1.This Act may be cited as the
South Park National Heritage Area Act
.
2.In this Act:
(1)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)The term Heritage Area means the South Park
National Heritage Area established by section 3(a).
(3)The term management entity means the
management entity for the Heritage Area designated by section 3(d)(1).
(4)The term management plan means the management
plan for the Heritage Area required by section 5.
(5)The
term map means the map entitled South Park National
Heritage Area Map (Proposed)
, dated January 30, 2006.
(6)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)The
term Secretary means the Secretary of the Interior.
(8)The
term State means the State of Colorado.
(9)The term technical assistance means any
guidance, advice, help, or aid, other than financial assistance, provided by
the Secretary.
3.South Park
National Heritage Area
(a)There
is established in the State the South Park National Heritage Area.
(b)The
Heritage Area shall consist of the areas included in the map.
(c)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)
(1)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)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.
4.
(a)Prohibition on
the acquisition of real propertyThe management entity shall not
use Federal funds made available under this Act to acquire real property or any
interest in real property.
(b)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)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)The Federal share of the cost of any activity carried
out using any assistance made available under this Act shall be 50
percent.
5.
(a)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)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)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)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)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 disapprovalIf 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)
(A)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)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.
6.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 the Heritage Area is encouraged
to consult and coordinate the activities with the Secretary and the management
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 the Heritage Area; or
(3)modifies, alters,
or amends any authorized use of Federal land under the jurisdiction of a
Federal agency.
7.Private property
and regulatory protectionsNothing 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.
8.
(a)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)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)
(1)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)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)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.
9.Authorization
of appropriationsThere 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.
10.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.