[Senate Report 110-170]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 368
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-170

======================================================================



 
              SANGRE DE CRISTO NATIONAL HERITAGE AREA ACT

                                _______
                                

               September 17, 2007.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 443]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 443) to establish the Sangre de Cristo 
National Heritage Area in the State of Colorado, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendent and recommends that the bill, as amended, do 
pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Sangre de Cristo National Heritage 
Area Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Heritage area.--The term ``Heritage Area'' means the 
        Sangre de Cristo National Heritage Area established by section 
        3(a).
          (2) Management entity.--The term ``management entity'' means 
        the management entity for the Heritage Area designated by 
        section 3(d).
          (3) Management plan.--The term ``management plan'' means the 
        management plan for the Heritage Area required under section 5.
          (4) Map.--The term ``map'' means the map entitled ``Proposed 
        Sangre De Cristo National Heritage Area'' and dated November 
        2005.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (6) State.--The term ``State'' means the State of Colorado.

SEC. 3. SANGRE DE CRISTO NATIONAL HERITAGE AREA.

  (a) Establishment.--There is established in the State the Sangre de 
Cristo National Heritage Area.
  (b) Boundaries.--The Heritage Area shall consist of--
          (1) the counties of Alamosa, Conejos, and Costilla; and
          (2) the Monte Vista National Wildlife Refuge, the Baca 
        National Wildlife Refuge, the Great Sand Dunes National Park 
        and Preserve, and other 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 Sangre de Cristo National Heritage Area Board of 
        Directors.
          (2) Membership requirements.--Members of the Board shall 
        include representatives from a broad cross-section 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.

SEC. 4. ADMINISTRATION.

  (a) 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, and heritage programming;
          (4) obtain money or services from any source including any 
        that are provided under any other Federal law or program;
          (5) contract for goods or services; and
          (6) undertake to be a catalyst for any other activity that 
        furthers the Heritage Area and is consistent with the approved 
        management plan.
  (b) 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, regional planning 
        organizations, and nonprofit organizations in carrying out the 
        approved management plan by--
                  (A) carrying out programs and projects that 
                recognize, protect, and enhance important resource 
                values in the Heritage Area;
                  (B) establishing and maintaining interpretive 
                exhibits and programs in the Heritage Area;
                  (C) developing recreational and educational 
                opportunities in the Heritage Area;
                  (D) increasing public awareness of, and appreciation 
                for, natural, historical, scenic, and cultural 
                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; and
                  (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the Heritage Area;
          (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 that Federal funds have been received under 
        this Act--
                  (A) submit an annual report to the Secretary 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 funds and 
                any matching funds;
                  (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.
  (c) 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.
  (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 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, and interpretation of the natural, 
        cultural, historic, scenic, and recreational resources of the 
        Heritage Area;
          (2) take into consideration State and local plans;
          (3) include--
                  (A) an inventory of--
                          (i) the resources located in the core area 
                        described in section 3(b); and
                          (ii) any other property in the core area 
                        that--
                                  (I) is related to the themes of the 
                                Heritage Area; and
                                  (II) should be preserved, restored, 
                                managed, or maintained because of the 
                                significance of the property;
                  (B) comprehensive policies, strategies and 
                recommendations for conservation, funding, management, 
                and development of the Heritage Area;
                  (C) a description of actions that governments, 
                private organizations, and individuals have agreed to 
                take to protect the natural, historical and cultural 
                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 
                        collaboration among partners to
                                  (I) promote plans for resource 
                                protection, 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) analysis and recommendations for means by which 
                local, State, and Federal 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 natural, historical, cultural, educational, scenic, 
        and recreational 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 that 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 historic resource protection 
                organizations, educational institutions, businesses, 
                and recreational 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) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                historical, and cultural 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 make 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.

                                PURPOSE

    The purpose of S. 443 is to designate the Sangre de Cristo 
National Heritage Area in the State of Colorado.

