[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1539 Introduced in Senate (IS)]

  2d Session
                                S. 1539

 To establish the Los Caminos del Rio National Heritage Area along the 
     Lower Rio Grande Texas-Mexico border, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 1996

Mrs. Hutchison introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Los Caminos del Rio National Heritage Area along the 
     Lower Rio Grande Texas-Mexico border, and for other purposes.

    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 ``Los Caminos del Rio National 
Heritage Area Act of 1996''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) along the Lower Rio Grande on the border between Texas 
        and Mexico, from Laredo, Texas, to the Gulf of Mexico, a 
        distinctive heritage is exhibited through resources of immense 
        economic, natural, scenic, historical, cultural, and 
        recreational value to the citizens of the United States and the 
        United Mexican States;
            (2) significant historical themes and resources of local, 
        State, national, and international importance characterize the 
        river communities and counties along the Lower Rio Grande, 
        representing--
                    (A) early 16th- and 17th-century Spanish and French 
                explorations;
                    (B) 18th-century river settlements founded by Jose 
                de Escandon under the Spanish Crown;
                    (C) 18th-century ranches that gave birth to the 
                American cowboy;
                    (D) Texas independence and establishment of the 
                Republic of the Rio Grande in 1840;
                    (E) the first battle of the Mexican-American War at 
                Palo Alto in 1846;
                    (F) the last land battle of the American Civil War, 
                fought near the mouth of the Rio Grande in 1865;
                    (G) a thriving steamboat trade in the late 19th 
                century; and
                    (H) the development of the Rio Grande Valley as an 
                agricultural empire;
            (3) the Lower Rio Grande is 1 of the most complex 
        ecological systems in the United States, with 10 habitat types 
        that host a remarkable variety of species, including 600 
        species of vertebrates and 11,000 species of plants;
            (4) many local and regional governments, Federal and State 
        agencies, businesses, private organizations, and citizens in 
        the United States and Mexico have expressed a desire to work 
        cooperatively to preserve and enhance the most significant 
        components of the natural and cultural heritage throughout the 
        region, while providing for sustainable growth and development; 
        and
            (5) it is in the best interest of the citizens of the 
        United States that the Federal Government lend aid and 
        assistance to the State of Texas and its political 
        subdivisions, Los Caminos del Rio of Texas, Incorporated, and 
        other agencies and organizations in developing a management 
        plan to ensure the development, preservation, and restoration 
        of the historical, cultural, natural, scenic, and recreational 
        resources of the Lower Rio Grande region of Texas.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to recognize the special importance of the Lower Rio 
        Grande region as a living historical legacy of the United 
        States and Mexico containing a wealth of cultural, historical, 
        and heritage resources important to the development of both 
        countries; and
            (2) to provide a new conceptual framework and 
        administrative structure for assisting the State of Texas and 
        its political subdivisions, Federal agencies, and other 
        organizations within the United States and Mexico, in the 
        development and implementation of integrated heritage and 
        economic resource policies and programs that will--
                    (A) establish stronger, clearer connections between 
                Federal, State, and local agencies with programs for 
                cultural conservation, international relations, 
                transportation, economic development, and natural 
                systems;
                    (B) provide technical assistance to heritage area 
                communities and organizations for historic 
                preservation, heritage education, interpretation, 
                tourism development, environmental restoration and 
                community development;
                    (C) cultivate a consensus vision for the heritage 
                area, based on public dialogue, that advocates 
                intergenerational responsibility and sustainable growth 
                in a manner that is consistent with the other purposes 
                of the heritage area;
                    (D) promote international understanding and 
                cooperation between Mexico and the United States;
                    (E) enhance the economic base of heritage area 
                communities through heritage tourism, conservation, and 
                development actions as a means of creating an 
                entrepreneurial climate by expanding job opportunities, 
                supporting businesses, creating capital, and increasing 
                local tax bases;
                    (F) elevate cultural pride and local understanding 
                for heritage resources through the development and 
                management of regional interpretation and educational 
                programs that connect people with resources, 
                activities, and organizations; and
                    (G) create partnerships between public and private 
                entities to finance projects and initiatives throughout 
                the Lower Rio Grande through which limited Federal, 
                State, and local capital contributions for planning and 
                infrastructure investments will stimulate private 
                sector contributions.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``heritage area'' means the 
        Los Caminos del Rio National Heritage Area, as determined 
        eligible for designation under section 5 and established by 
        section 6.
            (2) Heritage partnership.--The term ``heritage 
        partnership'' means the public-private administrative entity 
        established for the heritage area under section 7.
            (3) Heritage study.--The term ``heritage study'' means the 
        report entitled ``Los Caminos del Rio Heritage Area Study'', 
        prepared by the task force, which contains--
                    (A) an inventory of natural, historical, cultural, 
                and recreational resources along the heritage area and 
                their relative value and significance;
                    (B) recommendations for the creation of a 
                partnership that will coordinate activities within the 
                heritage area; and
                    (C) strategies and proposed actions to protect and 
                enhance the most significant and meaningful components 
                of the natural and cultural heritage of the heritage 
                area while providing for sustainable growth and 
                development.
            (4) Management plan.--The term ``management plan'' means 
        the management plan for the heritage area developed under 
        section 8.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Task force.--The term ``task force'' means the State 
        task force for the Los Caminos del Rio Heritage Project 
        appointed by the Governor of the State of Texas, which is--
                    (A) composed of representatives of the Texas 
                Department of Commerce, the Texas Department of 
                Transportation, the Texas Historical Commission, and 
                the Texas Parks and Wildlife Department; and
                    (B) charged with working in coordination with 
                public- and private-sector efforts to determine 
                efficient methods to accomplish the development of the 
                Los Caminos del Rio Heritage Project.

