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






                                                       Calendar No. 369
110th CONGRESS
  1st Session
                                 S. 444

                          [Report No. 110-171]

  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 (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 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,

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

<DELETED>    This Act may be cited as the ``South Park National 
Heritage Area Act''.</DELETED>

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

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) in 1997 the Governor of Colorado designated 
        South Park as Colorado's second State Heritage Area;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (8) the ideals of self governance and 
        individualism of the United States gave rise to laws that--
        </DELETED>
                <DELETED>    (A) were developed within the remote 
                landscape of South Park;</DELETED>
                <DELETED>    (B) were among the first legislative 
                initiatives of the western settlers; and</DELETED>
                <DELETED>    (C) reinforced the democratic traditions 
                of the United States;</DELETED>
        <DELETED>    (9) the average elevation of South Park exceeds 
        9,000 feet and ranks among the highest basins in North 
        America;</DELETED>
        <DELETED>    (10) native peoples have inhabited the landscape 
        of South Park for over 10,000 years;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (12) in addition to high summits, pristine 
        streams, and open prairies, the unmatched landscape of the 
        Heritage Area also contains--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) National Forest System lands that are 
                home to the federally-threatened Penland alpine fen 
                mustard, Canada lynx and greenback cutthroat 
                trout;</DELETED>
                <DELETED>    (D) 12 State wildlife areas that protect 
                large herds of elk, deer, pronghorn antelope; and many 
                other species;</DELETED>
                <DELETED>    (E) 45 miles of ``Gold Medal'' trout water 
                that provide world-class trout fishing 
                opportunities;</DELETED>
                <DELETED>    (F) nationally rare and unusual high-
                altitude wetlands known as extreme rich fens; 
                and</DELETED>
                <DELETED>    (G) 4 majestic mountain peaks that stand 
                higher than 14,000 feet above sea level;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the Colorado Midland Railroad, the 
                Denver, South Park & Pacific Railroad, and their 
                associated stations, depots, and passes;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (E) the highest incorporated town (Alma), 
                vehicular mountain pass (Mosquito), and cattle ranches 
                in the United States; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are to--</DELETED>
        <DELETED>    (1) establish the Heritage Area in the State of 
        Colorado;</DELETED>
        <DELETED>    (2) carry out the national heritage area 
        alternative as described in the document entitled ``South Park 
        National Heritage Area Feasibility Study, 2006'';</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) preserve the outstanding heritage of 
                the region;</DELETED>
                <DELETED>    (B) develop new heritage tourism programs, 
                attractions and opportunities; and</DELETED>
                <DELETED>    (C) continue to pursue the development of 
                compatible economic opportunities and heritage 
                products; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. PRIVATE PROPERTY RIGHTS 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 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 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, enlarges, or diminishes the authority of the 
Federal Government or State or local governments to regulate land 
use.</DELETED>
<DELETED>    (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.</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, the management entity, or any other governmental 
        entity.</DELETED>

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Heritage area.--The term ``Heritage Area'' 
        means the South Park National Heritage Area established by 
        section 5(a).</DELETED>
        <DELETED>    (3) Management entity.--The term ``management 
        entity'' means the management entity for the Heritage Area 
        designated by section 5(d)(1).</DELETED>
        <DELETED>    (4) Management plan.--The term ``management plan'' 
        means the management plan for the Heritage Area required by 
        section 7.</DELETED>
        <DELETED>    (5) Map.--The term ``map'' means the map entitled 
        ``South Park National Heritage Area Map (Proposed)'', dated 
        January 30, 2006.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (8) State.--The term ``State'' means the State of 
        Colorado.</DELETED>
        <DELETED>    (9) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, help, or aid, other 
        than financial assistance, provided by the Secretary.</DELETED>

<DELETED>SEC. 5. SOUTH PARK NATIONAL HERITAGE AREA.</DELETED>

<DELETED>    (a) Establishment.--There is established in the State the 
South Park National Heritage Area.</DELETED>
<DELETED>    (b) Boundaries.--The Heritage Area shall consist of the 
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 Park County Tourism & Community 
        Development Office, in conjunction with the South Park National 
        Heritage Area Board of Directors.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. ADMINISTRATION.</DELETED>

