II Calendar No. 796 110th CONGRESS 2d Session S. 2254 [Report No. 110–364] IN THE SENATE OF THE UNITED STATES October 29, 2007 Mr. Cochran (for himself, Mr. Lott, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources June 16, 2008 Reported by Mr. Bingaman, with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To establish the Mississippi Hills National Heritage Area in the State of Mississippi, and for other purposes.

1.

Short title

This Act may be cited as the Mississippi Hills National Heritage Area Act of 2007.

2.

Findings

Congress finds that— (1)the area in northern Mississippi, and located in the southern foothills of the Appalachian range, has a unique identity that is shaped by— (A)a diverse geological and geographical environment, including substantial portions of— (i)the Red Clay Hills; (ii)the Flatwoods; (iii)the Pontotoc Ridge; (iv)the Black Prairie; and (v)the Northeastern Hills; and (B)diverse peoples who— (i)have settled in the area; and (ii)have been strongly influenced by the intersection of the distinctive cultures of Appalachia and the Mississippi Delta; (2)the area is rich with landmarks of diverse cultural and historical significance, including— (A)Native American settlements, particularly those of the Chickasaw and Choctaw tribes; (B)the Natchez Trace Parkway; (C)sites of important battles and other significant actions of the Civil War, including— (i)the Battle of Corinth; (ii)the Battle of Brices Crossroads; (iii)the Battle of Tupelo; (iv)Van Dorns’ Raid; and (v)Grierson’s Raids; (D)the Contraband Camp in Corinth; (E)the Mississippi University for Women, the first public college for women in the United States; (F)Rust College, founded before 1867, which stands as 1 of the 5 remaining historically black colleges in the United States; (G)birthplaces of literary and musical icons, including— (i)Elvis Aaron Presley, popularly known as the “King of Rock and Roll”, born in Tupelo; (ii)Nobel-Laureate William Faulkner, born in New Albany; (iii)Tammy Wynette, popularly known as the “The First Lady of Country Music”, born in Tremont; (iv)Tennessee Williams, 1 of the leading playwrights of the United States, born in Columbus; (v)Chester A. Burnett, otherwise known as the legendary bluesman Howlin’ Wolf, born in White Station; (vi)opera diva Ruby Elzy, born in Pontotoc; and (vii)Mississippi Hills blues musicians David Junior Kimbrough and R.L. Burnside, born in Marshall and Lafayette counties, respectively; (H)birthplaces of Civil Rights pioneers, including— (i)Ida B. Wells-Barnett, a formidable figure in the anti-lynching movement, born in Holly Springs; and (ii)James Meredith, who became the first African-American to enroll at the University of Mississippi, born in Kosciusko; and (I)birthplaces or residences of other cultural icons and historical figures, including— (i)barnstorming legend Roscoe Turner, born in Corinth; (ii)railroad engineer Casey Jones, who lived in Water Valley; (iii)Civil War cavalryman Nathan Bedford Forrest, who lived in Salem; (iv)Hiram Revels, the first African-American to serve in the Senate, who lived in Holly Springs; (v)L.Q.C. Lamar, a Senator, Secretary of the Interior, and Associate Justice of the Supreme Court of the United States, who lived in Oxford; (vi)author Eudora Welty, who attended the Mississippi University for Women in Columbus; and (vii)Confederate General Stephen D. Lee, who lived in Columbus; (3)the area includes spectacular natural, scenic, and recreational resources, including— (A)the Strawberry Plains State Audubon Center; (B)the Wolf River; (C)the Tennessee-Tombigbee Waterway; (D)the Holly Springs National Forest; (E)the Tombigbee National Forest; (F)the Noxubee National Wildlife Refuge; (G)the Tishomingo State Park; and (H)the Sardis, Enid, and Grenada Lakes; (4)there is broad support from local governments and other interested individuals for the establishment of the Mississippi Hills National Heritage Area to coordinate and assist in the preservation and interpretation of those resources; (5)the Mississippi Hills Heritage Area Concept Plan, coordinated by the Mississippi Hills Heritage Area Alliance is— (A)a collaborative effort between the Federal Government and State and local governments in the area; and (B)a natural foundation on which to establish the Mississippi Hills Heritage Area; and (6)the establishment of the Mississippi Hills Heritage Area would assist local communities and residents in preserving the unique cultural, historical, archaeological, natural, and recreational resources of the area.