SEC. 5. CRITERIA FOR DESIGNATION.

    An area shall be eligible for designation as a heritage area under 
this Act only if the area meets each of the following criteria:
            (1) Assemblage of resources.--The area is a cohesive 
        assemblage of natural, historic, cultural, or recreational 
        resources that--
                    (A) together represent distinctive aspects of 
                American heritage worthy of recognition, conservation, 
                interpretation, and continuing use; and
                    (B) are best managed through partnerships between 
                public and private entities.
            (2) Traditions, customs, beliefs, or folklife.--The area 
        reflects traditions, customs, beliefs, or folklife, or any 
        combination thereof, that are a valuable part of the story of 
        the United States.
            (3) Conservation of natural, cultural, or historic 
        features.--The area provides outstanding opportunities to 
        conserve natural, cultural, or historic features, or any 
        combination thereof.
            (4) Recreational and educational opportunities.--The area 
        provides outstanding recreational and educational 
        opportunities.
            (5) Themes and integrity of resources.--The area has an 
        identifiable theme, and resources important to the theme retain 
        integrity capable of supporting interpretation.
            (6) Support.--Residents, nonprofit organizations, other 
        private entities, and governments throughout the proposed 
        area--
                    (A) demonstrate support for designation of the area 
                and for management of the area appropriate to the 
                designation; and
                    (B) are willing to commit to the implementation of 
                the compact for the area as described in section 7(e).

SEC. 6. ESTABLISHMENT OF LOS CAMINOS DEL RIO NATIONAL HERITAGE AREA.

    (a) Establishment.--Subject to section 5, the Secretary shall 
establish in the State of Texas the Los Caminos del Rio National 
Heritage Area.
    (b) Boundary.--The heritage area shall be comprised of Cameron 
County, Hildalgo County, Starr County, Webb County, and Zapata County, 
Texas, as depicted on the map entitled ``Los Caminos del Rio National 
Heritage Area'' numbered ____ and dated ____, which shall be on file 
and available for public inspection in the offices of the Department of 
the Interior in Washington, District of Columbia, and the Texas 
Historical Commission in Austin, Texas.
    (c) Publication of Legal Description and Map.--As soon as 
practicable after the date of enactment of this Act, the Secretary 
shall publish in the Federal Register a legal description and map of 
the boundaries of the heritage area.

SEC. 7. HERITAGE PARTNERSHIP.

