I 

110TH CONGRESS 

1ST SESSION H. R. 1885 

To establish the Santa Cruz Valley National Heritage Area in the State 

of Arizona, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 17, 2007 

Mr. GRIJALVA (for himself and Ms. GIFFORDS) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To establish the Santa Cruz Valley National Heritage Area 

in the State of Arizona, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Santa Cruz Valley Na5 tional Heritage Area Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act include the following: 

8 (1) To establish the Santa Cruz Valley National 

9 Heritage Area in the State of Arizona. 


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1 (2) To implement the recommendations of the 

2 ‘‘Alternative Concepts for Commemorating Spanish 

3 Colonization’’ study completed by the National Park 

4 Service in 1991, and the ‘‘Feasibility Study for the 

5 Santa Cruz Valley National Heritage Area’’ pre6 pared by the Center for Desert Archaeology in July 

7 2005. 

8 (3) To provide a management framework to 

9 foster a close working relationship with all levels of 

10 government, the private sector, and the local com11 munities in the region and to conserve the region’s 

12 heritage while continuing to pursue compatible eco13 nomic opportunities. 

14 (4) To assist communities, organizations, and 

15 citizens in the State of Arizona in identifying, pre16 serving, interpreting, and developing the historical, 

17 cultural, scenic, and natural resources of the region 

18 for the educational and inspirational benefit of cur19 rent and future generations. 

20 (5) To provide appropriate linkages between 

21 units of the National Park System and communities, 

22 governments, and organizations within the Heritage 

23 Area. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


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1 (1) HERITAGE AREA.—The term ‘‘Heritage 

2 Area’’ means the Santa Cruz Valley National Herit3 age Area, established in section 4. 

4 (2) MANAGEMENT ENTITY.—The term ‘‘Man5 agement Entity’’ means the management entity for 

6 the Heritage Area designated by section 4(d). 

7 (3) MANAGEMENT PLAN.—The term ‘‘Manage8 ment Plan’’ means the management plan for the 

9 Heritage Area specified in section 6. 

10 (4) MAP.—The term ‘‘map’’ means the map ti11 tled ‘‘Boundary Map Santa Cruz Valley National 

12 Heritage Area’’, numbered lllllll, and 

13 dated llllllllllll. 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (6) STATE.—The term ‘‘State’’ means the State 

17 of Arizona. 

18 SEC. 4. SANTA CRUZ VALLEY NATIONAL HERITAGE AREA. 

19 (a) ESTABLISHMENT.—There is hereby established 

20 the Santa Cruz Valley National Heritage Area in the State 

21 of Arizona. 

22 (b) BOUNDARIES.—The Heritage Area shall include 

23 the portions of the counties of Santa Cruz and Pima, as 

24 identified on the map. 


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1 (c) AVAILABILITY OF MAP.—The map shall be on file 

2 and available for public inspection in the appropriate of3 fices of the National Park Service, Department of the In4 terior, and the Management entity. 

5 (d) MANAGEMENT ENTITY.—The Santa Cruz Valley 

6 Heritage Alliance, Inc., shall be the management entity 

7 for the Heritage Area. 

8 SEC. 5. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE 

9 MANAGEMENT ENTITY. 

10 (a) DUTIES OF THE MANAGEMENT ENTITY.—To fur11 ther the purposes of the Heritage Area, the management 

12 entity shall— 

13 (1) prepare and submit a management plan for 

14 the Heritage Area to the Secretary in accordance 

15 with section 6; 

16 (2) assist units of local and tribal governments, 

17 regional planning organizations, non-profit organiza18 tions, private land-owners, and other entities by— 

19 (A) carrying out programs and projects 

20 that recognize, protect and enhance important 

21 resources values within the Heritage Area; 

22 (B) establishing and maintaining interpre23 tive exhibits and programs in the Heritage 

24 Area; 


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1 (C) developing recreational, educational, 

2 and economic, and community development op3 portunities within the Heritage Area; 