                          BACKGROUND AND NEED

    The Sangre de Cristo National Heritage Area encompasses a 
unique part of our nation's history, where the villages and 
lifestyles of some of America's earliest Spanish settlements 
still exist along with spectacular natural landscapes. The 
national heritage area includes a national park, three National 
Wildlife Refuges, a National Forest, two wilderness areas and 
15 State Wildlife Areas. The area's eastern boundary is marked 
by the Sierra Blanca within the 14,000 foot peaks of the Sangre 
de Cristo mountain range.
    The heritage area includes the oldest continuously occupied 
town in Colorado, San Luis; the oldest parish, the oldest 
church, and the first water right. The cultural traditions 
associated with these early Spanish settlements can still be 
found in this area, where Seventeenth Century Spanish is still 
spoken by a third of the local population.
    In 2005 two organizations--the Los Amigos Caminos Antiguos 
Scenic and Historic Byway and the Sangre de Cristo National 
Heritage Area Steering Committee--produced a feasibility study 
of the proposed heritage area. The study concluded that the 
area merited designation as a national heritage area.

                          LEGISLATIVE HISTORY

    S. 443 was introduced by Senators Salazar and Allard on 
January 31, 2007. The Subcommittee on National Parks held a 
hearing on the bill on March 20, 2007 (S. Hrg. 110-73).
    Senator Salazar introduced a similar bill during the 109th 
Congress, S. 2037. The Subcommittee on National Parks held a 
hearing on the bill on June 22, 2006 (S. Hrg. 109-663). No 
further action was taken on the bill.
    At its business meeting on July 25, 2007, the Committee on 
Energy and Natural Resources ordered S. 443 favorably reported 
with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass S. 443, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 443, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
deletes the Congressional findings, and modifies the management 
language for the heritage area to make it consistent with the 
authorities provided for other national heritage areas. The 
amendment also adds a requirement that the Secretary of the 
Interior conduct an evaluation of the heritage area not later 
than three years before the date authority for Federal funding 
terminates, to assess the progress of the management entity in 
accomplishing the purposes for which the heritage area was 
established and whether the goals and objectives of the 
management plan for the heritage area were achieved. The 
Secretary is required to submit a report of the findings of the 
evaluation to the Congressional authorizing committees.
    The amendment is explained in detail in the section-by-
section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Sangre de Cristo 
National Heritage Area Act.''
    Section 2 defines the key terms used in the bill.
    Section 3(a) establishes the Sangre de Cristo National 
Heritage Area (``heritage area'').
    Subsection (b) describes the boundaries of the heritage 
area.
    Subsection (c) requires that a map of the heritage area 
boundaries be included in the management plan for the heritage 
area and available for public inspection in the appropriate 
offices of the National Park Service.
    Subsection (d) designates the Sangre de Cristo National 
Heritage Area Board of Directors as the management entity for 
the heritage area. Members of the Board shall include 
representatives from a broad cross-section of the individuals, 
agencies, organizations, and governments that were involved in 
the planning and development of the heritage area.
    Section 4(a) authorizes the Secretary of the Interior 
(``Secretary''), acting through the management entity, to make 
grants in furtherance of the purposes of the heritage area, 
enter into cooperative agreements or provide technical 
assistance, hire staff, contract for goods and services, and 
undertake to be a catalyst for any other activity that furthers 
