[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 444 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 444

  To establish the South Park National Heritage Area in the State of 
                   Colorado, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2007

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

_______________________________________________________________________

                                 A BILL


 
  To establish the South Park 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 ``South Park National Heritage Area 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) 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 Federal, State, and local governments, 
        organizations, and residents of South Park broadly support the 
        establishment of a national heritage area to coordinate and 
        assist in the conservation, interpretation, and continuing use 
        of the heritage resources of South Park;
            (7) the agrarian landscape, culture, and historical 
        resources of South Park assist citizens in experiencing how 
        native peoples, early explorers, trappers, miners, ranchers, 
        and settlers lived on the frontier of the United States;
            (8) 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) reinforced the democratic traditions of the 
                United States;
            (9) the average elevation of South Park exceeds 9,000 feet 
        and ranks among the highest basins in North America;
            (10) native peoples have inhabited the landscape of South 
        Park for over 10,000 years;
            (11) 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;
            (12) in addition to high summits, pristine 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, 
                Canada lynx and greenback cutthroat 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 
                than 14,000 feet above sea level;
            (13) the South Park National Heritage Area offers 
        outstanding recreational opportunities for hiking, fishing, 
        camping, climbing, sightseeing, hunting, wildlife viewing, and 
        off-highway vehicle use;
            (14) the South Park National Heritage Area contains 
        buildings, structures, sites, and stories that preserve and 
        interpret the frontier heritage of the United States, 
        including--
                    (A) the Salt Works Ranch, Colorado Salt Works, EM 
                Ranch, Buckley Ranch, Wahl Ranch, Jefferson Depot, Como 
                Depot, Como Roundhouse, Como Hotel, Como School, Boreas 
                Pass Railroad Station, Summer Saloon, South Park 
                Brewery, Park County Courthouse, South Park Community 
                Church, and Tarryall School, each of which is listed in 
                the National Register of Historic Places;
                    (B) the Colorado Midland Railroad, the Denver, 
                South Park & Pacific Railroad, and their associated 
                stations, depots, and passes;
                    (C) the Paris Mill and Snowstorm Dredge, which are 
                among the last intact structures of their type in the 
                United States, and are included on Colorado's ``most 
                endangered places'' list;
                    (D) the Present Help Mine which, being located at 
                an elevation of 14,157 feet, qualifies as the highest 
                gold mine ever to operate in the United States; and
                    (E) the highest incorporated town (Alma), vehicular 
                mountain pass (Mosquito), and cattle ranches in the 
                United States; and
            (15) 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.
    (b) Purposes.--The purposes of this Act are to--
            (1) establish the Heritage Area in the State of Colorado;
            (2) carry out the national heritage area alternative as 
        described in the document entitled ``South Park National 
        Heritage Area Feasibility Study, 2006'';
            (3) provide a management framework to foster an effective 
        working relationship with all levels of government, not for 
        profit organizations, the private sector, and the local 
        communities in South Park to--
                    (A) preserve the outstanding heritage of the 
                region;
                    (B) develop new heritage tourism programs, 
                attractions and opportunities; and
                    (C) continue to pursue the development of 
                compatible economic opportunities and heritage 
                products; and
            (4) 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.

SEC. 3. PRIVATE PROPERTY RIGHTS 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 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 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, enlarges, or diminishes the authority of the Federal 
Government or State or local governments to regulate land use.
    (d) Voluntary 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; participation by individual 
landowners is strictly on a voluntary basis only.
    (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, 
        the management entity, or any other governmental entity.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) 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.
            (2) Heritage area.--The term ``Heritage Area'' means the 
        South Park National Heritage Area established by section 5(a).
            (3) Management entity.--The term ``management entity'' 
        means the management entity for the Heritage Area designated by 
        section 5(d)(1).
            (4) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required by section 
        7.
            (5) Map.--The term ``map'' means the map entitled ``South 
        Park National Heritage Area Map (Proposed)'', dated January 30, 
        2006.
            (6) Partner.--The term ``partner'' means a Federal, State, 
        or local governmental entity, organization, private industry, 
        educational institution, or individual involved in the 
        conservation, preservation, interpretation, development or 
        promotion of heritage sites or resources of the Heritage Area.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) State.--The term ``State'' means the State of Colorado.
            (9) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, help, or aid, other 
        than financial assistance, provided by the Secretary.