    (a) Participation by the Secretary.--The Secretary shall 
participate in an administrative entity to be known as the ``heritage 
partnership'' (which shall not constitute a partnership in a legal 
sense) that includes representatives of--
            (1) Los Caminos del Rio of Texas, Incorporated;
            (2) the Texas Department of Commerce, the Texas Department 
        of Transportation, the Texas Historical Commission, and the 
        Texas Parks and Wildlife Department;
            (3) residents of the heritage area;
            (4) public and private organizations dedicated to cultural 
        conservation, community development, tourism, education, 
        business, interpretation, or the environment;
            (5) the National Park Service and United States Fish and 
        Wildlife Service; and
            (6) pertinent entities in Mexico as ex officio members.
    (b) Purpose.--The heritage partnership shall unite the task force, 
participating Federal agencies, Los Caminos del Rio of Texas, 
Incorporated, and other heritage partners in a single organization to 
effectively blend government technical expertise with private sector 
resourcefulness and understanding of local issues and values and 
provide essential coordination and leadership for the heritage area.
    (c) Establishment.--The executive committee of the board of 
directors for Los Caminos del Rio of Texas, Incorporated, and the 
executive directors representing the task force, including the Texas 
Department of Commerce, the Texas Department of Transportation, the 
Texas Historical Commission, and the Texas Parks and Wildlife 
Department, or their designees, shall facilitate the establishment of 
the heritage partnership.
    (d) Activities.--
            (1) Coordination.--The heritage partnership shall provide 
        overall coordination of the various entities and funding 
        sources relevant to the purposes of the heritage area.
            (2) Mission.--The primary mission of the heritage 
        partnership shall be to--
                    (A) facilitate development and implementation of a 
                management plan;
                    (B) provide technical assistance and leverage 
                financial assistance for heritage area communities and 
                resource areas;
                    (C) coordinate existing and potential activities 
                and programs that encourage positive development of the 
                region; and
                    (D) become a self-sustaining entity.
    (e) Compact.--
            (1) Development.--The members of the heritage partnership 
        shall develop a compact that identifies the initial partners to 
        be involved in developing and implementing the management plan 
        and a statement of the financial commitment of the partners.
            (2) Prohibition on land use restrictions.--The compact may 
        not require the enactment or modification of land use 
        restrictions.
    (f) Public Meetings.--The heritage partnership shall conduct public 
meetings at least quarterly regarding the implementation of the 
management plan for the heritage area.
    (g) Prohibition of Acquisition of Real Property.--The heritage 
partnership may not use Federal funds received under this Act to 
acquire real property or an interest in real property.
    (h) Duration of Eligibility for Assistance.--The heritage 
partnership shall be eligible to receive assistance from funds 
appropriated under this Act for a 13-year period beginning on the date 
on which the Secretary approves a compact under this section.

SEC. 8. HERITAGE AREA MANAGEMENT PLAN.

    (a) Preparation.--Subject to sections 12 and 14, the heritage 
partnership, in conjunction with private landowners within the heritage 
area, local governments, Federal and State agencies, and the public, 
shall develop a management plan to ensure proper management of 
significant cultural and heritage resources within the heritage area in 
a manner that is compatible with, and supportive of, natural, cultural, 
scenic, educational, recreational, and economic values of the resources 
and takes into account the existing uses of land within the area and 
any development already in progress.
    (b) Components.--Subject to sections 12 and 14, the management plan 
shall include--
            (1) recommended policies and techniques for resource 
        management, including development of intergovernmental 
        cooperative agreements to protect historical, cultural, 
        recreational, scenic, and heritage resources of the heritage 
        area in a manner that is consistent with, and supportive of, 
        compatible economic revitalization efforts;
            (2) goals, criteria, and standards applicable to the 
        preservation and use of important cultural and heritage 
        resources of the heritage area;
            (3) a regional heritage education and interpretive plan to 
        address the cultural and natural history of the heritage area, 
        including actions to enhance visitor use and understanding and 
        promote protection and awareness of the heritage area resources 
        in schools located in the heritage area;
            (4) an inventory that identifies properties in the heritage 
        area that should be preserved, restored, managed, developed, or 
        maintained, because of their natural, cultural, historical, or 
        scenic significance, with recognition of the rights of private 
        landowners and traditional land users;
            (5) an implementation program for the plan that includes 
        actions and responsibilities of the heritage partnership, local 
        governments, and Federal and State agencies, as agreed on by 
        the parties and private landowners within the heritage area; 
        and
            (6) a coordination and consistency component that describes 
        the ways in which private, local, State, and Federal programs 
        will be coordinated to promote the purposes of this Act and 
        protect the interests of private landowners within the heritage 
        area.

SEC. 9. WITHDRAWAL OF DESIGNATION.