the heritage area and is consistent with the approved 
management plan.
    Subsection (b) lists the duties of the management entity.
    Subsection (c) prohibits the management entity from using 
Federal funds made available under this Act to acquire real 
property or an interest in real property.
    Subsection (d) requires any Federal funding for the 
heritage area to be matched on a 50:50 basis with non-Federal 
funds.
    Section 5(a) requires the management entity to submit a 
management plan for the heritage area to the Secretary not 
later than 3 years after the day of enactment of the Act.
    Subsection (b) lists the requirements for the management 
plan.
    Subsection (c) provides that if the management plan is not 
submitted to the Secretary within three years after the date of 
enactment, the management entity is ineligible to receive 
further Federal funding until the plan is submitted.
    Subsection (d) requires the Secretary to approve or 
disapprove the management plan within six months after it is 
submitted. The subsection also lists the criteria the Secretary 
is to use in approving the plan, and describes the procedure to 
be followed if the plan is not approved.
    Section 6 describes the relationship of other Federal 
agencies to the heritage area.
    Subsection (a) clarifies that nothing in this Act affects 
the authority of a Federal agency to provide technical or 
financial assistance under any other law.
    Subsection (b) encourages the head of a Federal agency 
planning to conduct activities that may have an impact on the 
heritage area to consult and coordinate the activities with the 
Secretary and the management entity to the maximum extent 
practicable.
    Subsection (c) clarifies that nothing in this Act modifies 
authorities of Federal agencies to manage Federal land, limits 
the discretion of a Federal agency to implement an approved 
land use plan, or modifies or alters any authorized use of 
Federal land.
    Section 7 contains several savings provisions to clarify 
that the designation of the national heritage area will not 
affect private property rights, affect governmental land use 
regulation, reserve or appropriate water rights, diminish the 
authority of the State to manage fish and wildlife, or create 
any liability for property owners within the heritage area.
    Section 8(a) requires the Secretary to conduct an 
evaluation of the accomplishments of the national heritage area 
not later than three years before the date Federal funding 
authority terminates.
    Subsection (b) provides that the evaluation shall assess 
the progress of the management entity with respect to 
accomplishing the purposes of this Act for the heritage area 
and whether the management entity achieved the goals and 
objectives of the approved management plan for the heritage 
area. The evaluation is also required to analyze governmental 
investments in the heritage area to determine the leverage and 
impact of the investments.
    Subsection (c) requires the Secretary to prepare a report, 
based on the evaluation, that includes recommendations for the 
future role of the National Park Service, if any, for the 
heritage area. If the report recommends that Federal funding 
for the area be reauthorized, it is required to include an 
analysis of ways Federal funding may be reduced or eliminated. 
The report is to be submitted to the House and Senate 
authorizing committees.
    Section 9 authorizes total appropriations of $10 million, 
with not more than $1 million appropriated for any fiscal year, 
and subject to the non-Federal match.
    Section 10 provides that the authority of the Secretary to 
provide assistance under this Act terminates 15 years after the 
date of enactment.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:
                                                     July 31, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 443, the Sangre de 
Cristo National Heritage Area Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 443--Sangre de Cristo National Heritage Area Act

