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[Senate Report 109-1]
[From the U.S. Government Publishing Office]

                                                         Calendar No. 8
109th Congress                                                   Report
                                 SENATE
 1st Session                                                      109-1
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             NORTHERN RIO GRANDE NATIONAL HERITAGE AREA ACT

                                _______
                                

               February 16, 2005.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                          [To accompany S. 63]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 63) to establish the Northern Rio Grande 
National Heritage Area in the State of New Mexico, and for 
other purposes, having considered the same, reports favorably 
thereon with amendments and recommends that the bill, as 
amended, do pass.
    The amendments are as follows:
    1. On page 3, line 2, insert ``National'' before 
``Heritage''.
    2. On page 5, line 10, strike ``secretary'' and insert 
``Secretary''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 63 is to establish the Northern Rio 
Grande National Heritage Area in the State of New Mexico.

                          BACKGROUND AND NEED

    S. 63 would establish the Northern Rio Grande National 
Heritage Area in northern New Mexico along the Rio Grande 
River, including the cities of Taos and Santa Fe and the 
community of San Juan Pueblo. The proposed heritage area would 
encompass a rich mosaic of natural and cultural history which 
predates Spanish settlement of the region in 1598. The region 
reflects the continuing home of people of Hispanic, Native 
Americans and Anglo-American descent. Northern New Mexico is 
home to eight Pueblo communities. The Taos Pueblo represents a 
community that has been inhabited for over a thousand years--
the longest period of time in the United States. The nation's 
oldest church and first Spanish Mission can be found in Santa 
Fe and the San Juan Pueblo, respectively.
    In 1991, the National Park Service study entitled 
``Alternative Concepts for Commemorating Spanish Colonization'' 
identified several alternatives consistent with the 
establishment of a National Heritage Area. These included 
conducting a comprehensive archaeological and historical 
research program, coordinating a comprehensive interpretation 
program, and interpreting a cultural heritage scene.
    S. 63 would designate a National Heritage Area in northern 
New Mexico to assist local communities in preserving and 
interpreting the resources in the area. A proposed corporation, 
the Northern Rio Grande National Heritage Area, Inc., will act 
on a non-profit basis to manage the heritage area. The Board of 
the Northern Rio Grande Heritage Area, Inc. would include 15 to 
25 trustees selected from the three counties within the area 
(Santa Fe, Rio Arriba, and Taos Counties), including 
representatives from local communities and Pueblos.
    The combination of cultures, languages, folk arts, customs, 
architecture, and spectacular natural resources make northern 
New Mexico unique within our nation's culture and history. 
Establishment of the Northern Rio Grande National Heritage Area 
will assist in the preservation and interpretation of the 
area's unique and nationally significant resources.

