H.R. 3317 (104th): Yellowstone River Valley Heritage Area Act of 1996

104th Congress, 1995–1996. Text as of Apr 24, 1996 (Introduced).

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HR 3317 IH

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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Yellowstone River Valley 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 ‘management 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 ‘technical 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 defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs 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 Secretary 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 composed of the lands generally depicted on the map entitled ‘Yellowstone River Valley Heritage Area--Proposed’, numbered XX, and dated XX. The map shall be on file and available for public inspection in the office of the Director 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 heritage area only after each of the following conditions is met:

      (1) SUBMISSION OF COMPACT TO SECRETARY- An entity requesting heritage area designation 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 statement by the entity that any such Governor has failed to comment within a reasonable time after receiving the compact, shall accompany such submittal to the Secretary.

      (2) APPROVAL AND SUBMISSION BY SECRETARY- 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 preferred 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 Heritage 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 explanation of the proposed approach to conservation 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 involved in developing and implementing the management 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 public 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 development of the area. The plan shall take into consideration existing State, county, and local plans and involve residents, public agencies, and private organizations 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 resource management that consider and detail the application of appropriate land and water management techniques, including (but not limited to) the development of intergovernmental cooperative agreements to protect the historical, cultural, and natural resources and the recreational opportunities of the area in a manner consistent with the support of appropriate and compatible economic viability.

        (ii) A program, including plans for restoration and construction, for implementation of the management plan by the management entity specified in the compact referred to in paragraph (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 Federal, State, and local programs may best be coordinated 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 management 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 consultation with the Governors of each of the States of Montana, North Dakota, and Wyoming, shall approve 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 Secretary disapproves a compact or management plan submitted under this Act, the Secretary shall advise

the submitter, in writing, of the reasons for the disapproval and shall make recommendations for revisions 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 appropriated pursuant to this Act may not be expended to implement such amendments until the Secretary approves the amendments.

      (4) NO REQUIREMENT FOR LAND USE REGULATION 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 compact or management plan by the Secretary.

SEC. 5. MANAGEMENT ENTITY.

    (a) IN GENERAL-

      (1) RECEIPT OF FEDERAL FUNDS- The management 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 management plan regarding the Heritage Area and to otherwise perform the functions contemplated in this Act.

      (2) ELIGIBILITY- To be eligible for designation as the management entity of the Heritage Area, a unit of government or private nonprofit organization must possess the legal ability to--

        (A) receive Federal funds for use in preparing 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 received or disbursed; and

        (D) sign agreements with the Federal Government.

      (3) MEMBERSHIP- A management entity for the Heritage Area should, to the fullest extent possible, 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 purposes 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 management 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 management plan, including--

        (A) assisting units of government, regional planning organizations, and nonprofit organizations--

          (i) in preserving the Heritage Area;

          (ii) in establishing and maintaining interpretive exhibits in the area;

          (iii) in developing recreational opportunities 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 buildings 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 interest are put in place throughout the area; and

        (B) consistent with the goals of the management plan, encouraging economic viability in the affected communities by appropriate means.

      (3) CONSIDERATION OF INTERESTS OF LOCAL GROUPS- The management entity shall, in developing and implementing the management plan, consider the interests of diverse governmental, business, and nonprofit groups within the geographic area.

      (4) PUBLIC MEETINGS- The management entity 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 increase 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 outstanding, 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 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 outstanding, make available for audit by the Congress, the Secretary, and appropriate units of government all records and other information 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 information 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 funding under this Act until such a plan regarding the Heritage Area is submitted to the Secretary.

    (e) PROHIBITION OF ACQUISITION OF REAL PROPERTY- 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 purposes.

    (f) DURATION OF ELIGIBILITY FOR FINANCIAL ASSISTANCE-

      (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 period beginning on the day on which the Heritage Area is designated, except as provided in paragraph (2).

      (2) EXTENSION OF ELIGIBILITY- The eligibility 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 becoming independent of the funds made available pursuant to this Act; and

        (C) the Secretary, after consulting with the Governors of the States of Montana, North Dakota, and Wyoming, approves such extension of eligibility.

      (3) LACK OF EFFECT OF EXTENSION ON FUNDING 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 accordance with the purposes of this Act, the Secretary is authorized--

      (1) to advise State and local governments, nonprofit organizations, and other appropriate entities regarding suitable methods of recognizing and preserving thematically and geographically linked natural, historic, and cultural resources and recreational opportunities; and

      (2) to consider the Heritage Area for nomination to the World Heritage List if the Secretary determines 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 entity for the relevant Heritage Area, regarding management 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 government, 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 Secretary may provide technical assistance to units of government and private nonprofit organizations regarding compacts and, upon request of the management entity for the relevant Heritage Area, regarding management plans and early actions described in section 4 and capital projects and improvements undertaken 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 organizations 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 assistance 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, historic, 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 ASSISTANCE- 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 effectively fulfills the objectives contained in the management 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 aspects of American heritage worthy of recognition, preservation, interpretation, and continuing use; and

          (ii) are best managed as such an assemblage, through partnerships among public and private entities, and by combining 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 combination thereof, that are a valuable part of the story of the Nation.

        (C) CONSERVATION OF NATURAL, CULTURAL, OR HISTORIC FEATURES- The area shall provide outstanding opportunities to conserve natural, cultural, or historic features, or some combination thereof.

        (D) RECREATIONAL AND EDUCATIONAL OPPORTUNITIES- The area shall provide outstanding recreational and educational opportunities.

        (E) THEMES AND INTEGRITY OF RESOURCES- The area shall have an identifiable theme or themes, and resources important to

the identified theme or themes shall retain integrity capable of supporting interpretation.