3.

Definitions

In this Act: (1)

Alliance

The term Alliance means the Mississippi Hills Heritage Area Alliance, a non-profit organization registered by the State, with the cooperation and support of the University of Mississippi. (2)

Heritage area

The term Heritage Area means the Mississippi Hills National Heritage Area established by section 4(a). (3)

Management plan

The term management plan means the management plan for the Heritage Area developed under section 7. (4)

Secretary

The term Secretary means the Secretary of the Interior. (5)

State

The term State means the State of Mississippi.

4.

Mississippi Hills National Heritage Area

(a)

Establishment

There is established in the State the Mississippi Hills National Heritage Area. (b)

Boundaries

(1)

Affected counties

The Heritage Area shall consist of all, or portions of, as specified by the boundary description in paragraph (2), Alcorn, Attala, Benton, Calhoun, Carroll, Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes, Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha Counties in the State. (2)

Boundary description

The Heritage Area shall have the following boundary description: (A)traveling counterclockwise, the Heritage Area shall be bounded to the west by U.S. Highway 51 from the Tennessee State line until it intersects Interstate 55 (at Geeslin Corner approximately 1/2 mile due north of Highway Interchange 208); (B)from this point, Interstate 55 shall be the western boundary until it intersects with Mississippi Highway 12 at Highway Interchange 156, the intersection of which shall be the southwest terminus of the Heritage Area; (C)from the southwest terminus, the boundary shall— (i)extend east along Mississippi Highway 12 until it intersects U.S. Highway 51; (ii)follow Highway 51 south until it is intersected again by Highway 12; (iii)extend along Highway 12 into downtown Kosciusko where it intersects Mississippi Highway 35; (iv)follow Highway 35 south until it is intersected by Mississippi Highway 14; and (v)extend along Highway 14 until it reaches the Alabama State line, the intersection of which shall be the southeast terminus of the Heritage Area; (D)from the southeast terminus, the boundary of the Heritage Area shall follow the Mississippi-Alabama State line until it reaches the Mississippi-Tennessee State line, the intersection of which shall be the northeast terminus of the Heritage Area; and (E)the boundary shall extend due west until it reaches U.S. Highway 51, the intersection of which shall be the northwest terminus of the Heritage Area.

5.

Designation of Alliance as management entity

(a)

In general

The Alliance shall be the coordinating entity for the Heritage Area. (b)

Federal funding

(1)

Authorization to receive funds

The Alliance may receive amounts made available to carry out this Act. (2)

Disqualification

If a management plan is not submitted to the Secretary as required under subsection (a) of section 7 within the time period specified in that subsection, the Alliance may not receive Federal funding under this Act until a management plan is submitted to the Secretary. (c)

Use of Federal funds

The Alliance may, for the purposes of developing and implementing the management plan, use Federal funds made available under this Act— (1)to make grants and loans to the State, political subdivisions of the State, nonprofit organizations, and other persons; (2)to enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, and other organizations; (3)to hire and compensate staff; (4)to obtain funds from any source, under any program or law, requiring the recipient of funds to make a contribution in order to receive the funds; and (5)to contract for goods and services. (d)

Prohibition of acquisition of real property

The Alliance may not use Federal funds received under this Act to acquire real property or any interest in real property.

6.

Authorities and duties of Alliance

(a)

Authorities

To develop and implement the management plan and otherwise carry out this Act, the Alliance may make grants to and provide technical assistance to tribal and local governments and other public and private entities. (b)

Duties

In carrying out this Act, the Alliance shall— (1)implement the management plan; (2)assist local and tribal governments and non-profit organizations to— (A)establish and maintain interpretive exhibits in the Heritage Area; (B)develop recreational resources in the Heritage Area; (C)increase public awareness of, and appreciation for, the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; (D)restore historic resources that relate to the Heritage Area; and (E)carry out any other activity that the Alliance determines to be appropriate to carry out this Act, consistent with the management plan; (3)on at least an annual basis, conduct public meetings relating to the implementation of the management plan; (4)for any fiscal year for which Federal funds are made available under section 10— (A)submit to the Secretary a report that describes, for the fiscal year, actions of the Alliance in carrying out this Act; (B)make available to the Secretary for audit all records relating to the expenditure of funds and any matching funds; and (C)require, for each agreement authorizing the expenditure of Federal funds by any entity, that the receiving entity make available to the Secretary for audit all records relating to the expenditure of the funds; and (5)ensure that each county included in the Heritage Area is appropriately represented on any oversight advisory committee established pursuant to this Act to coordinate the Heritage Area.

