[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5239 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5239

  To establish the Northern Rio Grande National Heritage Area in the 
              State of New Mexico, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2002

   Mr. Udall of New Mexico introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To establish the Northern Rio Grande National Heritage Area in the 
              State of New Mexico, 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 ``Northern Rio Grande National 
Heritage Area Act''.

SEC. 2. FINDINGS.

     The Congress finds the following:
            (1) Northern New Mexico encompasses a mosaic of cultures 
        and history, including 8 Pueblos and the descendants of Spanish 
        ancestors who settled in the area in 1598.
            (2) The combination of cultures, languages, folk arts, 
        customs, and architecture make northern New Mexico unique.
            (3) The area includes spectacular natural, scenic, and 
        recreational resources.
            (4) There is broad support from local governments and 
        interested individuals to establish a National Heritage Area to 
        coordinate and assist in the preservation and interpretation of 
        these resources.
            (5) In 1991, the National Park Service study Alternative 
        Concepts for Commemorating Spanish Colonization identified 
        several alternatives consistent with the establishment of a 
        National Heritage Area, including conducting a comprehensive 
        archaeological and historical research program, coordinating a 
        comprehensive interpretation program, and interpreting a 
        cultural heritage scene.
            (6) Establishment of a National Heritage Area in northern 
        New Mexico would assist local communities and residents in 
        preserving these unique cultural, historical and natural 
        resources.

SEC. 3. DEFINITIONS.

    As used in this Act
            (1) Heritage area.--The term ``heritage area'' means the 
        Northern Rio Grande Heritage Area.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

    (a) Establishment.--There is hereby established the Northern Rio 
Grande National Heritage Area in the State of New Mexico.
    (b) Boundaries.--The heritage area shall include the counties of 
Santa Fe, Rio Arriba, and Taos in the State of New Mexico.
    (c) Management Entity.--
            (1) In general.--The Northern Rio Grande National Heritage 
        Area, Inc., a nonprofit corporation chartered in the State of 
        New Mexico, shall serve as the management entity for the 
        heritage area.
            (2) Board of directors.--The board of directors for the 
        management entity shall include representatives of the State of 
        New Mexico, the counties of Santa Fe, Rio Arriba and Taos, 
        tribes and pueblos within the heritage area, the cities of 
        Santa Fe, Espanola and Taos, and members of the general public. 
        The number of board members representing State, local, and 
        tribal governments and interested communities shall be 
        established to ensure that all parties have appropriate 
        representation on the board.

