[Senate Report 110-171]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 369
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-171

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



 
                 SOUTH PARK 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. 444]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 444) to establish the South Park National 
Heritage Area in the State of Colorado, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment 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 ``South Park National Heritage Area 
Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Board.--The term ``Board'' means the Board of Directors 
        of the South Park National Heritage Area, comprised initially 
        of the individuals, agencies, organizations, and governments 
        that were involved in the planning and development of the 
        Heritage Area before the date of enactment of this Act.
          (2) Heritage area.--The term ``Heritage Area'' means the 
        South Park National Heritage Area established by section 3(a).
          (3) Management entity.--The term ``management entity'' means 
        the management entity for the Heritage Area designated by 
        section 3(d)(1).
          (4) Management plan.--The term ``management plan'' means the 
        management plan for the Heritage Area required by section 5.
          (5) Map.--The term ``map'' means the map entitled ``South 
        Park National Heritage Area Map (Proposed)'', dated January 30, 
        2006.
          (6) Partner.--The term ``partner'' means a Federal, State, or 
        local governmental entity, organization, private industry, 
        educational institution, or individual involved in the 
        conservation, preservation, interpretation, development or 
        promotion of heritage sites or resources of the Heritage Area.
          (7) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (8) State.--The term ``State'' means the State of Colorado.
          (9) Technical assistance.--The term ``technical assistance'' 
        means any guidance, advice, help, or aid, other than financial 
        assistance, provided by the Secretary.

SEC. 3. SOUTH PARK NATIONAL HERITAGE AREA.

  (a) Establishment.--There is established in the State the South Park 
National Heritage Area.
  (b) Boundaries.--The Heritage Area shall consist of the areas 
included in the map.
  (c) Map.--A map of the Heritage Area shall be--
          (1) included in the management plan; and
          (2) on file and available for public inspection in the 
        appropriate offices of the National Park Service.
  (d) Management Entity.--
          (1) In general.--The management entity for the Heritage Area 
        shall be the Park County Tourism & Community Development 
        Office, in conjunction with the South Park National Heritage 
        Area Board of Directors.
          (2) Membership requirements.--Members of the Board shall 
        include representatives from a broad cross-section of 
        individuals, agencies, organizations, and governments that were 
        involved in the planning and development of the Heritage Area 
        before the date of enactment of this Act.

SEC. 4. ADMINISTRATION.

  (a) Prohibition on the Acquisition of Real Property.--The management 
entity shall not use Federal funds made available under this Act to 
acquire real property or any interest in real property.
  (b) Authorities.--For purposes of carrying out the management plan, 
the Secretary, acting through the management entity, may use amounts 
made available under this Act to--
          (1) make grants to the State or a political subdivision of 
        the State, nonprofit organizations, and other persons;
          (2) enter into cooperative agreements with, or provide 
        technical assistance to, the State or a political subdivision 
        of the State, nonprofit organizations, and other interested 
        parties;
          (3) hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resources protection, fundraising, heritage facility planning 
        and development, and heritage tourism programming;
          (4) obtain funds or services from any source, including funds 
        or services that are provided under any other Federal law or 
        program;
          (5) enter into contracts for goods or services; and
          (6) to facilitate the conduct of other projects and 
        activities that further the Heritage Area and are consistent 
        with the approved management plan.
  (c) Duties.--The management entity shall--
          (1) in accordance with section 5, prepare and submit a 
        management plan for the Heritage Area to the Secretary;
          (2) assist units of local government, local property owners 
        and businesses, and nonprofit organizations in carrying out the 
        approved management plan by--
                  (A) carrying out programs and projects that 
                recognize, protect, enhance, and promote important 
                resource values in the Heritage Area;
                  (B) establishing and maintaining interpretive 
                exhibits and programs in the Heritage Area;
                  (C) developing economic, recreational and educational 
                opportunities in the Heritage Area;
                  (D) increasing public awareness of, and appreciation 
                for, historical, cultural, scenic, recreational, 
                agricultural, and natural resources of the Heritage 
                Area;
                  (E) protecting and restoring historic sites and 
                buildings in the Heritage Area that are consistent with 
                Heritage Area themes;
                  (F) ensuring that clear, consistent, and appropriate 
                signs identifying points of public access, and sites of 
                interest are posted throughout the Heritage Area;
                  (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the Heritage Area; and
                  (H) planning and developing new heritage attractions, 
                products and services.
          (3) consider the interests of diverse units of government, 
        businesses, organizations, and individuals in the Heritage Area 
        in the preparation and implementation of the management plan;
          (4) conduct meetings open to the public at least semiannually 
        regarding the development and implementation of the management 
        plan;
          (5) for any year for which Federal funds have been received 
        under this Act--
                  (A) submit to the Secretary an annual report that 
                describes the activities, expenses, and income of the 
                management entity (including grants to any other 
                entities during the year that the report is made);
                  (B) make available to the Secretary for audit all 
                records relating to the expenditure of the Federal 
                funds and any matching funds; and
                  (C) require, with respect to all agreements 
                authorizing expenditure of Federal funds by other 
                organizations, that the organizations receiving the 
                funds make available to the Secretary for audit all 
                records concerning the expenditure of the funds; and
          (6) encourage by appropriate means economic viability that is 
        consistent with the Heritage Area.
  (d) Cost-Sharing Requirement.--The Federal share of the cost of any 
activity carried out using any assistance made available under this Act 
shall be 50 percent.

