[Congressional Record Volume 148, Number 71 (Tuesday, June 4, 2002)]
[Senate]
[Pages S4971-S4972]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 2576. A bill to establish the Northern Rio Grande National 
Heritage Area in the State of New Mexico, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today to introduce legislation to 
establish the Northern Rio Grande National Heritage Area in northern 
New Mexico. The national heritage area will be established as part of a 
collaborative effort between local residents, Indian tribes, 
businesses, and local governments, who are coming together to preserve 
the area.
  By establishing the Northern Rio Grande National Heritage Area, I 
hope to commemorate the significant but complex heritage of northern 
New Mexico communities and Indian tribes, from the pre-Spanish 
colonization period to present day. Establishing a national heritage 
area will benefit the northern New Mexico communities, local residents, 
students, and visitors, as well as help the local protection and 
interpretation of the unique cultural, historical, and natural 
resources of northern New Mexico. By introducing this legislation, it 
is my hope that we will not only honor the past, but also inspire the 
future.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2576

       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 ``Northern Rio Grande National 
     Heritage Area Act''.

     SEC. 2. CONGRESSIONAL FINDINGS.

       The Congress finds that--
       (1) northern New Mexico encompasses a mosaic of cultures 
     and history, including several Indian tribes and the 
     descendants of Spanish ancestors who settled in the area in 
     1598;
       (2) the combination of cultures, languages, folk arts, 
     customs, and architecture make northern New Mexico unique;
       (3) the area includes spectacular natural, scenic, and 
     recreational resources;
       (4) there is broad support from local governments and 
     interested individuals to establish a National Heritage Area 
     to coordinate and assist in the preservation and 
     interpretation of these resources;
       (5) in 1991, the National Park Service study Alternative 
     Concepts for Commemorating Spanish Colonization identified 
     several alternatives consistent with the establishment of a 
     National Heritage Area, including conducting a comprehensive 
     archaeological and historical research program, coordinating 
     a comprehensive interpretation program, and interpreting a 
     cultural heritage scene; and
       (6) establishment of a National Heritage Area in northern 
     New Mexico would assist local communities and residents in 
     preserving these unique cultural, historical and natural 
     resources.

     SEC. 3. DEFINITIONS.

       As used in this Act--
       (1) the term ``heritage area'' means the Northern Rio 
     Grande Heritage Area; and
       (2) the term ``Secretary'' means the Secretary of the 
     Interior.

     SEC. 4. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

       (a) Establishment.--There is hereby established the 
     Northern Rio Grande National Heritage Area in the State of 
     New Mexico.
       (b) Boundaries.--The heritage area shall include the 
     counties of Santa Fe, Rio Arriba, and Taos in the State of 
     New Mexico.
       (c) Management Entity.--The Northern Rio Grande National 
     Heritage Area, Inc., a non-profit corporation chartered in 
     the State of New Mexico, shall serve as the management entity 
     for the heritage area.

     SEC. 5. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Management Plan.--Not later than 3 years after the date 
     of enactment of this Act, the management entity shall develop 
     and forward to the Secretary a management plan for the 
     heritage area.
       (2) The management entity shall develop the management plan 
     in cooperation with affected communities, tribal and local 
     governments and shall provide for public involvement in the 
     development and implementation of the management plan.
       (3) The management plan shall, at a minimum--
       (A) provide recommendations for the conservation, funding, 
     management, and development of the resources of the heritage 
     area;
       (B) identify sources of funding;
       (C) include an inventory of the cultural, historical, 
     archaeological, natural, and recreational resources of the 
     heritage area;
       (D) provide recommendations for educational and 
     interpretive programs to inform the public about the 
     resources of the heritage area; and
       (E) an analysis of ways in which local, State, Federal, and 
     tribal programs may best be coordinated to promote the 
     purposes of this Act.
       (4) If the management entity fails to submit a management 
     plan to the Secretary as provided in paragraph (1), the 
     heritage area shall no longer be eligible to receive Federal

