II Calendar No. 8 109th CONGRESS 1st Session S. 63 [Report No. 109-1] 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.

1.

Short title

This Act may be cited as the Northern Rio Grande National Heritage Area Act.

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.

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.

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.

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 secretary 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.

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.

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.

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.

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.

February 16, 2005 Reported with amendments