1.Short title; table of
contents
(a)This Act may be cited as the Santa Cruz Valley National Heritage Area
Act
.
(b)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.
2.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.
3.In this Act:
(1)The term National Heritage Area means
the Santa Cruz Valley National Heritage Area established in this Act.
(2)Local
coordinating entityThe 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)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)The
term Secretary means the Secretary of the Interior.
4.Designation of
Santa Cruz Valley National Heritage Area
(a)There
is hereby established the Santa Cruz Valley National Heritage Area.
(b)
(1)The National Heritage Area shall consist of portions of
the counties of Santa Cruz and Pima.
(2)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.
5.
(a)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)
(1)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)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)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)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)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)
(A)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)Not
later than 180 days after receiving a revised management plan, the Secretary
shall approve or disapprove the revised management plan.
(5)
(A)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)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)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.
6.
(a)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)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)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.
7.Local
coordinating entity
(a)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)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 propertyThe local coordinating entity may
not use Federal funds authorized under this Act to acquire any interest in real
property.
8.Relationship to
other Federal agencies
(a)Nothing in this Act affects the authority of a Federal
agency to provide technical or financial assistance under any other law.
(b)Consultation and
coordinationThe 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)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.
9.Private property
and regulatory protections
(a)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.
10.Authorization of
appropriations
(a)Authorization of
appropriationsSubject 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 appropriatedNot more than $15,000,000 may be
appropriated to carry out this Act.
(c)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.
11.Use of Federal
funds from other sourcesNothing 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.
12.Sunset for
grants and other assistanceThe 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.
13.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.
Lorraine C. Miller,
Clerk.