        (F) SUPPORT- Residents, nonprofit organizations, other private entities, and governments within the proposed area shall demonstrate support for designation of the area and for management of the area as appropriate for such designation.

        (G) AGREEMENTS- The principal organization and units of government supporting the designation shall be willing to commit to agreements to work in partnership to implement the management plan of the area.

        (H) CONSISTENCY WITH ECONOMIC VIABILITY- 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 within the boundaries of the area unless the government 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 directly on nonfederally owned property to further the purposes of this Act, giving priority to assisting units of government in appropriate treatment of districts, sites, buildings, structures, and objects listed or eligible for listing on the National Register of Historic Places.

      (8) ANNUAL REPORT- The Secretary shall submit an annual report to the Congress regarding the Heritage Areas Partnership Program. Each report shall include--

        (A) the number, amount, and recipients of any grants provided by the Secretary under this Act and the nature of any technical assistance or early action provided under this Act;

        (B) a description of the status and condition of, and Federal funding provided under this Act to, the Heritage Area;

        (C) a description of the areas nominated for the Heritage Partnership Program;

        (D) the recommendations of the Secretary regarding areas to be designated by the Congress as Heritage Areas; and

        (E) the status of the implementation of all contractual agreements entered into by the Secretary under this Act.

      (9) OVERSIGHT OF HERITAGE AREAS WITH EXPIRED ELIGIBILITY- The Secretary shall investigate, study, and continually monitor the welfare of the Heritage Area after its eligibility for Federal funding under this Act has expired and shall report to the Congress periodically regarding the condition of the Heritage Area.

      (10) PROVISION OF INFORMATION- In cooperation with other Federal agencies, the Secretary shall provide the general public with information regarding the location and character of components of the Heritage Areas Partnership Program.

      (11) PROMULGATION OF REGULATIONS- The Secretary shall promulgate such regulations as are necessary to carry out the purposes of this Act.

    (c) DUTIES OF FEDERAL ENTITIES- Any Federal entity conducting or supporting activities within the Heritage Area, and any unit of government acting pursuant to a grant of Federal funds or a Federal permit or agreement and conducting or supporting such activities, shall, to the maximum extent practicable--

      (1) consult with the Secretary and the management entity for the Heritage Area with respect to such activities; and

      (2) cooperate with the Secretary and the management entity in the carrying out of the duties of the Secretary and the management entity under this Act, and coordinate such activities to minimize any real or potential adverse impact on the Heritage Area.

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

    (a) LACK OF EFFECT ON AUTHORITY OF GOVERNMENTS- Nothing in this Act shall be construed to modify, enlarge, or diminish any authority of Federal, State, and local governments to regulate any use of land as provided for by current law or regulation.

    (b) LACK OF ZONING OR LAND USE POWERS OF ENTITY- Nothing in this Act shall be construed to grant powers of zoning or land use to any management entity for the Heritage Area.

    (c) MANAGEMENT PLAN AVAILABILITY TO LOCAL GOVERNMENTS- Any management plan referred to in section 4(a) and submitted to the Secretary by the management entity for the Heritage Area shall be made available to the local governments having jurisdiction over land use regulations affecting the Heritage Area for the use of the local governments in updating their growth management plans and in the event that such governments desire to amend current land use legislation as they may deem appropriate and in accordance with their legal authority.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) FEASIBILITY STUDIES, COMPACTS, MANAGEMENT PLANS, AND EARLY ACTIONS- From the amounts made available to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.), there is authorized to be appropriated to the Secretary, for grants and technical assistance pursuant to section 6 and the administration of such grants and assistance, such sums as may be necessary, to remain available until expended, with the following conditions:

      (1) PERCENT OF COST- No grant under this Act for a compact, management plan, or early action may exceed 75 percent of the cost, to the grantee, for such compact, plan, or early action.

      (2) COMPACT- The total amount of Federal funding under this Act for the compact for the proposed Heritage Area may not exceed $150,000.

      (3) EARLY ACTION GRANTS- The total amount of Federal funding under this Act for early action grants for the Heritage Area may not exceed $250,000.

      (4) MANAGEMENT PLANS- The total amount of Federal funding under this Act for the management plan for the Heritage Area may not exceed $150,000.

    (b) MANAGEMENT ENTITY OPERATIONS-

      (1) OPERATING COSTS- From the amounts made available to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.), there is authorized to be appropriated to the Secretary, for the management entity of the Heritage Area, not more than $250,000 annually for the operating costs of such management entity pursuant this Act.

      (2) COST SHARE- The Federal contribution under this Act to the operations of any management entity of the Heritage Area shall not exceed 50 percent of the annual operating costs of the entity.

    (c) PLAN IMPLEMENTATION- From the amounts made available to carry out the National Historic Preservation Act (16 U.S.C. 470 et seq.), there is authorized to be appropriated to the Secretary, for grants and technical assistance for the implementation of management plans for designated Heritage Areas and the administration of such grants and assistance, such sums as may be necessary, to remain available until expended, with the following conditions:

      (1) PERCENT OF COST- No grant under this Act for implementation of a management plan may exceed 50 percent of the cost to the grantee of the implementation.

      (2) TOTAL FUNDING FOR EACH AREA- Not more than a total of $10,000,000 may be made available under this subsection to the Heritage Area.

      (4) AGREEMENTS- Any payment made under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to the greater of--

        (A) reimbursement of all funds made available for such project; and

        (B) the proportion of the increased value of the project attributable to such funds, as determined at the time of such conversion, use, or disposal.

    (d) LIMITATION ON AMOUNTS FOR TECHNICAL ASSISTANCE- The amount of Federal funding made available under this section for technical assistance for the Heritage Area for a fiscal year may not exceed $150,000.