[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 186 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 186

  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 8, 2009

  Mr. Salazar (for himself and Mr. Udall of Colorado) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. 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.
                                 <all>