SEC. 5. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the management entity shall develop and 
        forward to the Secretary a management plan for the heritage 
        area.
            (2) Cooperation.--The management entity shall develop the 
        management plan in cooperation with affected communities and 
        tribal and local governments and shall provide for public 
        involvement in the development and implementation of the 
        management plan.
            (3) Contents.--The management plan shall, at a minimum__
                    (A) provide recommendations for the conservation, 
                funding, management, and development of the resources 
                of the heritage area;
                    (B) identify sources of funding;
                    (C) include an inventory of the cultural, 
                historical, archaeological, natural, and recreational 
                resources of the heritage area;
                    (D) provide recommendations for educational and 
                interpretive programs to inform the public about the 
                resources of the heritage area; and
                    (E) provide an analysis of ways in which Federal, 
                State, local, and tribal programs may best be 
                coordinated to promote the purposes of this Act.
            (4) Affect of failure to submit management plan.--If the 
        management entity fails to submit a management plan to the 
        Secretary as provided in paragraph (1), the heritage area shall 
        no longer be eligible to receive Federal funding under this Act 
        until such time as a plan is submitted to the Secretary.
            (5) Approval or disapproval of management plan.--
                    (A) Deadline.--The Secretary shall approve or 
                disapprove the management plan not later than 90 days 
                after the date of submission to the Secretary.
                    (B) Reasons for disapproval and recommendations for 
                revisions.--If the Secretary disapproves the management 
                plan, the Secretary shall advise the management entity, 
                in writing, of the reasons therefor and shall make 
                recommendations for revisions to the plan.
            (6) Review and revision of management plan.--The management 
        entity shall periodically review the management plan and submit 
        to the Secretary any recommendations for proposed revisions to 
        the management plan. Any major revisions to the management plan 
        must be approved by the Secretary.
    (b) Authority.--The management entity may make grants and provide 
technical assistance to tribal and local governments and other public 
and private entities to carry out the management plan.
    (c) Duties.--The management entity shall--
            (1) give priority in implementing actions set forth in the 
        management plan;
            (2) coordinate with tribal and local governments to better 
        enable then to adopt land use policies consistent with the 
        goals of the management plan;
            (3) encourage by appropriate means economic viability in 
        the heritage area consistent with the goals of the management 
        plan; and
            (4) assist tribal and tribal governments and nonprofit 
        organizations in--
                    (A) establishing and maintaining interpretive 
                exhibits in the heritage area;
                    (B) developing recreational resources in the 
                heritage area;
                    (C) increasing public awareness of, and 
                appreciation for, the cultural, historical, 
                archaeological, and natural resources and sites in the 
                heritage area;
                    (D) the restoration of historic structures related 
                to the heritage area; and
                    (E) carrying out other actions that the management 
                entity determines appropriate to fulfill the purposes 
                of this Act.
    (d) Prohibition on Acquiring Real Property.--The management entity 
may not use Federal funds received under this Act to acquire real 
property or any interest in real property.
    (e) Public Meetings.--The management entity shall hold public 
meetings at least annually regarding the implementation of the 
management plan.
    (f) Annual Reports and Audits.--
            (1) Annual reports.--For any year in which the management 
        entity receives Federal funds under this Act, the management 
        entity shall submit an annual report to the Secretary setting 
        forth accomplishments, expenses and income, and each entity to 
        which any grant was made by the management entity.
            (2) Audits.--The management entity shall make available to 
        the Secretary for audit all records relating to the expenditure 
        of Federal funds and any matching funds. The management entity 
        shall also require, with respect to all agreements authorizing 
        expenditure of Federal funds by other organizations, that the 
        receiving organization make available to the Secretary for 
        audit all records concerning the expenditure of those funds.

SEC. 6. DUTIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--The Secretary may, upon 
request of the management entity, provide technical and financial 
assistance to develop and implement the management plan.
    (b) Priority.--In providing assistance under subsection (a), the 
Secretary shall give priority to actions that facilitate--
            (1) the conservation of the significant natural, cultural, 
        historical, archaeological, scenic, and recreational resources 
        of the heritage area; and
            (2) the provision of educational, interpretive, and 
        recreational opportunities that are consistent with the 
        resources and associated values of the heritage area.

SEC. 7. SAVINGS PROVISIONS.

    (a) No Effect on Private Property.--Nothing in this Act shall be 
construed--
            (1) to modify, enlarge, or diminish any authority of 
        Federal, State,tribal, or local governments to regulate any use 
        of privately owned lands; or
            (2) to grant the management entity any authority to 
        regulate the use of privately owned lands.
    (b) Tribal Lands.--Nothing in this Act shall be construed to 
restrict or limit an Indian tribe from protecting cultural or religious 
sites on tribal lands.
    (c) Authority of Governments.--Nothing in this Act shall be 
construed--
            (1) to modify, enlarge, or diminish any authority of 
        Federal, State, tribal, or local governments to manage or 
        regulate any use of land as provided for by law or regulation; 
        or
            (2) to authorize the management entity to assume any 
        management authorities over such lands.
    (d) Trust Responsibilities.--Nothing in this Act shall be construed 
to diminish the Federal Government's trust responsibilities or 
government-to-government obligations to any federally recognized Indian 
tribe.

SEC. 8. SUNSET.

    The Secretary may not make any grant or provide any financial 
assistance under this Act after September 30, 2017.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $10,000,000 to carry out 
this Act. Not more than $1,000,000 may be appropriated for any fiscal 
year. The Federal share of the costs for any activity funded under this 
Act shall not exceed 50 percent.
                                 <all>