7.

Management of Heritage Area

(a)

In general

Not later than 3 years after the date of enactment of this Act, the Alliance shall develop and submit to the Secretary a management plan for the Heritage Area. (b)

Contents

The management plan shall— (1)provide recommendations for the preservation, conservation, enhancement, funding, management, interpretation, development, and promotion of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; (2)identify sources of funding for the Heritage Area; (3)include— (A)an inventory of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; and (B)an analysis of how Federal, State, tribal, and local programs may best be coordinated to promote and carry out this Act; (4)provide recommendations for educational and interpretive programs to inform the public about the resources of the Heritage Area; and (5)involve residents of affected communities and tribal and local governments. (c)

Approval or disapproval of management plan

(1)

In general

Not later than 90 days after the date of receipt of the management plan, the Secretary shall approve or disapprove the management plan. (2)

Disapproval and revisions

If the Secretary disapproves the management plan, the Secretary shall— (A)advise the Alliance in writing of the reasons for disapproval; (B)make recommendations for revision of the management plan; and (C)allow the Alliance to submit to the Secretary revisions to the management plan. (d)

Revision

After approval by the Secretary of the management plan, the Alliance shall periodically— (1)review the management plan; and (2)submit to the Secretary, for review and approval by the Secretary, any recommendations for revisions to the management plan.

8.

Duties and authorities of Federal agencies

(a)

In general

Subject to the availability of appropriations, the Secretary may provide technical assistance and grants to the Alliance to pay the Federal share of the cost of developing and implementing the management plan. (b)

Prohibition of certain requirements

The Secretary may not, as a condition of the award of technical assistance or grants under this section, require any recipient of the technical assistance or a grant to enact or modify any land use restriction.

9.

Effect of Act

(a)

No effect on land use authority

Nothing in this Act modifies, enlarges, or diminishes the authority of any State, tribal, or local government to regulate any use of land under any other law (including regulations). (b)

Local authority and private property not affected

Nothing in this Act affects or authorizes the Alliance to interfere with— (1)the right of any person with respect to private property; or (2)any local zoning ordinance or land use plan of the State or a political subdivision of the State. (c)

No effect on Indian tribes

Nothing in this Act— (1)restricts an Indian tribe from protecting cultural or religious sites on tribal land; or (2)diminishes the trust responsibilities or government-to-government obligations of the United States to any Indian tribe recognized by the Federal Government. (d)

Management of fish and wildlife

Nothing in this Act— (1)modifies, enlarges, or diminishes the authority of the State to manage fish and wildlife in the Heritage Area, including the regulation of fishing and hunting; and (2)authorizes the Alliance to assume any management authorities over such lands.

10.

Authorization of appropriations

(a)

In general

There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b)

Federal share

The Federal share of the cost of any activity carried out using funds made available under this Act shall not exceed 50 percent.

1.

Short title

This Act may be cited as the Mississippi Hills National Heritage Area Act of 2008.

2.

Definitions

In this Act: (1)

Heritage area

The term Heritage Area means the Mississippi Hills National Heritage Area established by section 3(a). (2)

Local coordinating entity

The term local coordinating entity means the local coordinating entity for Heritage Area designated by section 3(c). (3)

Management plan

The term management plan means the management plan for the Heritage Area required under section 4(a)(1). (4)

Secretary

The term Secretary means the Secretary of the Interior. (5)

State

The term State means the State of Mississippi.

3.

