[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3335 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3335

   To establish the South Park National Heritage Area, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2007

 Mr. Lamborn introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To establish the South Park National Heritage Area, 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``South Park 
National Heritage Area Act''.
    (b) Findings.--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 agrarian landscape, culture, and historic resources 
        of South Park assist citizens in experiencing how native 
        peoples, early explorers, trappers, miners, ranchers, and 
        settlers lived on the frontiers of the United States;
            (7) 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) reenforced the democratic traditions of the 
                United States;
            (8) the average elevation of South Park exceeds 9,000 feet 
        and ranks among the highest basins in North America;
            (9) native peoples have inhabited the landscape of South 
        Park for 10,000 years;
            (10) 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;
            (11) in addition to high summits, pristine stream 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, 
                Canadian lynx and greenback cut-throat 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 
                then 14,000 feet above sea level;
            (12) the South Park National Heritage Area offers 
        outstanding recreational opportunities for hiking, fishing, 
        camping, climbing, sightseeing, hunting, wildlife viewing, and 
        off-highway vehicle use;
            (13) the South Park National Heritage Area contains 
        buildings, structures, sites, and stories that preserve and 
        interpret the frontier heritage of the United States;
            (14) the globally rare grassland of the valley floor of 
        South Park, composed primarily of Arizona fescue and slimstem 
        muhly, is the largest documented natural montane grassland 
        community of that type.

SEC. 2. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        South Park National Heritage Area established by section 4.
            (2) Board.--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.
            (3) Management Entity-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.
            (4) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area specified in section 
        5(b).
            (5) Partner.--The term ``partner'' means--
                    (A) a Federal, State, or local governmental entity; 
                and
                    (B) an organization, private industry, or 
                individual involved in promoting the historical, 
                cultural, and recreational resources of the Heritage 
                Area.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Participating locality.--The term ``participating 
        locality'' means a unit of local government which has formally 
        requested to be included in the Heritage Area, and has sent 
        notification of such pursuant to section 5(c)(1)(D).

SEC. 3. PURPOSE.

    The purpose of the Heritage Area are--
            (1) to support, and interpret the legacy of the history of 
        the United States created along the Heritage Area;
            (2) to promote heritage, cultural, and recreational tourism 
        and to develop educational and cultural programs for visitors 
        and the general public;
            (3) to promote the conservation, interpretation and 
        continuing use of the heritage resources of South Park.
            (4) to assist the State of Colorado and its units of local 
        government, the private sector, and area citizens in 
        supporting, enhancing, and interpreting the significant 
        natural, historic, cultural, and recreational sites in the 
        Heritage Area.

SEC. 4. SOUTH PARK NATIONAL HERITAGE AREA.

    (a) Establishment.--There is hereby established the South Park 
National Heritage Area.
    (b) Region Eligible for Inclusion in the Heritage Area.--The 
Heritage Area shall consist of the areas included in the map.
    (c) Map.--
            (1) In general.--A map of the Heritage Area shall be--
                    (A) included in the management plan; and
                    (B) on file and available for public inspection in 
                the appropriate offices of the National Park Service 
                and on the website the National Park Service.
            (2) Publication.--As soon as practical after the date of 
        the enactment of this Act, the Secretary shall publish in the 
        Federal Register a detailed description and map of the 
        participating localities established under this subsection.
            (3) Management entity.--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.