SEC. 5. SOUTH PARK NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the South 
Park National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of the 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 Park County Tourism & Community Development 
        Office, in conjunction with the South Park National Heritage 
        Area Board of Directors.
            (2) Membership requirements.--Members of the Board shall 
        include representatives from a broad cross-section of 
        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. 6. ADMINISTRATION.

    (a) Prohibition on the Acquisition of Real Property.--
            (1) In general.--Subject to paragraph (2), the management 
        entity shall not use Federal funds made available under this 
        Act to acquire real property or any interest in real property.
            (2) Acquisition of conservation easements.--The management 
        entity may use Federal funds made available under this Act to 
        acquire conservation easements from willing sellers.
    (b) 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, fundraising, heritage facility planning 
        and development, and heritage tourism programming;
            (4) obtain funds or services from any source, including 
        funds or services that are provided under any other Federal law 
        or program;
            (5) enter into contracts for goods or services; and
            (6) to facilitate the conduct of other projects and 
        activities that further the Heritage Area and are consistent 
        with the approved management plan.
    (c) 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, local property owners 
        and businesses, and nonprofit organizations in carrying out the 
        approved management plan by--
                    (A) carrying out programs and projects that 
                recognize, protect, enhance, and promote important 
                resource values in the Heritage Area;
                    (B) establishing and maintaining interpretive 
                exhibits and programs in the Heritage Area;
                    (C) developing economic, recreational and 
                educational opportunities in the Heritage Area;
                    (D) increasing public awareness of, and 
                appreciation for, historical, cultural, scenic, 
                recreational, agricultural, and natural 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;
                    (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the Heritage Area; and
                    (H) planning and developing new heritage 
                attractions, products and services.
            (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 for which Federal funds have been received 
        under this Act--
                    (A) submit to the Secretary an annual report 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 Federal 
                funds and any matching funds; and
                    (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.
    (d) Cost-Sharing Requirement.--
            (1) In general.--Except as provided in paragraph (2), 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.--Before the date on which the management 
        entity completes the management plan, the Federal share of the 
        cost of any activity described in paragraph (1) may be 100 
        percent.

SEC. 7. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the management entity, with public participation, 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, interpretation, development, and 
        promotion of the historical, cultural, scenic, recreational, 
        agricultural, and natural 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 5(b); and
                            (ii) any other eligible and participating 
                        property in the core area that--
                                    (I) is related to the themes of the 
                                Heritage Area; and
                                    (II) should be preserved, restored, 
                                managed, maintained, developed, or 
                                promoted because of the significance of 
                                the property;
                    (B) comprehensive policies, strategies, and 
                recommendations for conservation, funding, management, 
                development, and promotion of the Heritage Area;
                    (C) a description of actions that governments, 
                private organizations, and individuals have agreed to 
                take to manage protect the historical, cultural, 
                scenic, recreational, agricultural, and natural 
                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 and 
                        effective collaboration among partners to 
                        promote plans for resource protection, 
                        enhancement, interpretation, 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) an analysis of and recommendations for means by 
                which Federal, State, and local 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 historical, cultural, scenic, 
        recreational, agricultural, and natural 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 on which 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 historical resource protection 
                organizations, educational institutions, local 
                businesses and industries, community organizations, 
                recreational organizations, and tourism 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) strategies contained in the management plan, if 
                implemented, would adequately balance the voluntary 
                protection, development, and interpretation of the 
                natural, historical, cultural, scenic, recreational, 
                and agricultural 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 makes 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. 8. DUTIES OF OTHER FEDERAL AGENCIES.

    Any Federal agency conducting or supporting an activity that 
directly affects the Heritage Area as designated by the Secretary 
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. 9. WATER RIGHTS.

    Nothing in this Act--
            (1) authorizes the regulation of private land in the 
        Heritage Area;
            (2) authorizes the imposition of any mandatory streamflow 
        requirements;
            (3) creates an express or implied Federal reserved water 
        right;
            (4) 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
            (5) 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 
$6,110,000, 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 on which funds 
are first made available to carry out this Act.
                                 <all>