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






                                                       Calendar No. 368
110th CONGRESS
  1st Session
                                 S. 443

                          [Report No. 110-170]

 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

                           September 17, 2007

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Sangre de Cristo National 
Heritage Area Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the people of the San Luis Valley have, for 
        centuries, found ways to cultivate and preserve their cultural 
        and natural heritage;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) the Sangre de Cristo National Heritage Area is 
        a nationally significant cradle of Hispano culture;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) 17th century Spanish is still spoken 
                by about 35 percent of the population of the Sangre de 
                Cristo region;</DELETED>
                <DELETED>    (B) the towns of San Luis and Antonito, 
                which are among the oldest settlements in Colorado--
                </DELETED>
                        <DELETED>    (i) still contain moradas, 
                        placitas, historic churches, murals, the first 
                        mercantile of the region, the first water 
                        right, and La Vega; and</DELETED>
                        <DELETED>    (ii) regularly host festivals and 
                        religious celebrations, including the centuries 
                        old procession of Los Hermanos Penitentes; 
                        and</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) Mount Blanca, or Sisnaajini, a 
                        sacred mountain for the Navajo and other 
                        peoples that marks the eastern boundary of 
                        their world; and</DELETED>
                        <DELETED>    (ii) petroglyphs and pictographs 
                        along the Rio Grande, telling the stories and 
                        cosmologies of early inhabitants;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Great Sand Dunes National Park and 
                Preserve;</DELETED>
                <DELETED>    (B) the Great Sand Dunes Wilderness 
                Area;</DELETED>
                <DELETED>    (C) the Baca National Wildlife Refuge, the 
                Monte Vista National Wildlife Refuge, and the Alamosa 
                National Wildlife Refuge;</DELETED>
                <DELETED>    (D) the Rio Grande National 
                Forest;</DELETED>
                <DELETED>    (E) the Sangre de Cristo Wilderness and 
                the San Juan Wilderness;</DELETED>
                <DELETED>    (F) the Blanca Wetlands Complex, the 
                Blanca Special Recreation Management Area, and the Rio 
                Grande Special Recreation Area;</DELETED>
                <DELETED>    (G) the San Luis Lakes State Park; 
                and</DELETED>
                <DELETED>    (H) 15 State Wildlife Areas, consisting 
                of--</DELETED>
                        <DELETED>    (i) the Higel State Wildlife 
                        Area;</DELETED>
                        <DELETED>    (ii) the Playa Blanca State 
                        Wildlife Area;</DELETED>
                        <DELETED>    (iii) the San Luis Lakes State 
                        Wildlife Area;</DELETED>
                        <DELETED>    (iv) the Conejos County Ponds 
                        State Wildlife Area;</DELETED>
                        <DELETED>    (v) the Conejos River State 
                        Wildlife Area;</DELETED>
                        <DELETED>    (vi) the Hot Creek State Wildlife 
                        Area;</DELETED>
                        <DELETED>    (vii) the La Jara Reservoir State 
                        Wildlife Area;</DELETED>
                        <DELETED>    (viii) the La Jara State Wildlife 
                        Area;</DELETED>
                        <DELETED>    (ix) the Poso State Wildlife 
                        Area;</DELETED>
                        <DELETED>    (x) the Sego Springs State 
                        Wildlife Area;</DELETED>
                        <DELETED>    (xi) the Terrace Reservoir State 
                        Wildlife Area;</DELETED>
                        <DELETED>    (xii) the Trujillo Meadows State 
                        Wildlife Area;</DELETED>
                        <DELETED>    (xiii) the Mountain Home Reservoir 
                        State Wildlife Area;</DELETED>
                        <DELETED>    (xiv) the Sanchez Reservoir State 
                        Wildlife Area; and</DELETED>
                        <DELETED>    (xv) the Smith Reservoir State 
                        Wildlife Area.</DELETED>
<DELETED>    (b) Purposes.--The purpose of this Act is to establish the 
Heritage Area--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) conserve the heritage of the region; 
                and</DELETED>
                <DELETED>    (B) continue to pursue compatible economic 
                opportunities; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 4. SANGRE DE CRISTO NATIONAL HERITAGE AREA.</DELETED>

