[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 324 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 324


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2009

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
  To establish the Santa Cruz Valley National Heritage Area, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Santa Cruz Valley 
National Heritage Area Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Designation of Santa Cruz Valley National Heritage Area.
Sec. 5. Management plan.
Sec. 6. Evaluation; report.
Sec. 7. Local coordinating entity.
Sec. 8. Relationship to other Federal agencies.
Sec. 9. Private property and regulatory protections.
Sec. 10. Authorization of appropriations.
Sec. 11. Use of Federal funds from other sources.
Sec. 12. Sunset for grants and other assistance.
Sec. 13. Border security.

SEC. 2. PURPOSES.

    The purposes of this Act include--
            (1) to establish the Santa Cruz Valley National Heritage 
        Area in the State of Arizona;
            (2) to implement the recommendations of the ``Alternative 
        Concepts for Commemorating Spanish Colonization'' study 
        completed by the National Park Service in 1991, and the 
        ``Feasibility Study for the Santa Cruz Valley National Heritage 
        Area'' prepared by the Center for Desert Archaeology in July 
        2005;
            (3) 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 region and to conserve 
        the region's heritage while continuing to pursue compatible 
        economic opportunities;
            (4) to assist communities, organizations, and citizens in 
        the State of Arizona 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; and
            (5) to provide appropriate linkages between units of the 
        National Park System and communities, governments, and 
        organizations within the National Heritage Area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) National heritage area.--The term ``National Heritage 
        Area'' means the Santa Cruz Valley National Heritage Area 
        established in this Act.
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the Santa Cruz Valley Heritage 
        Alliance, Inc., which is hereby designated by Congress--
                    (A) to develop, in partnership with others, the 
                management plan for the National Heritage Area; and
                    (B) to act as a catalyst for the implementation of 
                projects and programs among diverse partners in the 
                National Heritage Area.
            (3) Management plan.--The term ``management plan'' means 
        the plan prepared by the local coordinating entity for the 
        National Heritage Area that specifies actions, policies, 
        strategies, performance goals, and recommendations to meet the 
        goals of the National Heritage Area, in accordance with this 
        Act.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. DESIGNATION OF SANTA CRUZ VALLEY NATIONAL HERITAGE AREA.

    (a) Establishment.--There is hereby established the Santa Cruz 
Valley National Heritage Area.
    (b) Boundaries.--
            (1) In general.--The National Heritage Area shall consist 
        of portions of the counties of Santa Cruz and Pima.
            (2) Map.--The boundaries of the National Heritage Area 
        shall be as generally depicted on the map titled ``Santa Cruz 
        Valley National Heritage Area'', and numbered T09/80,000, and 
        dated November 13, 2007. The map shall be on file and available 
        to the public in the appropriate offices of the National Park 
        Service and the local coordinating entity.

SEC. 5. MANAGEMENT PLAN.

