1.This Act may be cited as
the South Park National Heritage Area
Act
.
2.
(a)Congress
finds that—
(1)the rich natural
resources, the variety of recreational opportunities, the cultural legacy, and
the unparalleled history of South Park, Colorado, are of national importance
and are deserving of recognition, conservation, interpretation, and continuing
use;
(2)the people of
South Park respect, protect and defend the rights and desires of private
property owners, and support the power and right of individuals to shape their
own destiny;
(3)the South Park
National Heritage Area builds upon existing local initiatives to spur economic
development while conserving, preserving and interpreting the resources on
which the local economy depends;
(4)in 1997 the
Governor of Colorado designated South Park as Colorado’s second State Heritage
Area;
(5)in 2006 the
President of the United States recognized and designated South Park as a
Preserve America Community that protects and celebrates its heritage, uses its
historic assets for economic development and community revitalization, and
encourages people to experience and appreciate local historic resources through
education and heritage tourism programs;
(6)the Federal,
State, and local governments, organizations, and residents of South Park
broadly support the establishment of a national heritage area to coordinate and
assist in the conservation, interpretation, and continuing use of the heritage
resources of South Park;
(7)the agrarian
landscape, culture, and historical resources of South Park assist citizens in
experiencing how native peoples, early explorers, trappers, miners, ranchers,
and settlers lived on the frontier of the United States;
(8)the ideals of
self governance and individualism of the United States gave rise to laws
that—
(A)were developed
within the remote landscape of South Park;
(B)were among the
first legislative initiatives of the western settlers; and
(C)reinforced the
democratic traditions of the United States;
(9)the average
elevation of South Park exceeds 9,000 feet and ranks among the highest basins
in North America;
(10)native peoples
have inhabited the landscape of South Park for over 10,000 years;
(11)Porcupine Cave
and its wealth of animal fossils, including a now-extinct North American
cheetah, is one of the most important paleontological sites for the study of
Ice Age vertebrates in the world, and contains the richest and most diverse
vertebrate fauna known from the middle Pleistocene on the North American
continent;
(12)in addition to
high summits, pristine streams, and open prairies, the unmatched landscape of
the Heritage Area also contains—
(A)portions of the
Lost Creek Wilderness and Buffalo Peaks Wilderness Areas, featuring
disappearing streams, ancient pine trees, globally rare plants, and
State-endangered boreal toads;
(B)the Lost Creek
National Natural Landmark, characterized by stunning rock spires and pinnacles,
narrow ridges, steep narrow gorges, and a stream that disappears and reappears
at the surface at least nine times;
(C)National Forest
System lands that are home to the federally-threatened Penland alpine fen
mustard, Canada lynx and greenback cutthroat trout;
(D)12 State wildlife
areas that protect large herds of elk, deer, pronghorn antelope; and many other
species;
(E)45 miles of
Gold Medal
trout water that provide world-class trout fishing
opportunities;
(F)nationally rare
and unusual high-altitude wetlands known as extreme rich fens; and
(G)4 majestic
mountain peaks that stand higher than 14,000 feet above sea level;
(13)the South Park
National Heritage Area offers outstanding recreational opportunities for
hiking, fishing, camping, climbing, sightseeing, hunting, wildlife viewing, and
off-highway vehicle use; and
(14)the South Park
National Heritage Area contains buildings, structures, sites, and stories that
preserve and interpret the frontier heritage of the United States,
including—
(A)the Salt Works
Ranch, Colorado Salt Works, EM Ranch, Buckley Ranch, Wahl Ranch, Jefferson
Depot, Como Depot, Como Roundhouse, Como Hotel, Como School, Boreas Pass
Railroad Station, Summer Saloon, South Park Brewery, Park County Courthouse,
South Park Community Church, and Tarryall School, each of which is listed in
the National Register of Historic Places;
(B)the Colorado
Midland Railroad, the Denver, South Park & Pacific Railroad, and their
associated stations, depots, and passes;
(C)the Paris Mill
and Snowstorm Dredge, which are among the last intact structures of their type
in the United States, and are included on Colorado’s most endangered
places
list;
(D)the Present Help
Mine which, being located at an elevation of 14,157 feet, qualifies as the
highest gold mine ever to operate in the United States; and
(E)the highest
incorporated town (Alma), vehicular mountain pass (Mosquito), and cattle
ranches in the United States.