4 (D) increasing public awareness of, and 

5 appreciation for, the natural, cultural, histor6 ical, archaeological, scenic, and outdoor rec7 reational resources and sites in the Heritage 

8 Area; 

9 (E) protecting and restoring historic sites 

10 and structures, archaeological sites, and natural 

11 resources related to the Heritage Area; 

12 (F) ensuring that signs identifying points 

13 of public access and sites of interest are posted 

14 throughout the Heritage Area; 

15 (G) promoting cultural, traditional, and 

16 nature-themed events and attractions in the 

17 Heritage Area; and 

18 (H) promoting a wide range of partner19 ships among governments, organizations and in20 dividuals to further the purposes of the Herit21 age Area; 

22 (3) coordinate with tribal and local governments 

23 to better enable them to participate in ways con24 sistent with the goals of the management plan; 


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1 (4) consider the interests of diverse units of 

2 government, businesses, organizations and individ3 uals in the Heritage Area in the preparation and im4 plementation of the management plan; 

5 (5) conduct meetings open to the public at least 

6 semi-annually regarding the development and imple7 mentation of the management plan; 

8 (6) submit an annual report to the Secretary 

9 for any fiscal year in which the management entity 

10 receives Federal funds under this Act, setting forth 

11 its accomplishments, expenses, and income, includ12 ing grants to any other entities during the year for 

13 which the report is made; 

14 (7) make available for audit for any fiscal year 

15 in which it receives Federal funds under this Act, all 

16 information pertaining to the expenditure of such 

17 funds and any matching funds; and 

18 (8) encourage by appropriate means economic 

19 development that is consistent with the purposes of 

20 the Heritage Area. 

21 (b) AUTHORITIES.—The management entity may, for 

22 the purposes of preparing and implementing the manage23 ment plan for the Heritage Area, use Federal funds made 

24 available under this Act to— 


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1 (1) make grants to the State of Arizona, its po2 litical subdivisions, nonprofit organizations, tribes, 

3 and other entities; 

4 (2) enter into cooperative agreements with or 

5 provide technical assistance to the State of Arizona 

6 its political subdivisions, nonprofit organizations, 

7 tribes, Federal agencies, and other entities; 

8 (3) hire and compensate staff, including individ9 uals with expertise in natural cultural, and historical 

10 resources protection, economic and community devel11 opment, and heritage programming; 

12 (4) obtain money or services from any source 

13 including any that are provided under any other 

14 Federal law or program; 

15 (5) contract for goods or services; and 

16 (6) undertake to be a catalyst for any other ac17 tivity that furthers the purposes of the Heritage 

18 Area and is consistent with the approved manage19 ment plan. 

20 (c) PROHIBITIONS ON THE ACQUISITION OF REAL

21 PROPERTY.—The management entity may not use Fed22 eral funds received under this Act to acquire real property, 

23 but may use any other source of funding, including other 

24 Federal funding outside this authority, intended for the 

25 acquisition of real property. 


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1 SEC. 6. MANAGEMENT PLAN. 

2 (a) REQUIREMENTS.—The management plan for the 

3 Heritage Area shall— 

4 (1) describe comprehensive policies, goals, strat5 egies, and recommendations for telling the story of 

6 the heritage of the area covered by the Heritage 

7 Area and encourage long-term resource protection, 

8 enhancement, interpretation, funding, management, 

9 and development of the Heritage Area; 

10 (2) include a description of actions and commit11 ments that governments, private organizations, and 

12 citizens will take to protect, enhance, interpret, fund, 

13 manage, and develop the natural, historical, cultural, 

14 educational, scenic, and recreational resources of the 

15 Heritage Area; 

16 (3) specify existing and potential sources of 

17 funding or economic development strategies to pro18 tect, enhance, interpret, fund, manage, and develop 

19 the Heritage Area; 

20 (4) include an inventory of the natural, histor21 ical, cultural, educational, scenic, and recreational 

22 resources of the Heritage Area related to the na23 tional importance and themes of the Heritage Area 

24 that should be protected, enhanced, interpreted, 

25 managed, funded, and developed; 


