STATEMENT OF MITCHELL BUTLER, DEPUTY ASSISTANT SECRETARY, FISH, WILDLIFE
AND PARKS, U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE HOUSE
SUBCOMMITTEE ON NATIONAL PARKS, FORESTS AND PUBLIC LANDS, OF THE
COMMITTEE ON NATURAL RESOURCES, CONCERNING H.R. 859, TO ESTABLISH THE
SANGRE DE CRISTO NATIONAL HERITAGE AREA IN THE STATE OF COLORADO, AND
FOR OTHER PURPOSES.

# APRIL 24, 2008 

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 H.R. 859, 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 H.R. 859 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.
In Summer 2006, 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.

H.R. 859 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 on S. 443, an identical
bill, on March 20, 2007, and on S. 2037, a similar bill, in the 109^th^
Congress.

H.R. 859 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.

H.R. 859 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 17^th^
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 H.R. 859 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.