    (a) In General.--The heritage area designation of an area under 
this Act shall continue unless--
            (1) the Secretary determines that--
                    (A) the heritage area no longer meets the criteria 
                referred to in section 5;
                    (B) the use, condition, or development of the area 
                is inconsistent with the criteria referred to in 
                section 5, the compact for the area, or the management 
                plan for the area; or
                    (C) as demonstrated by a request from the Governor 
                of the State of Texas is located or a petition 
                reflecting the interest of residents of the area, the 
                heritage area is no longer supported by the residents 
                of the area; and
            (2) after making a determination referred to in paragraph 
        (1), the Secretary submits to Congress notification that the 
        heritage area designation of the area should be withdrawn.
    (b) Public Hearing.--Before the Secretary makes a determination 
referred to in subsection (a)(1) regarding a heritage area, the 
Secretary or a designee shall hold a public hearing within the area.
    (c) Time of Withdrawal of Designation.--The withdrawal of the 
heritage area designation of an area shall become final 90 legislative 
days after the Secretary submits to Congress the notification referred 
to in subsection (a)(2) regarding the area.
    (d) Restrictions on Redesignation.--If the heritage area 
designation of any area under this Act is withdrawn, the area may not 
be redesignated as a heritage area before the expiration of the 10-year 
period beginning on the date of the withdrawal. In the case of any 
heritage area that is redesignated, the length of time the area shall 
be eligible for Federal funds under this Act shall be the excess (if 
any) of 15 years over the amount of time for which the area was 
previously eligible for Federal funds under this Act.

SEC. 10. DUTIES OF THE SECRETARY OF THE INTERIOR.

    (a) Technical and Financial Assistance.--
            (1) In general.--At the request of the heritage 
        partnership, the Secretary shall provide technical and 
        financial assistance to the heritage partnership in the 
        preparation and implementation of any plan or research 
        recommended in the heritage study or management plan.
            (2) Land use restrictions.--The Secretary shall not, as a 
        condition to the award of technical and financial assistance 
        under paragraph (1), require any recipient of assistance to 
        enact or modify any land use restriction.
    (b) Coordination With Mexico.--The Secretary may work in 
cooperation with the government of Mexico (including providing 
technical assistance) to coordinate planning, interpretation, and 
implementation activities as recommended in the heritage study or 
management plan.

SEC. 11. DUTIES OF OTHER FEDERAL ENTITIES.

    To avoid any decision or action by any department, agency, or 
instrumentality of the United States that could unfavorably affect or 
alter any significant resource of the heritage area having substantial 
natural, scenic, historical, cultural, or recreational value, the head 
of the department, agency, or instrumentality shall--
            (1) notify the Secretary, and before taking final action 
        with respect to implementing any such decision or action, allow 
        the Secretary 30 days in which to present the Secretary's views 
        on the matter;
            (2) cooperate with the Secretary and the heritage 
        partnership in carrying out their duties under this Act and, to 
        the maximum extent practicable, coordinate activities of the 
        department, agency, or instrumentality that affect the heritage 
        area with the carrying out of those duties; and
            (3) cooperate with the heritage partnership, to the 
        greatest extent practicable, in supporting the purposes of the 
        heritage area.

SEC. 12. NO EFFECT ON LAND USE REGULATION.

    (a) No Effect on Authority of Governments.--Nothing in this Act 
modifies, enlarges, or diminishes any authority of Federal, State, or 
local government to regulate any use of land as provided for by law.
    (b) No Zoning or Land Use Powers in the Heritage Partnership.--
Nothing in this Act grants powers of zoning or land use to the heritage 
partnership.

SEC. 13. FISHING AND HUNTING SAVINGS CLAUSE.

    (a) No Diminishment of State Authority.--Establishment of the 
heritage area does not diminish the authority of the State of Texas to 
manage fish and wildlife inside or outside the heritage area.
    (b) No Conditioning of Approval and Assistance.--Neither the 
Secretary nor any other Federal agency may--
            (1) make any limitation on hunting, fishing, or trapping a 
        condition for the approval of a compact or the determination of 
        eligibility for assistance under this Act; or
            (2) make any such limitation a condition for the receipt, 
        in connection with the heritage area, of any other form of 
        assistance.

SEC. 14. PRIVATE PROPERTY PROTECTION.