(b)The
purposes of this Act are to—
(1)establish the
Heritage Area in the State of Colorado;
(2)carry out the
national heritage area alternative as described in the document entitled
South Park National Heritage Area Feasibility Study,
2006
;
(3)provide a
management framework to foster an effective working relationship with all
levels of government, not for profit organizations, the private sector, and the
local communities in South Park to—
(A)preserve the
outstanding heritage of the region;
(B)develop new
heritage tourism programs, attractions and opportunities; and
(C)continue to
pursue the development of compatible economic opportunities and heritage
products; and
(4)assist
communities, organizations, and citizens in the State of Colorado in
identifying, preserving, interpreting, developing, and promoting the
historical, cultural, scenic, recreational, agricultural, and natural resources
of the region for the educational, inspirational, and economic benefit of
current and future generations.
3.Private property
rights protection
(a)Access to
Private PropertyNothing in this Act—
(1)requires any
private property owner to allow public access (including Federal, State, or
local government access) to private property; or
(2)modifies any
provision of Federal, State, or local law with regard to public access to or
use of private property.
(b)Designation
of the Heritage Area shall not impose any liability on, or have any effect on
any liability under any other law on, any private property owner with respect
to any person injured on the private property.
(c)Recognition of
Authority to Control Land UseNothing in this Act modifies,
enlarges, or diminishes the authority of the Federal Government or State or
local governments to regulate land use.
(d)Voluntary
participation of private property owners in heritage areaNothing
in this Act requires the owner of any private property located within the
boundaries of the Heritage Area to participate in or be associated with the
Heritage Area; participation by individual landowners is strictly on a
voluntary basis only.
(e)
(1)The boundaries designated for the Heritage Area shall
constitute the area within which Federal funds made available to carry out this
Act may be expended.
(2)The establishment of the Heritage Area and the
boundaries of the Heritage Area shall not provide any regulatory authority that
would not otherwise apply to govern land use within the Heritage Area or the
viewshed of the Heritage Area by the Secretary, the National Park Service, the
management entity, or any other governmental entity.
4.In this Act:
(1)The
term Board means the Board of Directors of the South Park National
Heritage Area, comprised initially of the individuals, agencies, organizations,
and governments that were involved in the planning and development of the
Heritage Area before the date of enactment of this Act.
(2)The term Heritage Area means the South Park
National Heritage Area established by section 4(a).
(3)The term management entity means the
management entity for the Heritage Area designated by section 5(d)(1).
(4)The term management plan means the management
plan for the Heritage Area required by section 7.
(5)The
term map
means the map entitled South Park National
Heritage Area Map (Proposed), dated January 30, 2006
.
(6)The
term partner means a Federal, State, or local governmental entity,
organization, private industry, educational institution, or individual involved
in the conservation, preservation, interpretation, development or promotion of
heritage sites or resources of the Heritage Area.
(7)The
term Secretary means the Secretary of the Interior.
(8)The
term State means the State of Colorado.
(9)The term technical assistance means any
guidance, advice, help, or aid, other than financial assistance, provided by
the Secretary.
5.South Park
National Heritage Area
(a)There
is established in the State the South Park National Heritage Area.
(b)The
Heritage Area shall consist of the areas included in the map.
(c)A map of the Heritage Area shall be—
(1)included in the
management plan; and
(2)on file and
available for public inspection in the appropriate offices of the National Park
Service.