                          LEGISLATIVE HISTORY

    S. 63 was introduced by Senators Bingaman and Domenici on 
January 24, 2005. During the 107th Congress, the Committee 
considered identical legislation, S. 2576. The Subcommittee on 
National Parks held a hearing on S. 2576 on June 20, 2002. The 
text of S. 2576 was incorporated as an amendment to H.R. 695, 
establishing an Oil Region National Heritage Area in 
Pennsylvania. H.R. 695 was ordered reported (H.R. Rept. 107-
123), as amended, by a voice vote on July 31, 2002 and passed 
the Senate by unanimous consent on November 20, 2002. The House 
of Representatives did not consider the bill prior to the sine 
die adjournment of the 107th Congress. During the 108th 
Congress, the Committee considered identical legislation, S. 
211. S. 211 was introduced by SenatorsBingaman and Domenici on 
January 23, 2003. The Committee on Energy and Natural Resources ordered 
S. 211 favorably reported (S. Rept. 108-293) on June 16, 2004. S. 211 
passed the Senate by unanimous consent on September 15, 2004. S. 211 
passed the House of Representatives with an amendment on October 7, 
2004.
    Similar text to S. 211 (as passed by the Senate) was also 
included as title XVIII of S. amendment 4085 to S. 1521, which 
passed the Senate by unanimous consent on December 7, 2004. The 
House of Representatives did not consider the bill prior to the 
sine die adjournment of the 108th Congress.
    At its business meeting on February 9, 2005, the Committee 
on Energy and Natural Resources ordered S. 63, as amended, 
favorably reported.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on February 9, 2005, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
63, if amended as described herein.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 entitles the bill the ``Northern Rio Grande 
National Heritage Area Act.''
    Section 2 sets forth congressional findings.
    Section 3 defines key terms.
    Section 4 establishes the Northern Rio Grande National 
Heritage Area in the State of New Mexico, encompassing the 
counties of Santa Fe, Rio Arriba, and Taos. The Northern Rio 
Grande National Heritage Area, Inc., a New Mexico chartered 
non-profit corporation, is designated as the management entity, 
and a Board of Directors for the management entity, shall be 
established, including representatives of affected counties, 
cities, tribes and pueblos, and the general public.
    Section 5 sets forth the authorities and duties of the 
management entity.
    Section 6 states that the Secretary of the Interior may 
provide technical and financial assistance upon request by the 
management entity for development and implementation of the 
management plan. Priority will be given to actions that 
facilitate conservation of significant resources and for 
opportunities consistent with the resources of the heritage 
area.
    Section 7 contains several savings provisions, including 
statements that this Act does not affect in any way any 
authority of any government to regulate the use of private 
lands within the heritage area or grant the management entity 
authority to regulate privately owned lands or affect the 
Federal Government's trust responsibilities and the government-
to-government obligations to any federally recognized Indian 
tribes.
    Section 8 terminates the authority to assist the management 
entity 15 years after the date of enactment.
    Section 9 authorizes to be appropriated $10,000,000 to 
carry out this Act, with no more than $1,000,000 authorized to 
be appropriated in any given fiscal year. The Federal share may 
not exceed 50 percent of the total costs of any given activity.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office.

                                                 February 11, 2005.
Hon. Pete V. Domenici,
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. 63, the Northern Rio 
Grande 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,
                                               Douglas Holtz-Eakin.
    Enclosure.

S. 63--Northern Rio Grande National Heritage Area Act

    S. 63 would establish the Northern Rio Grande National 
Heritage Area in New Mexico and would designate the Northern 
Rio Grande National Heritage Area, Inc., as the managing entity 
for the area. The nonprofit corporation would be responsible 
for developing and implementing a management plan for the 
protection, development, and management of cultural and other 
area resources. Finally, the legislation would authorize the 
appropriation of $10 million, not to exceed $1 million 
annually, for technical and financial assistance to the 
corporation over the next 15 years.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 63 would cost $10 million over 
the next 10 to 15 years. Such amounts would be used to cover a 
portion of the costs of planning, establishing, operating, and 
interpreting the heritage area. Enacting this legislation would 
have no effect on revenues or direct spending.
    S. 63 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Lisa Cash 
Driskill. The estimate was 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. 63. 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. 63, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at a hearing on July 16, 2002.