<DELETED>    (a) Prohibition on the Acquisition of Real Property.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Acquisition of conservation easements.--The 
        management entity may use Federal funds made available under 
        this Act to acquire conservation easements from willing 
        sellers.</DELETED>
<DELETED>    (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--</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, fundraising, heritage facility planning 
        and development, and heritage tourism programming;</DELETED>
        <DELETED>    (4) obtain funds or services from any source, 
        including funds or services that are provided under any other 
        Federal law or program;</DELETED>
        <DELETED>    (5) enter into contracts for goods or services; 
        and</DELETED>
        <DELETED>    (6) to facilitate the conduct of other projects 
        and activities that further the Heritage Area and are 
        consistent with the approved management plan.</DELETED>
<DELETED>    (c) 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, local 
        property owners and businesses, and nonprofit organizations in 
        carrying out the approved management plan by--</DELETED>
                <DELETED>    (A) carrying out programs and projects 
                that recognize, protect, enhance, and promote 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 economic, recreational and 
                educational opportunities in the Heritage 
                Area;</DELETED>
                <DELETED>    (D) increasing public awareness of, and 
                appreciation for, historical, cultural, scenic, 
                recreational, agricultural, and natural 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;</DELETED>
                <DELETED>    (G) promoting a wide range of partnerships 
                among governments, organizations, and individuals to 
                further the Heritage Area; and</DELETED>
                <DELETED>    (H) planning and developing new heritage 
                attractions, products and services.</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 for which Federal funds have been 
        received under this Act--</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (B) make available to the Secretary for 
                audit all records relating to the expenditure of the 
                Federal funds and any matching funds; and</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>    (d) Cost-Sharing Requirement.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. MANAGEMENT PLAN.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Requirements.--The management plan shall--</DELETED>
        <DELETED>    (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;</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 5(b); 
                        and</DELETED>
                        <DELETED>    (ii) any other eligible and 
                        participating 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, maintained, 
                                developed, or promoted because of the 
                                significance of the property;</DELETED>
                <DELETED>    (B) comprehensive policies, strategies, 
                and recommendations for conservation, funding, 
                management, development, and promotion of the Heritage 
                Area;</DELETED>
                <DELETED>    (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;</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 
                        and effective collaboration among partners to 
                        promote plans for resource protection, 
                        enhancement, interpretation, 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) 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</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 historical, cultural, scenic, 
        recreational, agricultural, and natural 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 on which 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 historical 
                resource protection organizations, educational 
                institutions, local businesses and industries, 
                community organizations, recreational organizations, 
                and tourism 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) 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.</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 makes 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. 8. DUTIES OF OTHER FEDERAL AGENCIES.</DELETED>

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

<DELETED>    Nothing in this Act--</DELETED>
        <DELETED>    (1) authorizes the regulation of private land in 
        the Heritage Area;</DELETED>
        <DELETED>    (2) authorizes the imposition of any mandatory 
        streamflow requirements;</DELETED>
        <DELETED>    (3) creates an express or implied Federal reserved 
        water right;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

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

<DELETED>    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.</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 on 
which funds are first made available to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``South Park National Heritage Area 
Act''.

SEC. 2. 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 3(a).
            (3) Management entity.--The term ``management entity'' 
        means the management entity for the Heritage Area designated by 
        section 3(d)(1).
            (4) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required by section 
        5.
            (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. 3. 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. 4. ADMINISTRATION.

    (a) 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.
    (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 5, 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.--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, 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 within the areas 
                        included in the map; and
                            (ii) any other eligible and participating 
                        property within the areas included in the map 
                        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 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 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 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 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. 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. 369

110th CONGRESS

  1st Session

                                 S. 444

                          [Report No. 110-171]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 17, 2007

                       Reported with an amendment