    (a) Limitation on Inclusion of Private Property in Heritage 
Areas.--
            (1) In general.--No privately owned property shall be 
        included in the heritage area unless the government of the 
        county, city, or town in which the property is located agrees 
        that the property may be included and notifies the Secretary of 
        the agreement.
            (2) Removal.--If at any time after inclusion of privately 
        owned property in the heritage area, the government of a 
        county, city, or town that submitted a notification under 
        paragraph (1) requests to be removed from the heritage area, 
        the members of the heritage partnership shall revise the 
        compact to exclude the county, city, or town from the heritage 
        area.
    (b) Prohibition of Assistance if Management Entity Exercises Zoning 
or Land Use Powers.--The Secretary may not provide grants or technical 
assistance under this Act with respect to any heritage area if the 
management entity for such area possesses or exercises any zoning or 
land use regulation powers.
    (c) Private Property.--
            (1) In general.--Nothing in this Act--
                    (A) requires an owner of private property to 
                participate in or be associated with the heritage area 
                or to permit public access to the private property; or
                    (B) modifies any provision of State law with regard 
                to public access to or use of private land.
            (2) Limitation on inclusion in heritage areas.--No 
        privately owned property shall be included in the heritage area 
        if the owner of the property notifies the Secretary that the 
        owner does not wish to include the property in the area.
            (3) Consent of owners.--A Federal employee may not enter or 
        otherwise take an action on private property to carry out this 
        Act without the consent of the owner of the property.
            (4) Acquisition of property.--A management entity for the 
        heritage area may not acquire real or personal property, or any 
        interest in the property, without the consent of the owner of 
        the property.
            (5) Property values.--A Federal agency or employee may not 
        take an action under this Act that would diminish the value of 
        private property.
    (d) Recognition of Authority To Control Land Use.--No provision of 
this Act shall be construed to modify any authority of Federal, State, 
or local government to regulate land use.
    (e) Notification on Maps.--All maps and brochures prepared under 
this Act shall include language stating that certain lands within the 
heritage areas are private lands.

SEC. 15. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS.

    This Act does not--
            (1) require the imposition of any environmental, 
        occupational, safety, or other regulation, standard, or permit 
        process that is different from those that would be applicable 
        had the heritage area not been established;
            (2) require the imposition of any Federal or State water 
        use designation or water quality standard on uses of, or 
        discharges to, waters of a State or waters of the United 
        States, within or adjacent to a heritage area, that is 
        different from those that would be applicable had the heritage 
        area not been established;
            (3) affect the continuing use and operation, repair, 
        rehabilitation, expansion, or new construction of water supply 
        facilities, water and wastewater treatment facilities, 
        stormwater facilities, public utilities, and common carriers;
            (4) authorize or imply the reservation or appropriation of 
        water or water rights; or
            (5) abridge, restrict, or alter any applicable rule, 
        regulation, standard, or review procedure for the permitting of 
        facilities within or adjacent to the heritage area.

SEC. 16. MULTIPLE USE SAVINGS CLAUSE.

    (a) No Diminishment of State Authority.--This Act does not diminish 
the authority of the State of Texas to manage fish and wildlife, 
including the regulation of fishing and hunting within the heritage 
area.
    (b) No Conditioning of Compact and Assistance.--The Secretary may 
not require limitations on any multiple use on Federal land (including 
oil and gas, exploration and production, timbering, grazing, mining, 
irrigation, recreation, fishing, hunting, or trapping) as a condition 
for approval of a compact under section 7 or the provision of technical 
or financial assistance under section 10.

SEC. 17. REPORT.

    On or before the last day of the 5th fiscal year beginning after 
the date of enactment of this Act and of each 5th year thereafter, the 
Secretary shall submit to Congress a report on the status and 
accomplishments of the heritage area.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    (a) Heritage Partnership.--There are authorized to be appropriated 
to the heritage partnership to carry out its duties under this Act such 
sums as are necessary for each fiscal year.
    (b) Limitation.--Assistance under this Act for a management plan 
may not exceed 75 percent of the cost for such plan.
    (c) Secretary.--There are authorized to be appropriated to the 
Secretary such sums as are necessary to carry out this Act.

SEC. 19. EXPIRATION OF AUTHORITIES.

    The authorities contained in this Act shall expire on September 30 
of the 15th fiscal year beginning after the date of enactment of this 
Act.
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