SEC. 5. MANAGEMENT PLAN.

  (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the management entity, with public participation, shall 
submit to the Secretary for approval a proposed management plan for the 
Heritage Area.
  (b) Requirements.--The management plan shall--
          (1) incorporate an integrated and cooperative approach for 
        the protection, enhancement, interpretation, development, and 
        promotion of the historical, cultural, scenic, recreational, 
        agricultural, and natural resources of the Heritage Area;
          (2) take into consideration State and local plans;
          (3) include--
                  (A) an inventory of--
                          (i) the resources located within the areas 
                        included in the map; and
                          (ii) any other eligible and participating 
                        property within the areas included in the map 
                        that--
                                  (I) is related to the themes of the 
                                Heritage Area; and
                                  (II) should be preserved, restored, 
                                managed, maintained, developed, or 
                                promoted because of the significance of 
                                the property;
                  (B) comprehensive policies, strategies, and 
                recommendations for conservation, funding, management, 
                development, and promotion of the Heritage Area;
                  (C) a description of actions that governments, 
                private organizations, and individuals have agreed to 
                take to manage protect the historical, cultural, 
                scenic, recreational, agricultural, and natural 
                resources of the Heritage Area;
                  (D) a program of implementation for the management 
                plan by the management entity that includes a 
                description of--
                          (i) actions to facilitate ongoing and 
                        effective collaboration among partners to 
                        promote plans for resource protection, 
                        enhancement, interpretation, restoration, and 
                        construction; and
                          (ii) specific commitments for implementation 
                        that have been made by the management entity or 
                        any government, organization, or individual for 
                        the first 5 years of operation;
                  (E) the identification of sources of funding for 
                carrying out the management plan;
                  (F) an analysis of and recommendations for means by 
                which Federal, State, and local programs, including the 
                role of the National Park Service in the Heritage Area, 
                may best be coordinated to carry out this Act; and
                  (G) an interpretive plan for the Heritage Area; and
          (4) recommend policies and strategies for resource management 
        that consider and detail the application of appropriate land 
        and water management techniques, including the development of 
        intergovernmental and interagency cooperative agreements to 
        protect the historical, cultural, scenic, recreational, 
        agricultural, and natural resources of the Heritage Area.
  (c) Deadline.--If a proposed management plan is not submitted to the 
Secretary by the date that is 3 years after the date of enactment of 
this Act, the management entity shall be ineligible to receive 
additional funding under this Act until the date on which the Secretary 
receives and approves the management plan.
  (d) Approval or Disapproval of Management Plan.--
          (1) In general.--Not later than 180 days after the date of 
        receipt of the management plan under subsection (a), the 
        Secretary, in consultation with the State, shall approve or 
        disapprove the management plan.
          (2) Criteria for approval.--In determining whether to approve 
        the management plan, the Secretary shall consider whether--
                  (A) the management entity is representative of the 
                diverse interests of the Heritage Area, including 
                governments, natural and historical resource protection 
                organizations, educational institutions, local 
                businesses and industries, community organizations, 
                recreational organizations, and tourism organizations;
                  (B) the management entity has afforded adequate 
                opportunity, including public hearings, for public and 
                governmental involvement in the preparation of the 
                management plan; and
                  (C) strategies contained in the management plan, if 
                implemented, would adequately balance the voluntary 
                protection, development, and interpretation of the 
                natural, historical, cultural, scenic, recreational, 
                and agricultural resources of the Heritage Area.
          (3) Action following disapproval.--If the Secretary 
        disapproves the management plan under paragraph (1), the 
        Secretary shall--
                  (A) advise the management entity in writing of the 
                reasons for the disapproval;
                  (B) make recommendations for revisions to the 
                management plan; and
                  (C) not later than 180 days after the receipt of any 
                proposed revision of the management plan from the 
                management entity, approve or disapprove the proposed 
                revision.
          (4) Amendments.--
                  (A) In general.--The Secretary shall approve or 
                disapprove each amendment to the management plan that 
                the Secretary determines makes a substantial change to 
                the management plan.
                  (B) Use of funds.--The management entity shall not 
                use Federal funds authorized by this Act to carry out 
                any amendments to the management plan until the 
                Secretary has approved the amendments.

SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

  (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law.
  (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct activities that may have an impact on the Heritage 
Area is encouraged to consult and coordinate the activities with the 
Secretary and the management entity to the maximum extent practicable.
  (c) Other Federal Agencies.--Nothing in this Act--
          (1) modifies, alters, or amends any law or regulation 
        authorizing a Federal agency to manage Federal land under the 
        jurisdiction of the Federal agency;
          (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
          (3) modifies, alters, or amends any authorized use of Federal 
        land under the jurisdiction of a Federal agency.

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

  Nothing in this Act--
          (1) abridges the rights of any property owner (whether public 
        or private), including the right to refrain from participating 
        in any plan, project, program, or activity conducted within the 
        Heritage Area;
          (2) requires any property owner to permit public access 
        (including access by Federal, State, or local agencies) to the 
        property of the property owner, or to modify public access or 
        use of property of the property owner under any other Federal, 
        State, or local law;
          (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State or local agency, or conveys any land use or other 
        regulatory authority to the management entity;
          (4) authorizes or implies the reservation or appropriation of 
        water or water rights;
          (5) diminishes the authority of the State to manage fish and 
        wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
          (6) creates any liability, or affects any liability under any 
        other law, of any private property owner with respect to any 
        person injured on the private property.

SEC. 8. EVALUATION; REPORT.

  (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area, the 
Secretary shall--
          (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
          (2) prepare a report in accordance with subsection (c).
  (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
          (1) assess the progress of the management entity with respect 
        to--
                  (A) accomplishing the purposes of this Act for the 
                Heritage Area; and
                  (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
          (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
          (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area for purposes of 
        identifying the critical components for sustainability of the 
        Heritage Area.
  (c) Report.--
          (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), the Secretary shall prepare a report that 
        includes recommendations for the future role of the National 
        Park Service, if any, with respect to the Heritage Area.
          (2) Required analysis.--If the report prepared under 
        paragraph (1) recommends that Federal funding for the Heritage 
        Area be reauthorized, the report shall include an analysis of--
                  (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                  (B) the appropriate time period necessary to achieve 
                the recommended reduction or elimination.
          (3) Submission to congress.--On completion of the report, the 
        Secretary shall submit the report to--
                  (A) the Committee on Energy and Natural Resources of 
                the Senate; and
                  (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated to carry out this Act 
$10,000,000, of which not more than $1,000,000 may be made available 
for any fiscal year.

SEC. 10. TERMINATION OF AUTHORITY.

