[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 443 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 443

 To establish the Sangre de Cristo National Heritage Area in the State 
                  of Colorado, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2007

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

_______________________________________________________________________

                                 A BILL


 
 To establish the Sangre de Cristo National Heritage Area in the State 
                  of Colorado, 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 ``Sangre de Cristo National Heritage 
Area Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the exceptional culture, the rich natural resources, 
        the variety of recreational opportunities, and the unparalleled 
        history of the San Luis Valley are of national significance and 
        are deserving of recognition, conservation, interpretation, and 
        continuing use;
            (2) the people of the San Luis Valley have, for centuries, 
        found ways to cultivate and preserve their cultural and natural 
        heritage;
            (3) the efforts of the peoples of Conejos, Costilla, and 
        Alamosa Counties to form the Sangre de Cristo National Heritage 
        Area reinforce this tradition of stewardship;
            (4) the Sangre de Cristo National Heritage Area contains 
        historic structures and land that were central to the 
        development of the West, including Mexican land grants, the 
        narrow gauge railroad now known as the ``Cumbres and Toltec 
        Scenic Railroad'', and Fort Garland;
            (5) the Sangre de Cristo National Heritage Area is a 
        nationally significant cradle of Hispano culture;
            (6) the language, art, architecture, religion, tradition, 
        and folklore of Native Americans, early Spanish colonists, and 
        Mexican settlers of the Southwest are alive and thriving in the 
        area, as exemplified in that--
                    (A) 17th century Spanish is still spoken by about 
                35 percent of the population of the Sangre de Cristo 
                region;
                    (B) the towns of San Luis and Antonito, which are 
                among the oldest settlements in Colorado--
                            (i) still contain moradas, placitas, 
                        historic churches, murals, the first mercantile 
                        of the region, the first water right, and La 
                        Vega; and
                            (ii) regularly host festivals and religious 
                        celebrations, including the centuries old 
                        procession of Los Hermanos Penitentes; and
                    (C) the Sangre de Cristo National Heritage Area, 
                inhabited for over 11,000 years by native peoples, 
                including the Ute, Navajo, Apache, Tiwa, Tewa, 
                Comanche, Kiowa, and Arapaho, remains central to native 
                cultures and is home to--
                            (i) Mount Blanca, or Sisnaajini, a sacred 
                        mountain for the Navajo and other peoples that 
                        marks the eastern boundary of their world; and
                            (ii) petroglyphs and pictographs along the 
                        Rio Grande, telling the stories and cosmologies 
                        of early inhabitants;
            (7) the Sangre de Cristo National Heritage Area, flanked by 
        the San Juan and the Sangre de Cristo Mountains, lies in 1 of 
        the largest alpine valleys in North America and is home to an 
        unparalleled combination of natural resources that are 
        protected by the good stewardship of private landowners and by 
        State and Federal landholdings, including--
                    (A) the Great Sand Dunes National Park and 
                Preserve;
                    (B) the Great Sand Dunes Wilderness Area;
                    (C) the Baca National Wildlife Refuge, the Monte 
                Vista National Wildlife Refuge, and the Alamosa 
                National Wildlife Refuge;
                    (D) the Rio Grande National Forest;
                    (E) the Sangre de Cristo Wilderness and the San 
                Juan Wilderness;
                    (F) the Blanca Wetlands Complex, the Blanca Special 
                Recreation Management Area, and the Rio Grande Special 
                Recreation Area;
                    (G) the San Luis Lakes State Park; and
                    (H) 15 State Wildlife Areas, consisting of--
                            (i) the Higel State Wildlife Area;
                            (ii) the Playa Blanca State Wildlife Area;
                            (iii) the San Luis Lakes State Wildlife 
                        Area;
                            (iv) the Conejos County Ponds State 
                        Wildlife Area;
                            (v) the Conejos River State Wildlife Area;
                            (vi) the Hot Creek State Wildlife Area;
                            (vii) the La Jara Reservoir State Wildlife 
                        Area;
                            (viii) the La Jara State Wildlife Area;
                            (ix) the Poso State Wildlife Area;
                            (x) the Sego Springs State Wildlife Area;
                            (xi) the Terrace Reservoir State Wildlife 
                        Area;
                            (xii) the Trujillo Meadows State Wildlife 
                        Area;
                            (xiii) the Mountain Home Reservoir State 
                        Wildlife Area;
                            (xiv) the Sanchez Reservoir State Wildlife 
                        Area; and
                            (xv) the Smith Reservoir State Wildlife 
                        Area.
    (b) Purposes.--The purpose of this Act is to establish the Heritage 
Area--
            (1) to carry out the national heritage area alternative as 
        described in the document entitled ``Sangre de Cristo National 
        Heritage Area Feasibility Study, 2005'', dated November, 2005;
            (2) to provide a management framework to foster a close 
        working relationship with all levels of government, the private 
        sector, and the local communities in the San Luis Valley to--
                    (A) conserve the heritage of the region; and
                    (B) continue to pursue compatible economic 
                opportunities; and
            (3) to assist communities, organizations, and citizens in 
        the State of Colorado in identifying, preserving, interpreting, 
        and developing the historical, cultural, scenic, and natural 
        resources of the region for the educational and inspirational 
        benefit of current and future generations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Sangre de Cristo National Heritage Area, established in section 
        4(a).
            (2) Management entity.--The term ``Management Entity'' 
        means the management entity for the Heritage Area designated by 
        section 4(d).
            (3) Management plan.--The term ``Management Plan'' means 
        the management plan for the Heritage Area required section 6.
            (4) Map.--The term ``map'' means the map entitled 
        ``Proposed Sangre De Cristo National Heritage Area'' and dated 
        November 2005.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Colorado.