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

    (a) Authorities of the Management Entity.--
            (1) Authority to accept funds.--The management entity may 
        accept funds from any non-Federal source, including States and 
        their political subdivisions, private organizations, nonprofit 
        organizations, or any other person, to carry out its duties 
        under this Act.
            (2) Use of funds.--The management entity may use funds to 
        prepare, update, and implement the management plan developed 
        under subsection (b). The management entity may not make grants 
        to States or their political subdivisions. The management 
        entity may use funds for other purposes, including the 
        following:
                    (A) Making grants to, and entering into cooperative 
                agreements with, private organizations, non profit 
                organizations, or any other private individual.
                    (B) Hiring and compensating staff.
                    (C) Entering into contracts for goods and services 
                related to the production of maps, brochures, and other 
                educational and promotional materials.
            (3) Meetings.--All meetings conducted by the management 
        entity shall be open to the public and minutes of each meeting 
        shall be made available to the public.
    (b) Management Plan.--The management entity shall develop a 
management plan for the Heritage Area that--
            (1) presents comprehensive strategies and recommendations 
        for promoting tourism within the Heritage Area and educating 
        the public about the natural significance of the Heritage Area;
            (2) takes into consideration existing State, county, and 
        local plans and involves residents, public agencies, and 
        private organizations working in the Heritage Area;
            (3) specifies the existing and potential sources of funding 
        to promote tourism within the Heritage Area;
            (4) includes an analysis of ways in which local, State, and 
        Federal programs can be best coordinated to promote the 
        purposes of this Act, including recommendations to the State of 
        Colorado and the subdivisions thereof for the promotion, 
        support, and interpretation of the natural, cultural, and 
        historical resources of the Heritage Area;
            (5) includes locations for visitor contact;
            (6) includes recommendations to pursue development of 
        compatible economic opportunities and heritage products;
            (7) 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;
            (8) ensure that the management plan, when implemented, 
        would not interfere with the property rights, which includes 
        any land use restrictions, of those living within the Heritage 
        Area.
            (9) includes recommendations for the development of 
        educational outreach programs for students of all ages to 
        further the understanding of the vast resources within the 
        Heritage Area.
    (c) Deadline; Termination of Assistance.--
            (1) Deadline.--The management entity shall submit the 
        management plan to the Secretary not later than 2 years after 
        the enactment of this Act. Prior to submitting the draft plan 
        to the Secretary, the management entity shall ensure that--
                    (A) the State of Colorado and any political 
                subdivision thereof that would be affected by the plan, 
                receive a copy of the draft plan;
                    (B) adequate notice of availability of the draft 
                plan is provided through publication in the appropriate 
                local newspapers in the area of the Heritage Area;
                    (C) at least one public hearing conducted by the 
                management entity in each county that is included in 
                the region of potential inclusion of the Heritage Area;
                    (D) each residential and commercial property owner 
                within a participating locality has been notified, via 
                United States Postal Service first class letter, by the 
                local unit of government requesting inclusion in the 
                Heritage Area; and
                    (E) the Park County Tourism & Community 
                Development Office and the South Park National Heritage 
                Area Board of Directors.
            (2) Termination of assistance.--If a management plan is not 
        submitted to the Secretary in accordance with this subsection, 
        the Secretary shall not, after that date, provide any 
        assistance under this Act with respect to the Heritage Area 
        until such management plan for the Heritage Area is submitted 
        to the Secretary.
    (d) Duties of the Management Entity.--The management entity shall--
            (1) give priority to implementing actions set forth in the 
        management plan;
            (2) assist units of government and nonprofit organizations 
        in--
                    (A) establishing and maintaining interpretive 
                materials and exhibits in the Heritage Area;
                    (B) developing historical, cultural, natural, and 
                educational programs in the Heritage Area;
                    (C) increasing public awareness of and appreciation 
                for the natural, historical, and architectural 
                resources and sites in the Heritage Area;
                    (D) restoring any historic building relating to the 
                themes of the Heritage Area; and
                    (E) ensuring that clear signs identifying access 
                points and sites of interest are placed throughout the 
                Heritage Area; and
                    (F) consider the interests of diverse governmental, 
                business, and nonprofit groups within the Heritage 
                Area.
    (e) Consequences of Noncompliance.--If the management entity does 
not comply with the provisions of this Act, it shall cease to be the 
management entity and its authority shall not be recognized, nor shall 
its management plan or any other work product be used, to implement 
this Act.

SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical Assistance.--
            (1) In general.--The Secretary may, upon the request of the 
        management entity and subject to the availability of resources, 
        provide technical assistance to the management entity to carry 
        out its duties under this Act, including updating and 
        implementing the management plan that is submitted under 
        section 5(b) and approved by the Secretary and, prior to such 
        approval, providing assistance for initiatives.
            (2) Priority.--In assisting the management entity, the 
        Secretary shall give priority to actions that assist in the--
                    (A) creation of the management plan;
                    (B) provision of educational assistance and advice 
                regarding promotion of the Heritage Area; and
                    (C) design and fabrication of a wide range of 
                interpretive materials based on the management plan, 
                such as guide brochures, visitor displays, audio-
                visual, books, interpretive dialogues, interactive 
                exhibits, and educational curriculum materials for 
                public education.
    (b) Approval and Disapproval of Management Plans.--The Secretary, 
in consultation with the Governor of Colorado shall approve or 
disapprove a management plan submitted under this Act not later than 
180 days after receiving such plan. In approving the plan, the 
Secretary shall take into consideration the following criteria:
            (1) The extent to which the management plan, when 
        implemented, would support and promote the significant 
        historical, natural, cultural, and recreational resources of 
        the Heritage Area.
            (2) The level of public participation in the development of 
        the management plan.
            (3) The extent to which the Park County Tourism & 
        Community Development Office and the South Park National 
        Heritage Area Board of Directors is representative of the local 
        governments affected and a wide range of interested 
        organizations and citizens.
    (c) Action Following Disapproval.--If the Secretary disapproves a 
management plan, the Secretary shall advise the management entity in 
writing of the reason(s) for disapproval and shall make recommendations 
for revisions in the management plan. The Secretary shall approve or 
disapprove a proposed revision not later than 90 days after the date it 
is submitted.
    (d) Approving Changes.--Amendments to the approved management plan 
for the Heritage Area that make substantial changes shall not be 
effective until approved by the Secretary under the same time line as 
the management plan was approved.