  The authority of the Secretary to provide assistance under this Act 
terminates on the date that is 15 years after the date of enactment of 
this Act.

                                PURPOSE

    The purpose of S. 444 is to designate the South Park 
National Heritage Area in Park County, Colorado.

                          BACKGROUND AND NEED

    Park County, Colorado, with an average elevation of 9,000 
feet, has been described as a microcosm of Western history and 
natural history. Located in the Rocky Mountains, the area is 
home to the nation's highest incorporated town, a Pleistocene 
fossil site, gold mines, cattle ranches, and rare plant 
communities. The proposed heritage area presents an opportunity 
to interpret life at high altitude during the early settlement 
and development of the American West.
    Located in the geographic center of Colorado, South Park 
was a historical lifeline for Ute Indians, trappers, miners and 
ranchers. Native Americans and prospectors traveled through 
mountain passes to enter South Park in search of natural 
resource riches. Later roads and railroads followed these high 
routes and provided a connection to downstream communities. The 
proposed heritage area's collection of historic and cultural 
resources provides excellent opportunities to interpret life, 
industry and agriculture during the Nineteenth Century on the 
western frontier.

                          LEGISLATIVE HISTORY

    S. 444 was introduced by Senator Salazar on January 31, 
2007. The Subcommittee on National Parks held a hearing on the 
bill on March 20, 2007 (S. Hrg. 110-73). At its business 
meeting on July 25, 2007, the Committee on Energy and Natural 
Resources ordered S. 444 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. 444, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 444, 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 ``South Park 
National Heritage Area Act.''
    Section 2 defines the key terms used in the bill.
    Section 3(a) establishes the South Park 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 Park County Tourism & 
Community Development Office, in conjunction with the South 
Park 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) prohibits the management entity from using 
Federal funds made available under this Act to acquire real 
property or an interest in real property.
    Subsection (b) 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 (c) lists the duties of the management entity.
    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 requirement.
    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. 444, the South Park 
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. 444--South Park National Heritage Area Act