Mississippi Hills National Heritage Area

(a)

Establishment

There is established the Mississippi Hills National Heritage Area in the State. (b)

Boundaries

(1)

Affected counties

The Heritage Area shall consist of all, or portions of, as specified by the boundary description in paragraph (2), Alcorn, Attala, Benton, Calhoun, Carroll, Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes, Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha Counties in the State. (2)

Boundary description

The Heritage Area shall have the following boundary description: (A)traveling counterclockwise, the Heritage Area shall be bounded to the west by U.S. Highway 51 from the Tennessee State line until it intersects Interstate 55 (at Geeslin Corner approximately 1/2 mile due north of Highway Interchange 208); (B)from this point, Interstate 55 shall be the western boundary until it intersects with Mississippi Highway 12 at Highway Interchange 156, the intersection of which shall be the southwest terminus of the Heritage Area; (C)from the southwest terminus, the boundary shall— (i)extend east along Mississippi Highway 12 until it intersects U.S. Highway 51; (ii)follow Highway 51 south until it is intersected again by Highway 12; (iii)extend along Highway 12 into downtown Kosciusko where it intersects Mississippi Highway 35; (iv)follow Highway 35 south until it is intersected by Mississippi Highway 14; and (v)extend along Highway 14 until it reaches the Alabama State line, the intersection of which shall be the southeast terminus of the Heritage Area; (D)from the southeast terminus, the boundary of the Heritage Area shall follow the Mississippi-Alabama State line until it reaches the Mississippi-Tennessee State line, the intersection of which shall be the northeast terminus of the Heritage Area; and (E)the boundary shall extend due west until it reaches U.S. Highway 51, the intersection of which shall be the northwest terminus of the Heritage Area. (c)

Local coordinating entity

(1)

In general

The local coordinating entity for the Heritage Area shall be the Mississippi Hills Heritage Area Alliance, a nonprofit organization registered by the State, with the cooperation and support of the University of Mississippi. (2)

Board of Directors

(A)

In general

The local coordinating entity shall be governed by a Board of Directors comprised of not more than 30 members. (B)

Composition

Members of the Board of Directors shall consist of— (i)not more than 1 representative from each of the counties described in subsection (b)(1); and (ii)any ex-officio members that may be appointed by the Board of Directors, as the Board of Directors determines to be necessary.

4.

Duties and authorities of local coordinating entity

(a)

Duties of the local coordinating entity

To further the purposes of the Heritage Area, the local coordinating entity shall— (1)prepare, and submit to the Secretary, in accordance with section 5, a management plan for the Heritage Area; (2)assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by— (A)establishing and maintaining interpretive exhibits and programs within the Heritage Area; (B)developing recreational opportunities in the Heritage Area; (C)increasing public awareness of, and appreciation for, natural, historical, cultural, archaeological, and recreational resources of the Heritage Area; (D)restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area; and (E)carrying out any other activity that the local coordinating entity determines to be consistent with this Act; (3)conduct meetings open to the public at least annually regarding the development and implementation of the management plan; (4)submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this Act specifying— (A)the accomplishments of the local coordinating entity; (B)the expenses and income of the local coordinating entity; (C)the amounts and sources of matching funds; (D)the amounts leveraged with Federal funds and sources of the leveraged funds; and (E)grants made to any other entities during the fiscal year; (5)make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this Act, all information pertaining to the expenditure of the funds and any matching funds; (6)require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; and (7)ensure that each county included in the Heritage Area is appropriately represented on any oversight advisory committee established under this Act to coordinate the Heritage Area. (b)

Authorities

The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this Act to— (1)make grants and loans to the State, political subdivisions of the State, nonprofit organizations, and other persons; (2)enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, and other organizations; (3)hire and compensate staff; (4)obtain funds or services from any source, including funds and services provided under any other Federal law or program; and (5)contract for goods or services. (c)

Prohibition on acquisition of real property

The local coordinating entity may not use Federal funds received under this Act to acquire any interest in real property.

5.