SEC. 7. SUNSET.

    The Secretary may not provide any assistance under this Act after 
the expiration of the 10-year period beginning on the date of the 
enactment of this Act.

SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved or promoted under the 
management plan for the Heritage Area until the owner of that private 
property has--
            (1) been notified in writing by the management entity; and
            (2) given written consent to the management entity for such 
        preservation or promotion.
    (b) Landowner Withdrawal.--Any owner of private property included 
within the boundary of the Heritage Area shall have their property 
immediately removed from the boundary by submitting a written request 
to the management entity.
    (c) Change of Ownership.--If private property included within the 
boundary of the Heritage Area has been excluded from the Heritage Area 
or has not been preserved or promoted under the management plan for the 
Heritage Area because the owner has not given or has withdrawn consent, 
upon change of ownership of that private property, the management 
entity may request consent from the new owners.

SEC. 9. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be 
construed to--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property; or
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
    (a) Liability.--Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    (b) Recognition of Authority to Control Land Use.--Nothing in this 
Act shall be construed to modify the authority of Federal, State, or 
local governments to regulate land use.
    (c) Compensation for Lost Use.--If a local governmental entity 
within the boundaries of the Heritage Area promulgates new land use 
regulations following the date of the enactment of this Act that 
restrict the use of private property, or any interest therein, thereby 
reducing the value of the property, then management entity shall pay 
the owner of the property just compensation in an amount no less than 
the fair market value of the lost use as of the date that the owner 
makes written request for compensation. The management entity shall 
compensate the property owner not later than 180 day after receiving 
the property owner's written request for compensation.
    (d) Fundamental Rule for Computation of Compensation.--Compensation 
due to the owner of a restricted property is the monetary sum which 
makes the owner whole as a practical matter, by placing the owner in a 
financial position after the land use regulations are implemented which 
is equivalent to the owner"s financial position before the taking. The 
computation of compensation shall be construed liberally for the 
benefit of the owner in order to effectuate its remedial purpose.
    (e) Subsidiary Rules for Computation.--The following rules for 
computation are to inform application of the fundamental rule of 
subsection (d), and shall be construed consistent with its remedial 
purpose:
            (1) Fair market value.--Subject to exceptions stated herein 
        or necessary to the fundamental rule of subsection (d), just 
        compensation includes the fair market value of the property the 
        day of enactment of the land use regulations or the first day 
        of a governmental hearing on the issue of compensation, 
        whichever is earlier.
            (2) Changes in value caused by the heritage area.--
        Compensation shall be computed without regard to any decreases 
        in value resulting from public awareness of the Heritage Area, 
        management plan, or land use regulations, regardless of whether 
        the management plan has been finalized, authorized, or funded. 
        In order to have such decreases disregarded in the computation 
        of just compensation, the owner need not prove any specific 
        intent to devalue by Federal or State actors or the management 
        entity, but only that the management plan affected the real 
        estate market or land use regulatory decisions affecting the 
        property.
            (3) Business losses.--If land use regulations damages a 
        business within the Heritage Area, the business owner shall be 
        entitled to recover actual and projected lost profits resulting 
        from the land use regulations and any moving costs that may 
        occur.
            (4) Farm income.--Compensation shall also include the 
        present value of any actual and projected loss of farm income 
        resulting from land use regulations.
            (5) Attorneys fees and other costs.--Compensation includes 
        the owner's attorneys fees and all costs, including those for 
        independent appraisals and other reports incurred by the 
        property owner which were reasonably necessary to ascertaining 
        and vindicating the property owner's rights.
    (f) Failure to Comply.--Any local governmental entity that fails to 
comply with subsection (d) shall not be eligible to participate in the 
Heritage Area and shall be barred from receiving any Federal funds for 
a period of 3 years.
    (g) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any 
private property located within the boundaries of the Heritage Area to 
participate in or be associated with the Heritage Area.
    (h) Effect of Establishment.--The boundaries designated for the 
Heritage Area represent the area within which specific, eligible 
localities have been included in the area. The establishment of the 
Heritage Area and its boundaries shall not be construed to provide any 
non-existing regulatory authority on land use within the Heritage Area 
or its viewshed by the Secretary, the National Park Service, or the 
management entity.
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