[Congressional Record Volume 155, Number 125 (Tuesday, September 8, 2009)]
[House]
[Pages H9289-H9292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1430
              SANTA CRUZ VALLEY NATIONAL HERITAGE AREA ACT

  Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 324) to establish the Santa Cruz Valley National Heritage 
Area, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 324

       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. 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;

[[Page H9290]]

       (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 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

[[Page H9291]]

     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; or
       (3) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.

     SEC. 9. 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 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.

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Grijalva) and the gentleman from Colorado (Mr. Lamborn) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. GRIJALVA. Mr. Speaker, H.R. 324 would create the Santa Cruz 
Valley National Heritage Area. I introduced this legislation on January 
8 and am proud that my neighbor in the valley, the gentlelady from 
Arizona (Ms. Giffords), is an original cosponsor.
  My own history began in the Santa Cruz Valley, at Canoa Ranch where 
my father worked. My earliest memories are of a life in that 
extraordinary scenic valley and they comprise an important part of who 
I am today.
  Sharing a border with Mexico, the Santa Cruz Valley encompasses a 
multitude of cultures, a rich and diverse history, as well as a host of 
nationally recognized national treasures that are situated within its 
borders.
  The amount of support for this proposal, both in my district and in 
Ms. Giffords', is astounding. Every county, municipality, tribe, 
Federal and State park and land management agency within the proposed 
heritage area, plus a long list of chambers of commerce, tourism 
organizations, conservation and historic preservation groups, ranchers, 
farmers and businesses, all support H.R. 324.
  The House has already approved this legislation as part of a heritage 
area package in the last Congress. Mr. Speaker, this bill is important 
to many of us and to me, to my district, and to Ms. Giffords and to her 
constituents. I ask my colleagues to support the passage.
  I reserve the balance of my time.
  Mr. LAMBORN. Mr. Speaker, unfortunately, I have to rise in opposition 
to H.R. 324. As many of us have discovered, the National Heritage Area 
program, although well intended, is not a new program and has no 
established framework. Many of our colleagues have sought to ensure 
that despite a lack of guidance, heritage areas would include basic 
property rights protections. Unfortunately, this bill does not have 
sufficient protection for the property owners within the boundaries of 
this area, and it is likely many of them have no idea that they are to 
be included.
  To remedy this problem, we request, and we have requested in the 
past, that the bill be amended to allow property owners the opportunity 
to remove their property from the heritage area.
  While the current language allows owners to ``refrain from 
participation,'' nothing changes the fact that this bill places them 
within a new Federal designation that provides a basis for ambitious 
Federal land managers to claim that they now have a mandate and 
millions of Federal dollars to interfere with local decisions affecting 
their neighbors' property.
  Three years ago, this point was brought to the forefront when my

[[Page H9292]]

friend, the sponsor of this legislation, authored legislation to reduce 
the size of the Yuma Crossing Heritage Area. When that heritage area 
was established in 2000, it was much larger than local farmers were 
expecting. Further exacerbating the problem, local zoning bureaucrats 
began to use the heritage area boundaries in planning.
  Because the language designating the heritage area included no 
recourse for property owners who wanted out, or who never wanted to be 
included in the heritage area in the first place, their only option was 
to come to Congress to adjust the boundary and solve the zoning assault 
that they faced. We must not make that mistake again.
  Complicating this particular proposed heritage area is the inclusion 
of some of the most heavily traveled human and narcotics trafficking 
routes in our country. We have already seen what happens when we lock 
up Federal border lands within Federal wilderness areas. The cartels 
run rampant knowing that Border Patrol is hamstrung by draconian rules 
making them subservient to land managers and the accompanying 
bureaucratic red tape. Now is not the time to place yet another layer 
of Federal interference over this region. The border lands are far from 
secure.
  I urge my colleagues to support private property rights and the 
effort to secure the border by opposing H.R. 324.
  I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, every time we bring up a national heritage 
proposal, we hear concerns expressed about private property 
protections. We should be clear that during the 20-plus years of this 
program's existence, opponents have not been able to identify a single 
instance in which someone has been deprived of the use of their 
property as a result of this designation.
  Tens of millions of Americans in States across the country have 
lived, worked and recreated and made their living within a heritage 
area. Despite the best efforts of opponents of these designations, they 
have never found a case where property rights were violated.
  The Government Accountability Office even investigated potential 
property rights violations and found none. Nevertheless, this bill 
contains extensive private property provisions. These private property 
protections are the same language approved by Congress in earlier bills 
and signed into law by both the Obama and Bush administrations. If the 
problem existed, the bill has the language necessary to take care of 
it.
  The other issue, in terms of law enforcement, this designation in no 
way restricts local, county, State or national law enforcement from 
carrying out its enforcement mission and its responsibility to uphold 
the law. There is no restriction, no impediment, and no redesignation 
of their mission. The mission continues. The heritage area in no way 
hinders or prohibits that mission from going on.
  I reserve the balance of my time.
  Mr. LAMBORN. I would like to inquire if there are any additional 
speakers at this point from the majority, and if not, I yield back the 
balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I have no further speakers, and I yield 
back the balance of our time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Grijalva) that the House suspend the rules 
and pass the bill, H.R. 324.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. LAMBORN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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