[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 859 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 859
To establish the Sangre de Cristo National Heritage Area in the State
of Colorado, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2007
Mr. Salazar introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Sangre de Cristo National Heritage Area in the State
of Colorado, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sangre de Cristo National Heritage
Area Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the exceptional culture, the rich natural resources,
the variety of recreational opportunities, and the unparalleled
history of the San Luis Valley are of national significance and
are deserving of recognition, conservation, interpretation, and
continuing use;
(2) the people of the San Luis Valley have, for centuries,
found ways to cultivate and preserve their cultural and natural
heritage;
(3) the efforts of the peoples of Conejos, Costilla, and
Alamosa Counties to form the Sangre de Cristo National Heritage
Area reinforce this tradition of stewardship;
(4) the Sangre de Cristo National Heritage Area contains
historic structures and land that were central to the
development of the West, including Mexican land grants, the
narrow gauge railroad now known as the ``Cumbres and Toltec
Scenic Railroad'', and Fort Garland;
(5) the Sangre de Cristo National Heritage Area is a
nationally significant cradle of Hispano culture;
(6) the language, art, architecture, religion, tradition,
and folklore of Native Americans, early Spanish colonists, and
Mexican settlers of the Southwest are alive and thriving in the
area, as exemplified in that--
(A) 17th century Spanish is still spoken by about
35 percent of the population of the Sangre de Cristo
region;
(B) the towns of San Luis and Antonito, which are
among the oldest settlements in Colorado--
(i) still contain moradas, placitas,
historic churches, murals, the first mercantile
of the region, the first water right, and La
Vega; and
(ii) regularly host festivals and religious
celebrations, including the centuries old
procession of Los Hermanos Penitentes; and
(C) the Sangre de Cristo National Heritage Area,
inhabited for over 11,000 years by native peoples,
including the Ute, Navajo, Apache, Tiwa, Tewa,
Comanche, Kiowa, and Arapaho, remains central to native
cultures and is home to--
(i) Mount Blanca, or Sisnaajini, a sacred
mountain for the Navajo and other peoples that
marks the eastern boundary of their world; and
(ii) petroglyphs and pictographs along the
Rio Grande, telling the stories and cosmologies
of early inhabitants;
(7) the Sangre de Cristo National Heritage Area, flanked by
the San Juan and the Sangre de Cristo Mountains, lies in 1 of
the largest alpine valleys in North America and is home to an
unparalleled combination of natural resources that are
protected by the good stewardship of private landowners and by
State and Federal landholdings, including--
(A) the Great Sand Dunes National Park and
Preserve;
(B) the Great Sand Dunes Wilderness Area;
(C) the Baca National Wildlife Refuge, the Monte
Vista National Wildlife Refuge, and the Alamosa
National Wildlife Refuge;
(D) the Rio Grande National Forest;
(E) the Sangre de Cristo Wilderness and the San
Juan Wilderness;
(F) the Blanca Wetlands Complex, the Blanca Special
Recreation Management Area, and the Rio Grande Special
Recreation Area;
(G) the San Luis Lakes State Park; and
(H) 15 State Wildlife Areas, consisting of--
(i) the Higel State Wildlife Area;
(ii) the Playa Blanca State Wildlife Area;
(iii) the San Luis Lakes State Wildlife
Area;
(iv) the Conejos County Ponds State
Wildlife Area;
(v) the Conejos River State Wildlife Area;
(vi) the Hot Creek State Wildlife Area;
(vii) the La Jara Reservoir State Wildlife
Area;
(viii) the La Jara State Wildlife Area;
(ix) the Poso State Wildlife Area;
(x) the Sego Springs State Wildlife Area;
(xi) the Terrace Reservoir State Wildlife
Area;
(xii) the Trujillo Meadows State Wildlife
Area;
(xiii) the Mountain Home Reservoir State
Wildlife Area;
(xiv) the Sanchez Reservoir State Wildlife
Area; and
(xv) the Smith Reservoir State Wildlife
Area.
(b) Purposes.--The purpose of this Act is to establish the Heritage
Area--
(1) to carry out the national heritage area alternative as
described in the document entitled ``Sangre de Cristo National
Heritage Area Feasibility Study, 2005'', dated November, 2005;
(2) 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 San Luis Valley to--
(A) conserve the heritage of the region; and
(B) continue to pursue compatible economic
opportunities; and
(3) to assist communities, organizations, and citizens in
the State of Colorado 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.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Sangre de Cristo National Heritage Area, established in section
4(a).
(2) Management entity.--The term ``Management Entity''
means the management entity for the Heritage Area designated by
section 4(d).
(3) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area required section 6.
(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. 4. 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. 5. 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 6, 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.--
(1) In general.--Except as provided in subsection (b), the
Federal share of the cost of any activity carried out using any
assistance made available under this Act shall be 50 percent.
(2) Exception.--During the period before the management
entity completes the management plan under section 6, the
Federal share of the cost of any activity described in
paragraph 1 may be 100 percent.
SEC. 6. 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 4(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 90 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 60 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. 7. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting an activity that
directly affects the Heritage Area shall--
(1) consult with the Secretary and the management entity
regarding the activity;
(2) cooperate with the Secretary and the management entity
in carrying out the duties of the Federal agency under this
Act;
(3) to the maximum extent practicable, coordinate the
activity with carrying out those duties; and
(4) to the maximum extent practicable, conduct the activity
in a manner that the management entity determines will not have
an adverse effect on the Heritage Area.
SEC. 8. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act--
(1) requires any private property owner to allow public
access (including Federal, State, or local government access)
to the private property; or
(2) modifies any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not impose
any liability on, or to have any effect on any liability under any
other law on, any private property owner with respect to any person
injured on the private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
Act modifies the authority of the Federal Government or State or local
governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act requires the owner of any private property located
within the boundaries of the Heritage Area to participate in or be
associated with the Heritage Area.
(e) Effect of Establishment.--
(1) In general.--The boundaries designated for the Heritage
Area shall constitute the area within which Federal funds made
available to carry out this Act may be expended.
(2) Regulatory authority.--The establishment of the
Heritage Area and the boundaries of the Heritage Area shall not
provide any regulatory authority that would not otherwise apply
to govern land use within the Heritage Area or the viewshed of
the Heritage Area by the Secretary, the National Park Service,
or the management entity.
SEC. 9. WATER RIGHTS.
(a) Statement of Policy.--Nothing in this Act is meant to modify
the Rio Grande Natural Area Act.
(b) Applicability.--Nothing in this Act--
(1) amends, modifies, or is in conflict with the Act of May
31, 1939 (53 Stat. 785, chapter 155);
(2) authorizes the regulation of private land in the
Heritage Area;
(3) authorizes the imposition of any mandatory streamflow
requirements;
(4) creates an express or implied Federal reserved water
right;
(5) imposes any Federal water quality standard within or
upstream of the Heritage Area that is more restrictive than
would be applicable had the Heritage Area not been established;
or
(6) prevents the State of Colorado from acquiring an
instream flow through the Heritage Area under the terms,
conditions, and limitations of State law to assist in
protecting the natural environment to the extent and for the
purposes authorized by State law.
SEC. 10. 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. 11. 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 that funds are
first made available to carry out this Act.
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