[[Page S4972]]

     funding under this Act until such time as a plan is submitted 
     to the Secretary.
       (5)(A) The Secretary shall approve or disapprove the 
     management plan within 90 days after the date of submission.
       (B) If the Secretary disapproves the management plan, the 
     Secretary shall advise the management entity in writing of 
     the reasons therefor and shall make recommendations for 
     revisions to the plan.
       (6) The management entity shall periodically review the 
     management plan and submit to the Secretary any 
     recommendations for proposed revisions to the management 
     plan. Any major revisions to the management plan must be 
     approved by the Secretary.
       (b) Authority.--The management entity may make grants and 
     provide technical assistance to tribal and local governments, 
     and other public and private entities to carry out the 
     management plan.
       (c) Duties.--The management entity shall--
       (1) give priority in implementing actions set forth in the 
     management plan;
       (2) coordinate with tribal and local governments to better 
     enable them to adopt land use policies consistent with the 
     goals of the management plan;
       (3) encourage by appropriate means economic viability in 
     the heritage area consistent with the goals of the management 
     plan; and
       (4) assist local and tribal governments and non-profit 
     organizations in--
       (A) establishing and maintaining interpretive exhibits in 
     the heritage area;
       (B) developing recreational resources in the heritage area;
       (C) increasing public awareness of, and appreciation for, 
     the cultural, historical, archaeological and natural 
     resources and sites in the heritage area;
       (D) the restoration of historic structures related to the 
     heritage area; and
       (E) carrying out other actions that the management entity 
     determines appropriate to fulfill the purposes of this Act.
       (d) Prohibition on Acquiring Real Property.--The management 
     entity may not use Federal funds received under this Act to 
     acquire real property or an interest in real property.
       (e) Public Meetings.--The management entity shall hold 
     public meetings at least annually regarding the 
     implementation of the management plan.
       (f) Annual Reports and Audits.--(1) For any year in which 
     the management entity receives Federal funds under this Act, 
     the management entity shall submit an annual report to the 
     Secretary setting forth accomplishments, expenses and income, 
     and each entity to which any grant was made by the management 
     entity.
       (2) The management entity shall make available to the 
     Secretary for audit all records relating to the expenditure 
     of Federal funds and any matching funds. The management 
     entity shall also require, with respect to all agreements 
     authorizing expenditure of Federal funds by other 
     organizations, that the receiving organization make available 
     to the Secretary for audit all records concerning the 
     expenditure of those funds.

     SEC. 6. DUTIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--The Secretary may, 
     upon request of the management entity, provide technical and 
     financial assistance to develop and implement the management 
     plan.
       (b) Priority.--In providing assistance under subsection 
     (a), the Secretary shall give priority to actions that 
     facilitate--
       (1) the conservation of the significant natural, cultural, 
     historical, archaeological, scenic, and recreational 
     resources of the heritage area; and
       (2) the provision of educational, interpretive, and 
     recreational opportunities that are consistent with the 
     resources and associated values of the heritage area.

     SEC. 7. SAVINGS PROVISIONS.

       (a) No Effect on Private Property.--Nothing in this Act 
     shall be construed--
       (1) to modify, enlarge, or diminish any authority of 
     Federal, State, tribal, or local governments to regulate any 
     use of privately owned lands; or
       (2) to grant the management entity any authority to 
     regulate the use of privately owned lands.
       (b) Authority of Governments.--Nothing in this Act shall be 
     construed--
       (1) to modify, enlarge, or diminish any authority of 
     Federal, State, tribal, or local governments to manage or 
     regulate any use of land as provided for by law or 
     regulation; or
       (2) to authorize the management entity to assume any 
     management authorities over such lands.

     SEC. 8. SUNSET.

       The Secretary may not make any grant or provide any 
     financial assistance under this Act after September 30, 2017.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $10,000,000 to carry 
     out this Act. Not more than $1,000,000 may be appropriated 
     for any fiscal year. The Federal share of the costs for any 
     activity funded under this Act shall not exceed 50 percent.
                                 ______