[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 63 Reported in Senate (RS)]






                                                         Calendar No. 8
109th CONGRESS
  1st Session
                                 S. 63

                           [Report No. 109-1]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

 Mr. Bingaman (for himself and Mr. Domenici) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           February 16, 2005

               Reported by Mr. Domenici, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) northern New Mexico encompasses a mosaic of cultures 
        and history, including eight 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; and
            (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) the term ``heritage area'' means the Northern Rio 
        Grande National Heritage Area; and
            (2) 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.
    (c) Management Entity.--
            (1) The Northern Rio Grande National Heritage Area, Inc., a 
        non-profit corporation chartered in the State of New Mexico, 
        shall serve as the management entity for the heritage area.
            (2) 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 total number of 
        Board members and the number of Directors 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) 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) The management entity shall develop and implement the 
        management plan in cooperation with affected communities, 
        tribal and local governments and shall provide for public 
        involvement in the development and implementation of the 
        management plan.
            (3) 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) include an analysis of ways in which local, 
                State, Federal, and tribal programs may best be 
                coordinated to promote the purposes of this Act.
            (4) If the management entity fails to submit a management 
        plan to the <DELETED>secretary</DELETED> 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) The Secretary shall approve or disapprove the 
        management plan within 90 days after the date of submission. If 
        the Secretary disapproves the management plan, the Secretary 
        shall advise the management entity in writing of the reasons 
        therefore and shall make recommendations for revisions to the 
        plan.
            (6) 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 them 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 local and tribal governments and non-profit 
        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 sits 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, consistent with the management plan.
    (d) Prohibition on Acquiring Real Property.--The management entity 
may not use Federal funds received under this Act to acquire real 
property or an 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) 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) 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, for 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 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, 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 restrict or limit a 
tribe from protecting cultural or religious sites on tribal lands.
    (c) Authority of Governments.--Nothing in this Act shall--
            (1) 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) authorize the management entity to assume any 
        management authorities over such lands.
    (d) Trust Responsibilities.--Nothing in this Act shall diminish the 
Federal Government's trust responsibilities or government-to-government 
obligations to any federally recognized Indian tribe.

SEC. 8. SUNSET.

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

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $10,000,000, of which not more than $1,000,000 may be 
authorized to be appropriated for any fiscal year.
    (b) Cost-Sharing Requirement.--The Federal share of the total cost 
of any activity assisted under this Act shall be not more than 50 
percent.
                                                         Calendar No. 8

109th CONGRESS

  1st Session

                                 S. 63

                           [Report No. 109-1]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           February 16, 2005

                        Reported with amendments