    (a) Requirements.--The management plan for the National Heritage 
Area shall--
            (1) describe comprehensive policies, goals, strategies, and 
        recommendations for telling the story of the heritage of the 
        area covered by the National Heritage Area and encouraging 
        long-term resource protection, enhancement, interpretation, 
        funding, management, and development of the National Heritage 
        Area;
            (2) include a description of actions and commitments that 
        Federal, State, Tribal, and local governments, private 
        organizations, and citizens will take to protect, enhance, 
        interpret, fund, manage, and develop the natural, historical, 
        cultural, educational, scenic, and recreational resources of 
        the National Heritage Area;
            (3) specify existing and potential sources of funding or 
        economic development strategies to protect, enhance, interpret, 
        fund, manage, and develop the National Heritage Area;
            (4) include an inventory of the natural, historical, 
        cultural, educational, scenic, and recreational resources of 
        the National Heritage Area related to the national importance 
        and themes of the National Heritage Area that should be 
        protected, enhanced, interpreted, managed, funded, and 
        developed;
            (5) recommend policies and strategies for resource 
        management, including the development of intergovernmental and 
        interagency agreements to protect, enhance, interpret, fund, 
        manage, and develop the natural, historical, cultural, 
        educational, scenic, and recreational resources of the National 
        Heritage Area;
            (6) describe a program for implementation for the 
        management plan, including--
                    (A) performance goals;
                    (B) plans for resource protection, enhancement, 
                interpretation, funding, management, and development; 
                and
                    (C) specific commitments for implementation that 
                have been made by the local coordinating entity or any 
                Federal, State, Tribal, or local government agency, 
                organization, business, or individual;
            (7) include an analysis of, and recommendations for, means 
        by which Federal, State, Tribal, and local programs may best be 
        coordinated (including the role of the National Park Service 
        and other Federal agencies associated with the National 
        Heritage Area) to further the purposes of this Act; and
            (8) include a business plan that--
                    (A) describes the role, operation, financing, and 
                functions of the local coordinating entity and of each 
                of the major activities contained in the management 
                plan; and
                    (B) provides adequate assurances that the local 
                coordinating entity has the partnerships and financial 
                and other resources necessary to implement the 
                management plan for the National Heritage Area.
    (b) Deadline.--
            (1) In general.--Not later than 3 years after the date on 
        which funds are first made available to develop the management 
        plan after designation as a National Heritage Area, the local 
        coordinating entity shall submit the management plan to the 
        Secretary for approval.
            (2) Termination of funding.--If the management plan is not 
        submitted to the Secretary in accordance with paragraph (1), 
        the local coordinating entity shall not qualify for any 
        additional financial assistance under this Act until such time 
        as the management plan is submitted to and approved by the 
        Secretary.
    (c) Approval of Management Plan.--
            (1) Review.--Not later than 180 days after receiving the 
        plan, the Secretary, in consultation with the Secretary of 
        Homeland Security, shall review and approve or disapprove the 
        management plan for a National Heritage Area on the basis of 
        the criteria established under paragraph (3).
            (2) Consultation.--The Secretary shall consult with the 
        Governor of each State in which the National Heritage Area is 
        located before approving a management plan for the National 
        Heritage Area.
            (3) Criteria for approval.--In determining whether to 
        approve a management plan for a National Heritage Area, the 
        Secretary shall consider whether--
                    (A) the local coordinating entity represents the 
                diverse interests of the National Heritage Area, 
                including Federal, State, Tribal, and local 
                governments, natural and historic resource protection 
                organizations, educational institutions, businesses, 
                recreational organizations, community residents, and 
                private property owners;
                    (B) the local coordinating entity--
                            (i) has afforded adequate opportunity for 
                        public and Federal, State, Tribal, and local 
                        governmental involvement (including through 
                        workshops and hearings) in the preparation of 
                        the management plan; and
                            (ii) provides for at least semiannual 
                        public meetings to ensure adequate 
                        implementation of the management plan;
                    (C) the resource protection, enhancement, 
                interpretation, funding, management, and development 
                strategies described in the management plan, if 
                implemented, would adequately protect, enhance, 
                interpret, fund, manage, and develop the natural, 
                historic, cultural, educational, scenic, and 
                recreational resources of the National Heritage Area;
                    (D) the management plan would not adversely affect 
                any activities authorized on Federal land under public 
                land laws or land use plans;
                    (E) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the plan;
                    (F) the Secretary has received adequate assurances 
                from the appropriate State, Tribal, and local officials 
                whose support is needed to ensure the effective 
                implementation of the State, Tribal, and local elements 
                of the management plan; and
                    (G) the management plan demonstrates partnerships 
                among the local coordinating entity, Federal, State, 
                Tribal, and local governments, regional planning 
                organizations, nonprofit organizations, or private 
                sector parties for implementation of the management 
                plan.
            (4) Disapproval.--
                    (A) In general.--If the Secretary disapproves the 
                management plan, the Secretary--
                            (i) shall advise the local coordinating 
                        entity in writing of the reasons for the 
                        disapproval; and
                            (ii) may make recommendations to the local 
                        coordinating entity for revisions to the 
                        management plan.
                    (B) Deadline.--Not later than 180 days after 
                receiving a revised management plan, the Secretary 
                shall approve or disapprove the revised management 
                plan.
            (5) Amendments.--
                    (A) In general.--An amendment to the management 
                plan that substantially alters the purposes of the 
                National Heritage Area shall be reviewed by the 
                Secretary and approved or disapproved in the same 
                manner as the original management plan.
                    (B) Implementation.--The local coordinating entity 
                shall not use Federal funds authorized by this Act to 
                implement an amendment to the management plan until the 
                Secretary approves the amendment.
            (6) Authorities.--The Secretary may--
                    (A) provide technical assistance under the 
                authority of this Act for the development and 
                implementation of the management plan; and
                    (B) enter into cooperative agreements with 
                interested parties to carry out this Act.

SEC. 6. EVALUATION; REPORT.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the National Heritage Area 
under this Act, the Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        National 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 local coordinating entity 
        with respect to--
                    (A) accomplishing the purposes of the authorizing 
                legislation for the National Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the National Heritage 
                Area;
            (2) analyze the Federal, State, Tribal, and local, and 
        private investments in the National Heritage Area to determine 
        the impact of the investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the National Heritage Area for 
        purposes of identifying the critical components for 
        sustainability of the National Heritage Area.
    (c) Report.--Based on the evaluation conducted under subsection 
(a)(1), the Secretary shall submit a report to the Committee on Natural 
Resources of the United States House of Representatives and the 
Committee on Energy and Natural Resources of the United States Senate. 
The report shall include recommendations for the future role of the 
National Park Service, if any, with respect to the National Heritage 
Area.