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1 (5) recommend policies and strategies for re2 source management, including the development of 

3 intergovernmental and interagency agreements to 

4 protect, enhance, interpret, fund, manage, and de5 velop the natural, historical, cultural, educational, 

6 scenic, and recreational resources of the Heritage 

7 Area; 

8 (6) describe a program for implementation for 

9 the management plan, including— 

10 (A) performance goals; 

11 (B) plans for resource protection, enhance12 ment, interpretation, funding, management, and 

13 development; and 

14 (C) specific commitments for implementa15 tion that have been made by the local coordi16 nating entity or any government agency, organi17 zation, business, or individual; 

18 (7) include an analysis of, and recommenda19 tions for, means by which Federal, State, and local 

20 programs may best be coordinated (including the 

21 role of the National Park Service and other Federal 

22 agencies associated with the Heritage Area) to fur23 ther the purposes of this Act; and 

24 (8) include a business plan that— 


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1 (A) describes the role, operation, financing, 

2 and functions of the local coordinating entity 

3 and of each of the major activities contained in 

4 the management plan; and 

5 (B) provides adequate assurances that the 

6 local coordinating entity has the partnerships 

7 and financial and other resources necessary to 

8 implement the management plan for the Herit9 age Area. 

10 (b) DEADLINE.— 

11 (1) IN GENERAL.—Not later than 3 years after 

12 the date on which funds are first made available to 

13 develop the management plan after designation as a 

14 National Heritage Area, the local coordinating entity 

15 shall submit the management plan to the Secretary 

16 for approval. 

17 (2) TERMINATION OF FUNDING.—If the man18 agement plan is not submitted to the Secretary in 

19 accordance with paragraph (1), the local coordi20 nating entity shall not qualify for any additional fi21 nancial assistance under this Act until such time as 

22 the management plan is submitted to and approved 

23 by the Secretary. 


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1 SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. 

2 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—The 

3 Secretary may, upon the request of the management enti4 ty, provide technical assistance on a reimbursable or non5 reimbursable basis and financial assistance to the Herit6 age Area to develop and implement the approved manage7 ment plan. The Secretary is authorized to enter into coop8 erative agreements with the management entity and other 

9 public or private entities for this purpose. In assisting the 

10 Heritage Area, the Secretary shall give priority to actions 

11 that in general assist in— 

12 (1) conserving the significant natural, historical 

13 cultural, and scenic resources of the Heritage Area; 

14 and 

15 (2) providing educational, interpretive, and rec16 reational opportunities consistent with the purposes 

17 of the Heritage Area. 

18 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

19 PLAN.— 

20 (1) IN GENERAL.—The Secretary shall approve 

21 or disapprove the management plan not later than 

22 180 days after receiving the management plan. 

23 (2) CRITERIA FOR APPROVAL.—In determining 

24 the approval of the management plan, the Secretary 

25 shall consider whether— 


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1 (A) the management entity is representa2 tive of the diverse interests of the Heritage 

3 Area, including governments, natural and his4 toric resource protection organizations, edu5 cational institutions, businesses, and rec6 reational organizations; 

7 (B) the management entity has afforded 

8 adequate opportunity, including public hearings, 

9 for public and governmental involvement in the 

10 preparation of the management plan; 

11 (C) the resource protection and interpreta12 tion strategies contained in the management 

13 plan, if implemented, would adequately protect 

14 the natural, historical, and cultural resources of 

15 the Heritage Area; and 

16 (D) the management plan is supported by 

17 the appropriate State and local officials whose 

18 cooperation is needed to ensure the effective im19 plementation of the State and local aspects of 

20 the management plan. 