<DELETED>    (a) Establishment.--There is established in the State the 
Sangre de Cristo National Heritage Area.</DELETED>
<DELETED>    (b) Boundaries.--The Heritage Area shall consist of--
</DELETED>
        <DELETED>    (1) the counties of Alamosa, Conejos, and 
        Costilla; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Map.--A map of the Heritage Area shall be--</DELETED>
        <DELETED>    (1) included in the management plan; and</DELETED>
        <DELETED>    (2) on file and available for public inspection in 
        the appropriate offices of the National Park Service.</DELETED>
<DELETED>    (d) Management Entity.--</DELETED>
        <DELETED>    (1) In general.--The management entity for the 
        Heritage Area shall be the Sangre de Cristo National Heritage 
        Area Board of Directors.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. ADMINISTRATION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) make grants to the State or a political 
        subdivision of the State, nonprofit organizations, and other 
        persons;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resources protection, and heritage programming;</DELETED>
        <DELETED>    (4) obtain money or services from any source 
        including any that are provided under any other Federal law or 
        program;</DELETED>
        <DELETED>    (5) contract for goods or services; and</DELETED>
        <DELETED>    (6) undertake to be a catalyst for any other 
        activity that furthers the Heritage Area and is consistent with 
        the approved management plan.</DELETED>
<DELETED>    (b) Duties.--The management entity shall--</DELETED>
        <DELETED>    (1) in accordance with section 6, prepare and 
        submit a management plan for the Heritage Area to the 
        Secretary;</DELETED>
        <DELETED>    (2) assist units of local government, regional 
        planning organizations, and nonprofit organizations in carrying 
        out the approved management plan by--</DELETED>
                <DELETED>    (A) carrying out programs and projects 
                that recognize, protect, and enhance important resource 
                values in the Heritage Area;</DELETED>
                <DELETED>    (B) establishing and maintaining 
                interpretive exhibits and programs in the Heritage 
                Area;</DELETED>
                <DELETED>    (C) developing recreational and 
                educational opportunities in the Heritage 
                Area;</DELETED>
                <DELETED>    (D) increasing public awareness of, and 
                appreciation for, natural, historical, scenic, and 
                cultural resources of the Heritage Area;</DELETED>
                <DELETED>    (E) protecting and restoring historic 
                sites and buildings in the Heritage Area that are 
                consistent with Heritage Area themes;</DELETED>
                <DELETED>    (F) ensuring that clear, consistent, and 
                appropriate signs identifying points of public access, 
                and sites of interest are posted throughout the 
                Heritage Area; and</DELETED>
                <DELETED>    (G) promoting a wide range of partnerships 
                among governments, organizations, and individuals to 
                further the Heritage Area;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) conduct meetings open to the public at least 
        semiannually regarding the development and implementation of 
        the management plan;</DELETED>
        <DELETED>    (5) for any year that Federal funds have been 
        received under this Act--</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (B) make available to the Secretary for 
                audit all records relating to the expenditure of the 
                funds and any matching funds;</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (6) encourage by appropriate means economic 
        viability that is consistent with the Heritage Area.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Cost-Sharing Requirement.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. MANAGEMENT PLAN.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Requirements.--The management plan shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) take into consideration State and local 
        plans;</DELETED>
        <DELETED>    (3) include--</DELETED>
                <DELETED>    (A) an inventory of--</DELETED>
                        <DELETED>    (i) the resources located in the 
                        core area described in section 4(b); 
                        and</DELETED>
                        <DELETED>    (ii) any other property in the 
                        core area that--</DELETED>
                                <DELETED>    (I) is related to the 
                                themes of the Heritage Area; 
                                and</DELETED>
                                <DELETED>    (II) should be preserved, 
                                restored, managed, or maintained 
                                because of the significance of the 
                                property;</DELETED>
                <DELETED>    (B) comprehensive policies, strategies and 
                recommendations for conservation, funding, management, 
                and development of the Heritage Area;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (D) a program of implementation for the 
                management plan by the management entity that includes 
                a description of--</DELETED>
                        <DELETED>    (i) actions to facilitate ongoing 
                        collaboration among partners to--</DELETED>
                                <DELETED>    (I) promote plans for 
                                resource protection, restoration, and 
                                construction; and</DELETED>
                                <DELETED>    (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;</DELETED>
                <DELETED>    (E) the identification of sources of 
                funding for carrying out the management plan;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (G) an interpretive plan for the Heritage 
                Area; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Approval or Disapproval of Management Plan.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Criteria for approval.--In determining whether 
        to approve the management plan, the Secretary shall consider 
        whether--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the management entity has afforded 
                adequate opportunity, including public hearings, for 
                public and governmental involvement in the preparation 
                of the management plan; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Action following disapproval.--If the 
        Secretary disapproves the management plan under paragraph (1), 
        the Secretary shall--</DELETED>
                <DELETED>    (A) advise the management entity in 
                writing of the reasons for the disapproval;</DELETED>
                <DELETED>    (B) make recommendations for revisions to 
                the management plan; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Amendments.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES.</DELETED>