Management plan

(a)

In general

Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b)

Requirements

The management plan for the Heritage Area shall— (1)provide recommendations for the preservation, conservation, enhancement, funding, management, interpretation, development, and promotion of the cultural, historical, archaelogical, natural, and recreational resources of the Heritage Area; (2)specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area; (3)include— (A)an inventory of the natural, historical, cultural, archaeological, and recreational resources of the Heritage Area; and (B)an analysis of how Federal, State, tribal, and local programs may best be coordinated to promote and carry out this Act; (4)provide recommendations for educational and interpretive programs to provide information to the public on the resources of the Heritage Area; and (5)involve residents of affected communities and tribal and local governments. (c)

Termination of funding

If the management plan is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for additional financial assistance under this Act until the management plan is submitted to, and approved by, the Secretary. (d)

Approval of management plan

(1)

Review

Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan. (2)

Consultation required

The Secretary shall consult with the Governor of the State and any tribal government in which the Heritage Area is located before approving the management plan. (3)

Criteria for approval

In determining whether to approve the management plan, the Secretary shall consider whether— (A)the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historical resource protection organizations, educational institutions, businesses, community residents, and recreational organizations; (B)the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public meetings) in the preparation of the management plan; (C)the resource protection and interpretation strategies described in the management plan, if implemented, would adequately protect the natural, historical, cultural, archaeological, and recreational resources of the Heritage Area; (D)the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans; (E)the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; and (F)the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan. (4)

Action following disapproval

(A)

In general

If the Secretary disapproves the management plan, the Secretary— (i)shall advise the local coordinating entity in writing of the reasons for the disapproval; and (ii)may make recommendations to the local coordinating entity for revisions to the management plan. (B)

Deadline

Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (5)

Review; amendments

(A)

In general

After approval by the Secretary of the management plan, the Alliance shall periodically— (i)review the management plan; and (ii)submit to the Secretary, for review and approval by the Secretary, any recommendations for revisions to the management plan. (B)

In general

An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (C)

Implementation

The local coordinating entity shall not use Federal funds authorized to be appropriated by this Act to implement an amendment to the management plan until the Secretary approves the amendment.

6.

Duties and authorities of the secretary

(a)

Technical and financial assistance

(1)

In general

On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan. (2)

Cooperative agreements

The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under paragraph (1). (3)

Priority

In assisting the Heritage Area, the Secretary shall give priority to actions that assist in— (A)conserving the significant natural, historical, cultural, archaeological, and recreational resources of the Heritage Area; and (B)providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (b)

Evaluation; report

(1)

In general

Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under section 10, the Secretary shall— (A)conduct an evaluation of the accomplishments of the Heritage Area; and (B)prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with paragraph (3). (2)

Evaluation

An evaluation conducted under paragraph (1)(A) shall— (A)assess the progress of the local coordinating entity with respect to— (i)accomplishing the purposes of this Act for the Heritage Area; and (ii)achieving the goals and objectives of the approved management plan for the Heritage Area; (B)analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (C)review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3)

Report

(A)

In general

Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (B)

Required analysis

If the report prepared under this paragraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i)ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii)the appropriate time period necessary to achieve the recommended reduction or elimination. (C)

Submission to congress

On completion of a report under this paragraph, the Secretary shall submit the report to— (i)the Committee on Energy and Natural Resources of the Senate; and (ii)the Committee on Natural Resources of the House of Representatives.

7.

Relationship to other federal agencies

(a)

In general

Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b)

Consultation and coordination

To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity. (c)

Other federal agencies

Nothing in this Act— (1)modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2)limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3)modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

8.

Effect

(a)

Property owners and regulatory protections

Nothing in this Act— (1)abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2)requires any property owner to— (A)permit public access (including Federal, tribal, State, or local government access) to the property; or (B)modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land; (3)alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government; (4)conveys any land use or other regulatory authority to the local coordinating entity; (5)authorizes or implies the reservation or appropriation of water or water rights; (6)diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (7)creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. (b)

No effect on Indian tribes

Nothing in this Act— (1)restricts an Indian tribe from protecting cultural or religious sites on tribal land; or (2)diminishes the trust responsibilities or government-to-government obligations of the United States to any Indian tribe recognized by the Federal Government.

9.

Authorization of appropriations

(a)

In general

There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b)

Availability

Amounts made available under subsection (a) shall remain available until expended. (c)

Cost-sharing requirement

(1)

In general

The Federal share of the total cost of any activity under this Act shall be not more than 50 percent. (2)

Form

The non-Federal contribution— (A)shall be from non-Federal sources; and (B)may be in the form of in-kind contributions of goods or services fairly valued.

10.

Termination of financial assistance

The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

June 16, 2008 Reported with an amendment