    Summary: S. 444 would establish the South Park National 
Heritage Area (NHA) in Colorado. The bill would create a board 
of directors to serve as the local coordinating entity for the 
proposed NHA in partnership with the Park County Tourism and 
Community Development Office. 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. 444 would 
cost $5 million over the 2008-2012 period, with additional 
amounts spent after 2012.
    Enacting S. 444 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. 444 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. 444 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. 444 
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 the 
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. 444. 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. 444, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior at 
the March 20, 2007, Subcommittee hearing on S. 444 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                    U.S. 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. 444, a bill to 
establish the South Park National Heritage Area in the State of 
Colorado.
    Park County, Colorado prepared a feasibility study for the 
South Park National Heritage Area that determined that the 
South Park region is appropriate for designation. The Park 
Service is reviewing this feasibility study. Nevertheless, we 
recommend that the committee defer action on S. 444 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. 444 would establish the South Park National Heritage 
Area to recognize the outstanding and nationally significant 
assemblage of natural, scenic, recreational and cultural 
resources found within South Park, which encompasses the 
largest mountain shortgrass grassland ever documented.
    S. 444 contains safeguards to protect private property 
owners, including a prohibition on the use of federal funding 
to acquire real property or any interest in real property. The 
bill imposes no new provisions to provide for public use and 
access to private property or any new liabilities to property 
owners. The bill also does not modify or enlarge the authority 
of the federal, State, or local governments to regulate land 
use.
    S. 444 would designate the Park County Tourism and 
Community Development Office, in conjunction with the South 
Park National Heritage Area Board of Directors as the 
management entity and outlines their duties. The Park County 
Tourism and Development Office has played a key leadership role 
in the conservation and interpretation of South Park's 
resources since the area was designated a Colorado State 
Heritage Area in 1997. The Board of Directors represents a 
broad spectrum of individuals, agencies, organizations and 
governments who have been actively engaged in the planning for 
the NHA. The bill authorizes the development of a management 
plan for the NHA within three years of the enactment of this 
Act, or risk becoming ineligible for federal funding until a 
plan is submitted to the Secretary.
    A feasibility study for the South Park National Heritage 
Area has been prepared by Park County, Colorado, which 
addresses the ten interim criteria used to assess National 
Heritage Area designations. That study determined that the area 
is appropriate for designation.
    South Park, a high mountain valley, or park, averages 9,000 
feet in elevation and rises to more than 14,000 feet in the 
surrounding Mosquito and Tarryall Mountain ranges. These 
mountain ranges contain some of the most extensive bristlecone 
pine forests in North America and 41 rare plant species, three 
of which are found nowhere else in the world. The Tarryall 
Mountains also contain the Lost Creek Scenic Area National 
Natural Landmark, where geological forces have sculpted natural 
spires, pinnacles, narrow gorges, and subterranean channels 
that cause Lost Creek to disappear and reappear at least nine 
times on its cascading journey through the park.
    The mountainous region in the southwest corner of South 
Park also includes Porcupine Cave, one of the richest and most 
diverse paleontological sites in North America. At an elevation 
of 9,400 feet, Porcupine Cave contains a vertebrate faunal 
collection from the Middle Pleistocene Era in North America.
    Entering South Park from 10,000 foot Kenosha Pass, visitors 
experience one of the most dramatic and scenic views within the 
Rocky Mountains. Encompassing nearly 1 million acres, this 
unique high elevation steppe constitutes the most extensive 
montane shortgrass grassland ever recorded. South Park also 
contains a unique wetland ecosystem containing 15 rare plants, 
nine rare insects, and two globally rare plant communities
    Evidence of Native American habitation can be traced back 
nearly 11,000 years to the end of the last ice age. South 
Park's high mountains, clear streams, expansive grasslands, and 
abundant wildlife also attracted pioneering settlers westward.
    South Park represented one of the last frontiers in the 
settlement of the continental United States, with hopeful 
prospectors arriving in the mid-19th century. Between 1859 and 
1949, more than $250 million in gold and silver were produced 
within the Fairplay-Alma Mining District. At 14,157 feet, the 
Present Help is the highest mine ever to operate in the United 
States. Numerous other historic sites, mining towns, mills, and 
cultural landscapes exist within South Park including the 
Snowstorm Dredge, the last intact gold dredge in Colorado, 
currently on the list of Colorado's Most Endangered Places.
    Ranchers soon followed the miners into South Park, hoping 
to graze their cattle on the rich grasslands and capitalize on 
the hearty appetites of the miners. Many followed the famous 
Goodnight-Loving Trail up from Young County, Texas and eastern 
Colorado. The highest concentration of historic ranches can be 
found along the Tarryall River Corridor where a recent survey 
identified more than 32 historic sites associated with frontier 
ranching.
    An hour's drive from the Denver Metro area, South Park also 
offers abundant recreational opportunities. The South Park 
basin contains portions of two wilderness areas--Lost Creek and 
Buffalo Peaks--located on the Pike and San Isabel National 
Forests. The towering Mosquito Mountain range offers the only 
place in the United States where climbers can ascend four peaks 
above 14,000 feet in a single day. In addition, South Park 
contains over 45 miles of Gold Medal Trout streams available to 
anglers. At least six different driving tours have been 
developed to help travelers learn more about the cultural and 
natural heritage of South Park. Park County has identified four 
interpretive themes to assist communities and other partners 
with their education programs.
    Support for the South Park National Heritage Area comes 
from a broad spectrum of local, State and national governmental 
and non-profit organizations. In addition, all State and 
federal land management agencies with operations within South 
Park have endorsed the NHA and stated their willingness to work 
collaboratively with the management entity. In addition, a 
National Heritage Area Partnership has been established, 
including 21 distinct entities such as the Central Cattleman's 
Association and all local governments in Park County, to help 
achieve the 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 6(a)(2) which would authorize the management entity 
to use federal funds to acquire conservation easements, 
paragraph 6(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. 444 consistent with 
other, similar, national heritage area establishment bills and 
would allow the management entity to use the limited funds 
available for purposes other than acquiring potentially costly 
land interests.
    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. 444, as ordered 
reported.

                                  
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