<DELETED>    Any Federal agency conducting or supporting an activity 
that directly affects the Heritage Area shall--</DELETED>
        <DELETED>    (1) consult with the Secretary and the management 
        entity regarding the activity;</DELETED>
        <DELETED>    (2) cooperate with the Secretary and the 
        management entity in carrying out the duties of the Federal 
        agency under this Act;</DELETED>
        <DELETED>    (3) to the maximum extent practicable, coordinate 
        the activity with carrying out those duties; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. PRIVATE PROPERTY PROTECTION.</DELETED>

<DELETED>    (a) Access to Private Property.--Nothing in this Act--
</DELETED>
        <DELETED>    (1) requires any private property owner to allow 
        public access (including Federal, State, or local government 
        access) to the private property; or</DELETED>
        <DELETED>    (2) modifies any provision of Federal, State, or 
        local law with regard to public access to or use of private 
        property.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Effect of Establishment.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 9. WATER RIGHTS.</DELETED>

<DELETED>    (a) Statement of Policy.--Nothing in this Act is meant to 
modify the Rio Grande Natural Area Act.</DELETED>
<DELETED>    (b) Applicability.--Nothing in this Act--</DELETED>
        <DELETED>    (1) amends, modifies, or is in conflict with the 
        Act of May 31, 1939 (53 Stat. 785, chapter 155);</DELETED>
        <DELETED>    (2) authorizes the regulation of private land in 
        the Heritage Area;</DELETED>
        <DELETED>    (3) authorizes the imposition of any mandatory 
        streamflow requirements;</DELETED>
        <DELETED>    (4) creates an express or implied Federal reserved 
        water right;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 11. TERMINATION OF AUTHORITY.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sangre de Cristo National Heritage 
Area Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Sangre de Cristo National Heritage Area established by section 
        3(a).
            (2) Management entity.--The term ``management entity'' 
        means the management entity for the Heritage Area designated by 
        section 3(d).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required under 
        section 5.
            (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. 3. 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. 4. 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 5, 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.--The Federal share of the cost of any 
activity carried out using any assistance made available under this Act 
shall be 50 percent.

SEC. 5. 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 3(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 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 180 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 180 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. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities with the 
Secretary and the management entity to the maximum extent practicable.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law or regulation 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any property owner (whether 
        public or private), including the right to refrain from 
        participating in any plan, project, program, or activity 
        conducted within the Heritage Area;
            (2) requires any property owner to permit public access 
        (including access by Federal, State, or local agencies) to the 
        property of the property owner, or to modify public access or 
        use of property of the property owner under any other Federal, 
        State, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State or local agency, or conveys any land use or other 
        regulatory authority to the management entity;
            (4) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (5) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (6) creates any liability, or affects any liability under 
        any other law, of any private property owner with respect to 
        any person injured on the private property.

SEC. 8. EVALUATION; REPORT.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area, the 
Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
            (2) prepare a report in accordance with subsection (c).
    (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
            (1) assess the progress of the management entity with 
        respect to--
                    (A) accomplishing the purposes of this Act for the 
                Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
            (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area for purposes of 
        identifying the critical components for sustainability of the 
        Heritage Area.
    (c) Report.--
            (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), the Secretary shall prepare a report that 
        includes recommendations for the future role of the National 
        Park Service, if any, with respect to the Heritage Area.
            (2) Required analysis.--If the report prepared under 
        paragraph (1) recommends that Federal funding for the Heritage 
        Area be reauthorized, the report shall include an analysis of--
                    (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination.
            (3) Submission to congress.--On completion of the report, 
        the Secretary shall submit the report to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 9. 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. 10. 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 of enactment of 
this Act.
                                                       Calendar No. 368

110th CONGRESS

  1st Session

                                 S. 443

                          [Report No. 110-170]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 17, 2007

                       Reported with an amendment