    Summary: S. 443 would establish the Sangre de Cristo 
National Heritage Area (NHA) in Colorado. The bill would create 
a board of directors to serve as the first local coordinating 
entity for the proposed NHA. The board of directors would be 
responsible for developing a management plan for the NHA and 
assisting local governments and nonprofit agencies in 
implementing the plan.
    The legislation would authorize the appropriation of $10 
million, not to exceed $1 million annually, for financial 
assistance to the commission or other eligible entities over 
the next 15 years. CBO estimates that implementing S. 443 would 
cost $5 million over the 2008-2012 period, with additional 
amounts spent after 2012.
    Enacting S. 443 would have no effect on direct spending or 
revenues. The bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA).
    Estimated cost to the federal government: The estimated 
budgetary impact of S. 443 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...       1       1       1       1       1
Estimated Outlays...............       1       1       1       1       1
------------------------------------------------------------------------

    Basis of estimate: Assuming appropriation of the authorized 
amounts, CBO estimates that implementing S. 443 would cost $5 
million over the 2008-2012 period and $5 million over the 
following five to 10 years. Such amounts would be used to cover 
a portion of the costs of planning, establishing, operating, 
and interpreting the heritage area.
    Intergovernmental and private-sector impact: S. 443 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. State and local governments could benefit from 
grants and technical assistance authorized by the bill for 
activities related to the new heritage area.
    Estimate prepared by: Federal Costs: Deborah Reis and David 
Reynolds; Impact on State, Local, and Tribal Governments: Leo 
Lex; Impact on the Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 443. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 443, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior at 
the March 20, 2007, Subcommittee hearing on S. 443 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to appear before you today to present the 
Department of the Interior's views on S. 443, a bill to 
establish the Sangre de Cristo National Heritage Area in the 
State of Colorado.
    Two grassroots organizations, the Los Amigos Caminos 
Antiguos Scenic and Historic Byway and the Sangre de Cristo NHA 
Steering Committee, collaborated on a 2005 study which found 
the Sangre de Cristo region appropriate for designation. 
Nevertheless, we recommend that the committee defer action on 
S. 443 and all other proposed heritage area designations until 
program legislation is enacted that establishes guidelines and 
a process for the designation of national heritage areas. Last 
year, the Administration sent to Congress a legislative 
proposal to establish guidelines and a process for designation. 
Bills were introduced in the 109th Congress (S. 243, H.R. 760 
and H.R. 6287) that incorporated the majority of the provisions 
of the Administration's proposal, and S. 243 passed the Senate. 
During the 110th Congress, a similar heritage area program 
bill, S. 278, has been introduced, and we look forward to 
continuing to work with Congress on this very important issue.
    With 37 national heritage areas designated across 27 
states, and more heritage area legislative proposals in the 
pipeline, the Administration believes it is critical at this 
juncture for Congress to enact national heritage area program 
legislation. This legislation would provide a much-needed 
framework for evaluating proposed national heritage areas, 
offering guidelines for successful planning and management, 
clarifying the roles and responsibilities of all parties, and 
standardizing timeframes and funding for designated areas. 
Program legislation also would clarify the expectation that 
heritage areas would work toward self-sufficiency by outlining 
the necessary steps, including appropriate planning, to achieve 
that shared goal.
    S. 443 would establish the Sangre de Cristo National 
Heritage Area (NHA) to recognize the outstanding and nationally 
significant natural, cultural, scenic and recreational 
resources found within the San Luis Valley of Colorado. The 
Department testified, in a hearing before this subcommittee, on 
S. 2037, a similar bill, in the 109th Congress.
    S. 443 contains safeguards to protect private property, 
including a prohibition on the use of federal funds to acquire 
real property. The bill proposes no new restrictions with 
regard to public use and access to private property and does 
not convey any water right or water restrictions to the federal 
government.
    S. 443 designates the Sangre de Cristo National Heritage 
Area Board of Directors as the management entity and outlines 
their duties. The Board represents a broad spectrum of the 
valley's residents, organizations, and agencies that were 
involved in the planning for the NHA. The bill also authorizes 
the development of a management plan within three years of 
enactment and authorizes the use of federal funds to develop 
and implement that plan. If the plan is not submitted within 
three years of enactment of this Act, the Heritage Area becomes 
ineligible for federal funding until a plan is submitted to the 
Secretary. Additionally, the Secretary may, at the request of 
the management entity, provide technical assistance and enter 