SEC. 4. SANGRE DE CRISTO NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the Sangre de 
Cristo National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of--
            (1) the counties of Alamosa, Conejos, and Costilla; and
            (2) the Monte Vista National Wildlife Refuge, the Baca 
        National Wildlife Refuge, the Great Sand Dunes National Park 
        and Preserve, and other areas included in the map.
    (c) Map.--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) Management Entity.--
            (1) In general.--The management entity for the Heritage 
        Area shall be the Sangre de Cristo National Heritage Area Board 
        of Directors.
            (2) Membership requirements.--Members of the Board shall 
        include representatives from a broad cross-section 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.

SEC. 5. ADMINISTRATION.

    (a) Authorities.--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, and heritage programming;
            (4) obtain money or services from any source including any 
        that are provided under any other Federal law or program;
            (5) contract for goods or services; and
            (6) undertake to be a catalyst for any other activity that 
        furthers the Heritage Area and is consistent with the approved 
        management plan.
    (b) Duties.--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, regional planning 
        organizations, and nonprofit organizations in carrying out the 
        approved management plan by--
                    (A) carrying out programs and projects that 
                recognize, protect, and enhance important resource 
                values in the Heritage Area;
                    (B) establishing and maintaining interpretive 
                exhibits and programs in the Heritage Area;
                    (C) developing recreational and educational 
                opportunities in the Heritage Area;
                    (D) increasing public awareness of, and 
                appreciation for, natural, historical, scenic, and 
                cultural 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; and
                    (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the Heritage Area;
            (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 that Federal funds have been received 
        under this Act--
                    (A) submit an annual report to the Secretary 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 funds and 
                any matching funds;
                    (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.
    (c) Prohibition on the Acquisition of Real Property.--The 
management entity shall not use Federal funds made available under this 
Act to acquire real property or any interest in real property.
    (d) Cost-Sharing Requirement.--
            (1) In general.--Except as provided in subsection (b), the 
        Federal share of the cost of any activity carried out using any 
        assistance made available under this Act shall be 50 percent.
            (2) Exception.--During the period before the management 
        entity completes the management plan under section 6, the 
        Federal share of the cost of any activity described in 
        paragraph 1 may be 100 percent.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the management entity shall submit to the Secretary for 
approval a proposed management plan for the Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) incorporate an integrated and cooperative approach for 
        the protection, enhancement, and interpretation of the natural, 
        cultural, historic, scenic, and recreational 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 4(b); and
                            (ii) any other property in the core area 
                        that--
                                    (I) is related to the themes of the 
                                Heritage Area; and
                                    (II) should be preserved, restored, 
                                managed, or maintained because of the 
                                significance of the property;
                    (B) comprehensive policies, strategies and 
                recommendations for conservation, funding, management, 
                and development of the Heritage Area;
                    (C) a description of actions that governments, 
                private organizations, and individuals have agreed to 
                take to protect the natural, historical and cultural 
                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 
                        collaboration among partners to--
                                    (I) promote plans for resource 
                                protection, 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) analysis and recommendations for means by which 
                local, State, and Federal 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 natural, historical, cultural, 
        educational, scenic, and recreational resources of the Heritage 
        Area.
    (c) Deadline.--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 that the Secretary 
receives and approves the management plan.
    (d) Approval or Disapproval of Management Plan.--
            (1) In general.--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) Criteria for approval.--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 historic resource protection 
                organizations, educational institutions, businesses, 
                and recreational 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) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                historical, and cultural resources of the Heritage 
                Area.
            (3) Action following disapproval.--If 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) Amendments.--
                    (A) In general.--The Secretary shall approve or 
                disapprove each amendment to the management plan that 
                the Secretary determines make a substantial change to 
                the management plan.
                    (B) Use of funds.--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.

SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES.

    Any Federal agency conducting or supporting an activity that 
directly affects the Heritage Area 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.

SEC. 8. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act--
            (1) requires any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to the 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) Liability.--Designation of the Heritage Area shall not impose 
any liability on, or to 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 Use.--Nothing in this 
Act modifies the authority of the Federal Government or State or local 
governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing 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.
    (e) Effect of Establishment.--
            (1) In general.--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) Regulatory authority.--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, 
        or the management entity.

SEC. 9. WATER RIGHTS.

    (a) Statement of Policy.--Nothing in this Act is meant to modify 
the Rio Grande Natural Area Act.
    (b) Applicability.--Nothing in this Act--
            (1) amends, modifies, or is in conflict with the Act of May 
        31, 1939 (53 Stat. 785, chapter 155);
            (2) authorizes the regulation of private land in the 
        Heritage Area;
            (3) authorizes the imposition of any mandatory streamflow 
        requirements;
            (4) creates an express or implied Federal reserved water 
        right;
            (5) imposes any Federal water quality standard within or 
        upstream of the Heritage Area that is more restrictive than 
        would be applicable had the Heritage Area not been established; 
        or
            (6) prevents the State of Colorado from acquiring an 
        instream flow through the Heritage Area under the terms, 
        conditions, and limitations of State law to assist in 
        protecting the natural environment to the extent and for the 
        purposes authorized by State law.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$10,000,000, of which not more than $1,000,000 may be made available 
for any fiscal year.

SEC. 11. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this Act 
terminates on the date that is 15 years after the date that funds are 
first made available to carry out this Act.
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