[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3318 Introduced in House (IH)]







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.

    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 ``Southwest Montana Heritage and 
Recreation Area Act of 1996''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Southwest Montana Heritage and Recreation 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. SOUTHWEST MONTANA HERITAGE AND RECREATION 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 Southwest 
Montana Heritage and Recreation Area.
    (b) Boundaries.--The Heritage Area shall be composed of the lands 
generally depicted on the map entitled ``Southwest Montana Heritage and 
Recreation Area--Proposed'', numbered ____, and dated ____. 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 Governor of the State of 
        Montana, or a statement by the entity that the 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 State of 
                Montana.
            (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 
        Governor of the State of Montana, 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 the State, 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 
                Governor of the State of Montana, 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.
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