SEC. 7. LOCAL COORDINATING ENTITY.

    (a) Duties.--To further the purposes of the National Heritage Area, 
the Santa Cruz Valley Heritage Alliance, Inc., as the local 
coordinating entity, shall--
            (1) prepare a management plan for the National Heritage 
        Area, and submit the management plan to the Secretary, in 
        accordance with this Act;
            (2) submit an annual report to the Secretary for each 
        fiscal year for which the local coordinating entity receives 
        Federal funds under this Act, specifying--
                    (A) the specific performance goals and 
                accomplishments of the local coordinating entity;
                    (B) the expenses and income of the local 
                coordinating entity;
                    (C) the amounts and sources of matching funds;
                    (D) the amounts leveraged with Federal funds and 
                sources of the leveraging; and
                    (E) grants made to any other entities during the 
                fiscal year;
            (3) make available for audit for each fiscal year for which 
        the local coordinating entity receives Federal funds under this 
        Act, all information pertaining to the expenditure of the funds 
        and any matching funds; and
            (4) encourage economic viability and sustainability that is 
        consistent with the purposes of the National Heritage Area.
    (b) Authorities.--For the purposes of preparing and implementing 
the approved management plan for the National Heritage Area, the local 
coordinating entity may use Federal funds made available under this Act 
to--
            (1) make grants to political jurisdictions, nonprofit 
        organizations, and other parties within the National Heritage 
        Area;
            (2) enter into cooperative agreements with or provide 
        technical assistance to political jurisdictions, nonprofit 
        organizations, Federal agencies, and other interested parties;
            (3) hire and compensate staff, including individuals with 
        expertise in--
                    (A) natural, historical, cultural, educational, 
                scenic, and recreational resource conservation;
                    (B) economic and community development; and
                    (C) heritage planning;
            (4) obtain funds or services from any source, including 
        other Federal programs;
            (5) contract for goods or services; and
            (6) support activities of partners and any other activities 
        that further the purposes of the National Heritage Area and are 
        consistent with the approved management plan.
    (c) Prohibition on Acquisition of Real Property.--The local 
coordinating entity may not use Federal funds authorized under this Act 
to acquire any interest in real property.

SEC. 8. 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 a National 
Heritage Area is encouraged to consult and coordinate the activities 
with the Secretary and the local coordinating 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 a 
        National Heritage Area;
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency; or
            (4) modifies, restricts, impedes, hinders, or supplants any 
        border enforcement or security authority, including drug 
        interdiction and illegal immigration control.

SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    (a) Clarification.--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 National Heritage Area;
            (2) requires any property owner to permit public access 
        (including access by Federal, State, Tribal, 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, Tribal, or local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, Tribal, or local agency, or conveys any land use or 
        other regulatory authority to any local coordinating entity, 
        including but not necessarily limited to development and 
        management of energy, water, or water-related infrastructure;
            (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 National 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.
    (b) Private Property Owner Protection.--
            (1) No privately owned property shall be preserved, 
        conserved, or promoted by the management plan for the National 
        Heritage Area until the owner of that private property has been 
        notified in writing by the management entity and has given 
        written consent for such preservation, conservation, or 
        promotion to the management entity.
            (2) Any owner of private property included within the 
        boundary of the National Heritage Area shall have their 
        property immediately removed from within the boundary by 
        submitting a written request to the management entity.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--Subject to subsection (b), 
there are authorized to be appropriated to carry out this Act not more 
than $1,000,000 for any fiscal year. Funds so appropriated shall remain 
available until expended.
    (b) Limitation on Total Amounts Appropriated.--Not more than 
$15,000,000 may be appropriated to carry out this Act.
    (c) Cost-sharing Requirement.--The Federal share of the total cost 
of any activity under this Act shall be not more than 50 percent; the 
non-Federal contribution may be in the form of in-kind contributions of 
goods or services fairly valued.

SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

    Nothing in this Act shall preclude the local coordinating entity 
from using Federal funds available under other laws for the purposes 
for which those funds were authorized.

SEC. 12. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

    The authority of the Secretary to provide financial assistance 
under this Act terminates on the date that is 15 years after the date 
of enactment of this Act.

SEC. 13. BORDER SECURITY.

    Nothing in this Act may impede, prohibit, or restrict activities of 
the Secretary of Homeland Security to achieve operational control (as 
defined under Public Law 109-367) within the National Heritage Area.

            Passed the House of Representatives September 23, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.