(d)
(1)The management entity for the Heritage Area shall be the
Park County Tourism & Community Development Office, in conjunction with the
South Park National Heritage Area Board of Directors.
(2)Members of the Board shall include representatives
from a broad cross-section of individuals, agencies, organizations, and
governments that were involved in the planning and development of the Heritage
Area before the date of enactment of this Act.
6.
(a)Prohibition on
the Acquisition of Real PropertyThe management entity shall not
use Federal funds made available under this Act to acquire real property or any
interest in real property.
(b)For
purposes of carrying out the management plan, the Secretary, acting through the
management entity, may use amounts made available under this Act to—
(1)make grants to
the State or a political subdivision of the State, nonprofit organizations, and
other persons;
(2)enter into
cooperative agreements with, or provide technical assistance to, the State or a
political subdivision of the State, nonprofit organizations, and other
interested parties;
(3)hire and
compensate staff, which shall include individuals with expertise in natural,
cultural, and historical resources protection, fundraising, heritage facility
planning and development, and heritage tourism programming;
(4)obtain funds or
services from any source, including funds or services that are provided under
any other Federal law or program;
(5)enter into
contracts for goods or services; and
(6)to facilitate the
conduct of other projects and activities that further the Heritage Area and are
consistent with the approved management plan.
(c)The
management entity shall—
(1)in accordance
with section 6, prepare and submit a management plan for the Heritage Area to
the Secretary;
(2)assist units of
local government, local property owners and businesses, and nonprofit
organizations in carrying out the approved management plan by—
(A)carrying out
programs and projects that recognize, protect, enhance, and promote important
resource values in the Heritage Area;
(B)establishing and
maintaining interpretive exhibits and programs in the Heritage Area;
(C)developing
economic, recreational and educational opportunities in the Heritage
Area;
(D)increasing public
awareness of, and appreciation for, historical, cultural, scenic, recreational,
agricultural, and natural resources of the Heritage Area;
(E)protecting and
restoring historic sites and buildings in the Heritage Area that are consistent
with Heritage Area themes;
(F)ensuring that
clear, consistent, and appropriate signs identifying points of public access,
and sites of interest are posted throughout the Heritage Area;
(G)promoting a wide
range of partnerships among governments, organizations, and individuals to
further the Heritage Area; and
(H)planning and
developing new heritage attractions, products and services.
(3)consider the interests of diverse units of
government, businesses, organizations, and individuals in the Heritage Area in
the preparation and implementation of the management plan;
(4)conduct meetings
open to the public at least semiannually regarding the development and
implementation of the management plan;
(5)for any year for
which Federal funds have been received under this Act—
(A)submit to the
Secretary an annual report that describes the activities, expenses, and income
of the management entity (including grants to any other entities during the
year that the report is made);
(B)make available to
the Secretary for audit all records relating to the expenditure of the Federal
funds and any matching funds; and
(C)require, with
respect to all agreements authorizing expenditure of Federal funds by other
organizations, that the organizations receiving the funds make available to the
Secretary for audit all records concerning the expenditure of the funds;
and
(6)encourage by
appropriate means economic viability that is consistent with the Heritage
Area.
(d)
(1)Except as provided in paragraph (2), the Federal share of
the cost of any activity carried out using any assistance made available under
this Act shall be 50 percent.
(2)Before
the date on which the management entity completes the management plan, the
Federal share of the cost of any activity described in paragraph (1) may be 100
percent.
7.
(a)Not later than 3 years after the date of enactment of
this Act, the management entity, with public participation, shall submit to the
Secretary for approval a proposed management plan for the Heritage Area.