                        Department of the Interior,
                                   Office of the Secretary,
                                     Washington, DC, July 16, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter sets forth the views of the 
Department of the Interior on S. 2576, a bill to authorize the 
establishment of the Northern Rio Grande National Heritage Area 
in New Mexico.
    The Department recognizes the appropriateness of 
designating the Northern Rio Grande National Heritage Area, as 
it has the characteristics necessary to be established as a 
national heritage area and the potential to meet the 
expectations of the National Park Service's National Heritage 
Area Program. We recommend, however, that the committee defer 
action on S. 2576 during the remainder of the 107th Congress. 
The Department has reviewed our progress on the President's 
Initiative to eliminate the deferred maintenance backlog, and 
it is clear that we need to continue to focus our resources on 
caring for existing areas in the National Park System. While 
the designation of the heritage area will not result in 
additional acquisition or capital costs, the authorization 
provides for technical and grant assistance costs. Under this 
Act, total appropriations of $10 million are authorized through 
the fiscal year 2017, of which not more than $1,000,000 may be 
appropriated for any fiscal year. The Federal share of the 
costs for any activity funded under this Act shall not exceed 
50 percent.
    S. 2576 would establish the Northern Rio Grande National 
Heritage Area in Santa Fe County, Rio Arriba County, and Taos 
County in New Mexico. The bill designates the Northern Rio 
Grande National Heritage Area, Inc. a non-profit corporation 
chartered in the State of New Mexico, as the management entity 
for the heritage area. The management entity would be made up 
of representatives from Santa Fe County, Rio Arriba County, and 
Taos County, New Mexico, and Native American Tribes 
participating in the heritage area. The bill also authorizes 
the development of a management plan for the heritage area. If 
the plan is not submitted within three years, the heritage area 
becomes ineligible for federal funding until a plan is 
submitted to the Secretary. Additionally, S. 2576 outlines the 
duties of the management entity and prohibits the use of 
federal funds to acquire real property or interests in real 
property. At the request of the management entity, the 
Secretary would be authorized to provide technical and 
financial assistance to develop and implement the management 
plan.
    The creation of the Northern Rio Grande National Heritage 
Area would encompass the long history of the cultural mosaic 
developed by Native American occupation, early Spanish 
settlement, Mexican Period settlement, mining, ranching, and 
other pioneer settlements, and the continuing influence of 
people of Hispanic, Anglo-American, and Native American 
descent. The area demonstrates the antiquity of native cultures 
as well as the genealogical longevity of the descendants of 
Spanish ancestors who settled in the area in 1598. The 
combination of cultures, languages, folk-arts, customs, and 
architecture make northern New Mexico unique within our 
national culture and history.
    The National Park Service has defined a National Heritage 
Area as a place where natural, cultural, historic and 
recreational resources combine to form a nationally distinctive 
landscape arising from patterns of human activity. Heritage 
conservation efforts are grounded in a community's pride and 
interest in its history and traditions. Preserving the 
integrity of the cultural landscape and local stories means 
that future generations will be able to understand and define 
who they are, where they come from, and what ties them to their 
home. Thus, through the designation of the Northern Rio Grande 
National Heritage Area, these peoples will be better able to 
understand their rich and complex heritage as well as share it 
with the many visitors to northern New Mexico.
    On a natural scale, the heritage area would provide a new 
partnership for management and protection of long natural 
vistas, isolated high desert valleys, mountain ranges and among 
the best air, water and night sky qualities found in the United 
States. Few roadways interrupt the ridges and range topography. 
A variety of flora and fauna are often present. Aside from its 
spectacular natural and scenic vistas, the area includes 
outstanding recreational resources.
    As we have previously testified, there are several steps 
the National Park Service believes should be taken prior to 
Congress designating a national heritage area to help ensure 
that the heritage area is successful.
    The stages are: a completion of a suitability/feasibility 
study; the public involvement in the suitability/feasibility 
study; gather a demonstration of widespread public support 
among heritage area residents for the proposed designation; and 
a commitment to the proposal from the appropriate players which 
may include governments, industry, and private, non- profit 
organizations, in addition to the local citizenry.
    We believe that studies that have been completed or are 
underway meet the intent of these criterion. The proposed 
establishment is based on many years of work conducted by 
various local community organizations in New Mexico. One such 
study by the National Park Service, Alternative Concepts for 
Commemorating Spanish Colonization (1991), identified several 
alternatives consistent with the establishment of a National 
Heritage Area, including coordination with supporting 
historical research programs, such as the NPS Intermountain 
Spanish Colonial Research Center in Albuquerque, and NPS 
archaeological research programs in Santa Fe. This report and 
other related reports such as, The Camino Real de Tierra 
Adentro Feasibility Study (1997), conducted in New Mexico have 
included input from organizations, agencies, tribal 
representatives, a cross-section of citizens in the region, and 
potential partners who would be involved in the creation and 
management of a National Heritage Area. This activity is 
consistent with Secretary Norton's `4-Cs' effort, demonstrating 
the benefits of consultation, communication and coordination in 
the service of conservation.
    A number of Federal agencies, including prominently the 
Bureau of Land Management (BLM) and the Forest Service are 
major land managers within the area covered by this 
legislation. For example, the BLM manages over a half million 
acres of Federal land within the proposed Heritage Area 
including important cultural, prehistoric, and historic sites 
as well as several Areas of Critical Environmental Concern 
(ACESs). We believe that the legislation should allow for the 
participation of all Federal partners, along with state, tribal 
and local partners, in the Heritage Area.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                              Craig Manson,
               Assistant Secretary for Fish and Wildlife and Parks.

                        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. 63 as ordered 
reported.

                                  
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