity requesting heritage area des-
ignation for the area shall submit to the Secretary
a compact meeting the requirements of subsection
(b). The comments of the Governors of the States of
Montana, North Dakota, and Wyoming, or a state-
ment by the entity that any such Governor has
failed to comment within a reasonable time after re-
ceiving the compact, shall accompany such submittal
to the Secretary.
(2) APPROVAL
AND
SUBMISSION
BY
SEC-
RETARY.—The Secretary shall approve, pursuant to
subsection (c), the compact and submit the compact
to the Congress together with any comments that
the Secretary deems appropriate regarding a pre-
ferred action.
(b) CONTENTS AND REQUIREMENTS.—
(1) COMPACTS.—(A) A compact submitted
under this Act shall include information relating to
the objectives and management of the proposed Her-
itage Area. Such information shall include (but need
not be limited to) each of the following:
(i) A delineation of the boundaries of the
proposed Heritage Area.
(ii) A discussion of the goals and objectives
of the proposed Heritage Area, including an ex-
planation of the proposed approach to conserva-
tion and interpretation and a general outline of
the protection measures committed to by the
partners referred to in clause (iv).
(iii) An identification and description of
the management entity that will administer the
proposed Heritage Area.
(iv) A list of the initial partners to be in-
volved in developing and implementing the man-
agement plan referred to in paragraph (3) for
the proposed Heritage Area, and a statement of
the financial commitment of the partners.
(v) A description of the role of the States
of Montana, North Dakota, and Wyoming.
(B)(i) The compact shall be prepared with pub-
lic participation.
(ii) Actions called for in the compact shall be
likely to be initiated within a reasonable time after
designation of the proposed Heritage Area and shall
ensure effective implementation of the State and
local aspects of the compact.
(2) MANAGEMENT PLANS.—(A) A management
plan submitted under this Act for the Heritage Area
shall present comprehensive recommendations for
the conservation, funding, management, and devel-
opment of the area. The plan shall take into consid-
eration existing State, county, and local plans and
involve residents, public agencies, and private orga-
nizations in the area. It shall include a description
of the actions recommended to be taken, to protect
the resources of the area, by units of government
and private organizations. It shall specify existing
and potential sources of funding for the protection,
management, and development of the area.
(B) The plan also shall include the following, as
appropriate:
(i) A recommendation of policies for re-
source management that consider and detail the
application of appropriate land and water man-
agement techniques, including (but not limited
to) the development of intergovernmental coop-
erative agreements to protect the historical, cul-
tural, and natural resources and the rec-
reational opportunities of the area in a manner
consistent with the support of appropriate and
compatible economic viability.
(ii) A program, including plans for restora-
tion and construction, for implementation of the
management plan by the management entity
specified in the compact referred to in para-
graph (1) and specific commitments, for the
first five years of operation of the plan, by the
partners identified in the compact.
(iii) An analysis of means by which Fed-
eral, State, and local programs may best be co-
ordinated to promote the purposes of this Act.
(iv) An interpretive plan for the Heritage
Area.
(3) EARLY ACTIONS.—After designation of the
Heritage Area but prior to approval of the manage-
ment plan for that area, the Secretary may provide
technical and financial assistance for early actions
that are important to the theme of the area and that
protect resources that would be in imminent danger
of irreversible damage without such early actions.
(c) APPROVAL AND DISAPPROVAL OF COMPACTS AND
MANAGEMENT PLANS.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Governors of each of the States of
Montana, North Dakota, and Wyoming, shall ap-
prove or disapprove each compact and management
plan submitted under this Act not later than 90
days after receiving such compact or management
plan. Prior to approving the compact or plan, the
Secretary shall consult with the Advisory Council on
Historic Preservation in accordance with section 106
of the National Historic Preservation Act (16 U.S.C.
470f).
(2) DISAPPROVAL AND REVISIONS.—If the Sec-
retary disapproves a compact or management plan
submitted under this Act, the Secretary shall advise
the submitter, in writing, of the reasons for the dis-
approval and shall make recommendations for revi-
sions of the compact or plan. The Secretary shall
approve or disapprove a proposed revision to such
a compact or plan within 90 days after the date on
which the revision is submitted to the Secretary.
(3) AMENDMENTS TO MANAGEMENT PLANS.—
The Secretary shall review substantial amendments
to management plans for Heritage Areas. Funds ap-
propriated pursuant to this Act may not be ex-
pended to implement such amendments until the
Secretary approves the amendments.
(4) NO REQUIREMENT FOR LAND USE REGULA-
TION AS CONDITION FOR APPROVAL.—No provision
of this Act shall be construed to require any change
in land use regulation as a condition of approval of
a compact, management plan, or revision of a com-
pact or management plan by the Secretary.
SEC. 5. MANAGEMENT ENTITY.
(a) IN GENERAL.—
(1) RECEIPT OF FEDERAL FUNDS.—The man-
agement entity designated in the compact approved
under section 4 for the Heritage Area is authorized
to receive Federal funds in support of cooperative
partnerships to prepare and implement the manage-
ment plan regarding the Heritage Area and to other-
wise perform the functions contemplated in this Act.