(b)The
management plan shall—
(1)incorporate an
integrated and cooperative approach for the protection, enhancement,
interpretation, development, and promotion of the historical, cultural, scenic,
recreational, agricultural, and natural resources of the Heritage Area;
(2)take into
consideration State and local plans;
(3)include—
(A)an inventory
of—
(i)the
resources located in the core area described in section 5(b); and
(ii)any other
eligible and participating property in the core area that—
(I)is related to the
themes of the Heritage Area; and
(II)should be
preserved, restored, managed, maintained, developed, or promoted because of the
significance of the property;
(B)comprehensive
policies, strategies, and recommendations for conservation, funding,
management, development, and promotion of the Heritage Area;
(C)a description of
actions that governments, private organizations, and individuals have agreed to
take to manage protect the historical, cultural, scenic, recreational,
agricultural, and natural resources of the Heritage Area;
(D)a program of
implementation for the management plan by the management entity that includes a
description of—
(i)actions to
facilitate ongoing and effective collaboration among partners to promote plans
for resource protection, enhancement, interpretation, restoration, and
construction; and
(ii)specific
commitments for implementation that have been made by the management entity or
any government, organization, or individual for the first 5 years of
operation;
(E)the
identification of sources of funding for carrying out the management
plan;
(F)an analysis of
and recommendations for means by which Federal, State, and local programs,
including the role of the National Park Service in the Heritage Area, may best
be coordinated to carry out this Act; and
(G)an interpretive
plan for the Heritage Area; and
(4)recommend
policies and strategies for resource management that consider and detail the
application of appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative agreements to
protect the historical, cultural, scenic, recreational, agricultural, and
natural resources of the Heritage Area.
(c)If
a proposed management plan is not submitted to the Secretary by the date that
is 3 years after the date of enactment of this Act, the management entity shall
be ineligible to receive additional funding under this Act until the date on
which the Secretary receives and approves the management plan.
(d)Approval or
disapproval of management plan
(1)Not later than 90 days after the date of receipt of the
management plan under subsection (a), the Secretary, in consultation with the
State, shall approve or disapprove the management plan.
(2)In determining whether to approve the management plan,
the Secretary shall consider whether—
(A)the management
entity is representative of the diverse interests of the Heritage Area,
including governments, natural and historical resource protection
organizations, educational institutions, local businesses and industries,
community organizations, recreational organizations, and tourism
organizations;
(B)the management
entity has afforded adequate opportunity, including public hearings, for public
and governmental involvement in the preparation of the management plan;
and
(C)strategies
contained in the management plan, if implemented, would adequately balance the
voluntary protection, development, and interpretation of the natural,
historical, cultural, scenic, recreational, and agricultural resources of the
Heritage Area.
(3)Action
following disapprovalIf the
Secretary disapproves the management plan under paragraph (1), the Secretary
shall—
(A)advise the
management entity in writing of the reasons for the disapproval;
(B)make
recommendations for revisions to the management plan; and
(C)not later than 60
days after the receipt of any proposed revision of the management plan from the
management entity, approve or disapprove the proposed revision.
(4)
(A)The Secretary shall approve or disapprove each amendment
to the management plan that the Secretary determines makes a substantial change
to the management plan.
(B)The management entity shall not use Federal funds
authorized by this Act to carry out any amendments to the management plan until
the Secretary has approved the amendments.
8.Duties of other
Federal agenciesAny Federal
agency conducting or supporting an activity that directly affects the Heritage
Area as designated by the Secretary shall—
(1)consult with the
Secretary and the management entity regarding the activity;
(2)cooperate with
the Secretary and the management entity in carrying out the duties of the
Federal agency under this Act;
(3)to the maximum
extent practicable, coordinate the activity with carrying out those duties;
and
(4)to the maximum
extent practicable, conduct the activity in a manner that the management entity
determines will not have an adverse effect on the Heritage Area.
9.Authorization of
appropriationsThere is
authorized to be appropriated to carry out this Act $6,110,000, of which not
more than $1,000,000 may be made available for any fiscal year.
10.The authority of the
Secretary to provide assistance under this Act terminates on the date that is
15 years after the date on which funds are first made available to carry out
this Act.