into cooperative agreements with other public and private 
entities.
    Exceeding 7,700 feet in elevation, the San Luis Valley is 
flanked by the Sangre de Cristo and San Juan Mountains and the 
geology and climatology within the valley have contributed to 
the formation of America's tallest Sand Dunes, part of Great 
Sand Dunes National Park and Preserve.
    The Rio Grande, the second largest river in North America, 
has its headwaters within the proposed NHA and twists its way 
through the San Luis Valley on a 1,900-mile journey, offering 
outstanding scenic and recreational opportunities, including 
trout fishing, rafting, and tubing. The availability of water 
in this largely arid and alpine environment tends to 
concentrate the abundant wildlife in highly visible and public 
preserves creating exceptional wildlife and bird watching 
opportunities.
    The area's rich natural resources include one National 
Park, three National Wildlife Refuges, one National Forest, two 
National Forest Wilderness Areas, six Areas of Critical 
Environmental Concern administered by the Bureau of Land 
Management, and 15 State Wildlife Areas. The cultural resources 
associated with the proposed national heritage are equally 
impressive. The San Luis Valley with its abundant natural 
resources may have been inhabited by native peoples including 
the Ute, Navajo, Apache, Tiwa, Tewa, Comanche, Kiowa, and 
Arapaho for more than 12,000 years.
    More recently, the San Luis Valley served as a crossroads 
for European exploration and settlement. Spanish explorers and 
Franciscan priests first entered the valley in 1776 in an 
attempt to strengthen Spain's weak hold on her remote empire. 
Captain Zebulon Montgomery Pike camped in the shadows of the 
Sangre de Cristo Range along the banks of the Conejos River and 
was captured by Spanish soldiers, arrested for trespassing on 
Spanish soil, and escorted to Mexico for questioning. His 
campsite is commemorated as a National Historic Landmark along 
with 22 other properties that are listed on the National 
Register of Historic Places.
    Extensive Mexican land grants triggered the initial 
settlement of the area as families from northern New Mexico 
found enough water to support their sheep and water their 
crops. The proposed NHA contains the oldest continuously 
occupied town in Colorado, (San Luis), the oldest parish (Our 
Lady of Guadalupe), the oldest church (San Acacio), and the 
first water right (San Luis People's Ditch).
    The Hispanic cultural traditions associated with this first 
wave of European settlement can still be found in this isolated 
and predominantly agricultural region of Colorado where a 
version of 17th century Spanish is still spoken by about 35% of 
the population.
    The feasibility of recognizing the area's impressive 
cultural and natural resources as a national heritage area was 
the subject of a study produced in 2005 by two grassroots 
organizations, the Los Amigos Caminos Antiguos Scenic and 
Historic Byway, in conjunction with the Sangre de Cristo NHA 
Steering Committee.
    The feasibility study was largely based upon the results of 
a symposium held in the fall of 2002 where scientists, 
historians, and anthropologists from interested colleges as 
well as local ranchers, community leaders, and tribal elders 
presented papers on the history, natural resources and local 
culture of the San Luis Valley. The feasibility study 
identified four interpretive themes for the NHA and addressed 
the ten interim criteria that the National Park Service has 
developed for designation of national heritage areas. The study 
concluded that the area's cultural and natural resources met 
those criteria.
    All local governments within the proposed area have passed 
resolutions in support of the establishment of the proposed 
NHA. Moreover, State and federal land managers within the 
proposed NHA have expressed a willingness to work with the 
management entity in accomplishing their congressionally 
authorized conservation and education responsibilities.
    If the committee chooses to move forward with this bill, 
the Department would recommend that the bill be amended to 
include an additional requirement for an evaluation to be 
conducted by the Secretary, three years prior to the cessation 
of federal funding under this act. The evaluation would examine 
the accomplishments of the heritage area in meeting the goals 
of the management plan; analyze the leveraging and impact of 
investments to the heritage area; identify the critical 
components of the management structure and sustainability of 
the heritage area; and recommend what future role, if any, the 
National Park Service should have with respect to the heritage 
area.
    We also recommend that the bill be amended to remove 
paragraph 5(d)(2) which would require 100 percent federal 
funding prior to completion of the management plan and to 
change the termination authority in Section 11 to expire 15 
years after enactment. In addition, we would like to work with 
the Subcommittee to ensure that the management planning process 
is coordinated with the affected federal land management 
entities. These amendments would make S. 443 consistent with 
other, similar, national heritage area establishment bills.
    Mr. Chairman, this concludes my prepared remarks. I would 
be pleased to answer any questions you or other members of the 
Subcommittee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 443, as ordered 
reported.

                                  
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