(2) ELIGIBILITY.—To be eligible for designa-
tion as the management entity of the Heritage Area,
a unit of government or private nonprofit organiza-
tion must possess the legal ability to—
(A) receive Federal funds for use in pre-
paring and implementing the management plan;
(B) disburse Federal funds to other units
of government or other organizations for use in
preparing and implementing the management
plan;
(C) account for all Federal funds so re-
ceived or disbursed; and
(D) sign agreements with the Federal Gov-
ernment.
(3) MEMBERSHIP.—A management entity for
the Heritage Area should, to the fullest extent pos-
sible, consist of diverse governmental, business, and
nonprofit groups within the geographic area of the
Heritage Area.
(b) AUTHORITIES OF MANAGEMENT ENTITY.—The
management entity of the Heritage Area may, for pur-
poses of preparing and implementing the management
plan, use Federal funds made available under this Act—
(1) to make grants and loans to States, political
subdivisions thereof, private organizations, and other
persons;
(2) to enter into cooperative agreements with
Federal agencies; and
(3) to hire and compensate staff.
(c) DUTIES OF MANAGEMENT ENTITY.—The man-
agement entity for the Heritage Area shall do each of the
following:
(1) MANAGEMENT
PLAN.—The management
entity shall develop, and submit to the Secretary for
approval, a proposed management plan within three
years after the date of the designation of the area
as the Heritage Area.
(2) PRIORITIES.—The management entity shall
give priority to the implementation of actions, goals,
and policies set forth in the compact and manage-
ment plan, including—
(A) assisting units of government, regional
planning organizations, and nonprofit organiza-
tions—
(i) in preserving the Heritage Area;
(ii) in establishing and maintaining
interpretive exhibits in the area;
(iii) in developing recreational oppor-
tunities in the area;
(iv) in increasing public awareness of
and appreciation for the natural, historical,
and cultural resources of the area;
(v) in the restoration of historic build-
ings that are located within the boundaries
of the area and relate to the themes of the
area; and
(vi) in ensuring that clear, consistent,
and environmentally appropriate signs
identifying access points and sites of inter-
est are put in place throughout the area;
and
(B) consistent with the goals of the man-
agement plan, encouraging economic viability in
the affected communities by appropriate means.
(3) CONSIDERATION OF INTERESTS OF LOCAL
GROUPS.—The management entity shall, in develop-
ing and implementing the management plan, con-
sider the interests of diverse governmental, business,
and nonprofit groups within the geographic area.
(4) PUBLIC MEETINGS.—The management en-
tity shall conduct public meetings at least quarterly
regarding the implementation of the management
plan.
(5) SUBMISSION OF CHANGES IN PLAN.—The
management entity shall submit any substantial
changes to the management plan (including any in-
crease of more than 20 percent in the cost estimates
for implementation of the management plan) to the
Secretary for the approval of the Secretary.
(6) ANNUAL REPORT.—The management entity
shall, for any fiscal year in which it receives Federal
funds under this Act or in which a loan made by the
entity with Federal funds under this section is out-
standing, submit an annual report to the Secretary
setting forth its accomplishments, its expenses and
income, and the entities to which it made any loans
and grants during the year for which the report is
made.
(7) COOPERATION WITH AUDITS.—The manage-
ment entity shall, for any fiscal year in which it re-
ceives Federal funds under this Act or in which a
loan made by the entity with Federal funds under
this section is outstanding, make available for audit
by the Congress, the Secretary, and appropriate
units of government all records and other informa-
tion pertaining to the expenditure of such funds and
any matching funds, and require, for all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available for such audit all records and other infor-
mation pertaining to the expenditure of such funds.
(8) LIABILITY FOR LOANS.—The management
entity shall be liable to the Federal Government for
any loans that the management entity makes under
this section.
(d) DISQUALIFICATION FOR FEDERAL FUNDING.—If
a management plan regarding the Heritage Area is not
submitted to the Secretary as required under subsection
(c)(1) within the time specified in such subsection, the
Heritage Area shall cease to be eligible for Federal fund-
ing under this Act until such a plan regarding the Herit-
age Area is submitted to the Secretary.
(e) PROHIBITION OF ACQUISITION OF REAL PROP-
ERTY.—A management entity for the Heritage Area may
not use Federal funds received under this Act to acquire
real property or interest in real property. No provision of
this Act shall prohibit any management entity from using
Federal funds from other sources for their permitted pur-
poses.
(f) DURATION OF ELIGIBILITY FOR FINANCIAL AS-
SISTANCE.—
(1) IN
GENERAL.—A management entity for
the Heritage Area shall be eligible to receive funds
appropriated pursuant to this Act for a 10-year pe-
riod beginning on the day on which the Heritage
Area is designated, except as provided in paragraph
(2).
(2) EXTENSION
OF
ELIGIBILITY.—The eligi-
bility of a management entity for funding under this
Act may be extended, by the Secretary, for a period
of not more than five years after the 10-year period
referred to in paragraph (1), if—
(A) the management entity determines
that the extension is necessary in order to carry
out the purposes of this Act and notifies the
Secretary of such determination not later than
180 days prior to the end of the 10-year period
referred to in paragraph (1);
(B) the management entity, not later than
180 days prior to the end of the 10-year period
referred to in paragraph (1), presents to the
Secretary a plan of its activities for the period
of the extension, including provisions for becom-
ing independent of the funds made available
pursuant to this Act; and