21 (3) CRITERIA FOR APPROVAL.—In determining 

22 whether to approve a management plan for the Her23 itage Area, the Secretary shall consider whether— 

24 (A) the local coordinating entity represents 

25 the diverse interests of the Heritage Area, inVerDate Aug 31 2005 23:30 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1885.IH H1885

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1 cluding governments, natural, and historic re2 source protection organizations, educational in3 stitutions, businesses, recreational organiza4 tions, community residents, and private prop5 erty owners; 

6 (B) the local coordinating entity— 

7 (i) has afforded adequate opportunity 

8 for public and governmental involvement 

9 (including through workshops and hear10 ings) in the preparation of the manage11 ment plan; and 

12 (ii) provides for at least semiannual 

13 public meetings to ensure adequate imple14 mentation of the management plan; 

15 (C) the resource protection, enhancement, 

16 interpretation, funding, management, and de17 velopment strategies described in the manage18 ment plan, if implemented, would adequately 

19 protect, enhance, interpret, fund, manage, and 

20 develop the natural, historic, cultural, edu21 cational, scenic, and recreational resources of 

22 the Heritage Area; 

23 (D) the management plan would not ad24 versely affect any activities authorized on FedVerDate Aug 31 2005 23:30 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1885.IH H1885

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1 eral land under public land laws or land use 

2 plans; 

3 (E) the local coordinating entity has dem4 onstrated the financial capability, in partner5 ship with others, to carry out the plan; 

6 (F) the Secretary has received adequate 

7 assurances from the appropriate State and local 

8 officials whose support is needed to ensure the 

9 effective implementation of the State and local 

10 elements of the management plan; and 

11 (G) the management plan demonstrates 

12 partnerships among the local coordinating enti13 ty, Federal, State, and local governments, re14 gional planning organizations, nonprofit organi15 zations, or private sector parties for implemen16 tation of the management plan. 

17 (4) APPROVAL OF AMENDMENTS.—Substantial 

18 amendments to the management plan shall be re19 viewed by the Secretary and approved in the same 

20 manner as provided for the original management 

21 plan. The management entity shall not use Federal 

22 funds authorized by this Act to implement any 

23 amendments until such amendments have been ap24 proved by the Secretary. 


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1 SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. 

2 Any Federal agency conducting or supporting activi3 ties directly affecting the Heritage Area is encouraged 

4 to— 

5 (1) consult with the Secretary and the manage6 ment entity with respect to such activities; 

7 (2) cooperate with the Secretary and the man8 agement entity in carrying out their duties under 

9 this Act and, to the maximum extent practicable, co10 ordinate such activities with the carrying out of such 

11 duties; and 

12 (3) to the maximum extent practicable, conduct 

13 or support such activities in a manner which will not 

14 have adverse effects on the Heritage Area. 

15 SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTEC16 TIONS. 

17 Nothing in this Act— 

18 (1) abridges the rights of any property owner 

19 (whether public or private), including the right to re20 frain from participating in any plan, project, pro21 gram, or activity conducted within the Heritage 

22 Area; 

23 (2) requires any property owner to permit pub24 lic access (including access by Federal, State, or 

25 local agencies) to the property of the property 

26 owner, or to modify public access or use of property 


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1 of the property owner under any other Federal, 

2 State, or local law; 

3 (3) alters any duly adopted land use regulation, 

4 approved land use plan, or other regulatory author5 ity of any Federal, State or local agency, or conveys 

6 any land use or other regulatory authority to any 

7 local coordinating entity; 

8 (4) authorizes or implies the reservation or ap9 propriation of water or water rights; 

10 (5) diminishes the authority of the State to 

11 manage fish and wildlife, including the regulation of 

12 fishing and hunting within the Heritage Area; or 

13 (6) creates any liability, or affects any liability 

14 under any other law, of any private property owner 

15 with respect to any person injured on the private 

16 property. 

17 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—There are authorized to be appro19 priated to carry out this Act $10,000,000, of which not 

20 more than $1,000,000 may be authorized to be appro21 priated for any fiscal year. 

22 (b) COST-SHARING REQUIREMENT.—The Federal 

23 share of the total cost of any activity assisted under this 

24 Act shall be not more than 50 percent. 


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1 SEC. 11. SUNSET. 

2 The authority of the Secretary to provide assistance 

3 under this Act shall terminate on the day occurring 15 

4 years after the date of the enactment of this Act. 

Æ 


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