II 

Calendar No. 369 

110TH CONGRESS 

1ST SESSION S. 444 

[Report No. 110–171] 

To establish the South Park National Heritage Area in the State of Colorado, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2007 

Mr. SALAZAR (for himself and Mr. ALLARD) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 17, 2007 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish the South Park National Heritage Area in the 

State of Colorado, 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 ‘‘South Park National 

5 Heritage Area Act’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the rich natural resources, the variety of 

4 recreational opportunities, the cultural legacy, and 

5 the unparalleled history of South Park, Colorado, 

6 are of national importance and are deserving of rec7 ognition, conservation, interpretation, and con8 tinuing use; 

9 (2) the people of South Park respect, protect 

10 and defend the rights and desires of private property 

11 owners, and support the power and right of individ12 uals to shape their own destiny; 

13 (3) the South Park National Heritage Area 

14 builds upon existing local initiatives to spur eco15 nomic development while conserving, preserving and 

16 interpreting the resources on which the local econ17 omy depends; 

18 (4) in 1997 the Governor of Colorado des19 ignated South Park as Colorado’s second State Her20 itage Area; 

21 (5) in 2006 the President of the United States 

22 recognized and designated South Park as a Preserve 

23 America Community that protects and celebrates its 

24 heritage, uses its historic assets for economic devel25 opment and community revitalization, and encour26 ages people to experience and appreciate local hisVerDate Aug 31 2005 21:59 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S444.RS S444

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1 toric resources through education and heritage tour2 ism programs; 

3 (6) the Federal, State, and local governments, 

4 organizations, and residents of South Park broadly 

5 support the establishment of a national heritage 

6 area to coordinate and assist in the conservation, in7 terpretation, and continuing use of the heritage re8 sources of South Park; 

9 (7) the agrarian landscape, culture, and histor10 ical resources of South Park assist citizens in experi11 encing how native peoples, early explorers, trappers, 

12 miners, ranchers, and settlers lived on the frontier 

13 of the United States; 

14 (8) the ideals of self governance and individ15 ualism of the United States gave rise to laws that— 

16 (A) were developed within the remote land17 scape of South Park; 

18 (B) were among the first legislative initia19 tives of the western settlers; and 

20 (C) reinforced the democratic traditions of 

21 the United States; 

22 (9) the average elevation of South Park exceeds 

23 9,000 feet and ranks among the highest basins in 

24 North America; 


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1 (10) native peoples have inhabited the land2 scape of South Park for over 10,000 years; 

3 (11) Porcupine Cave and its wealth of animal 

4 fossils, including a now-extinct North American 

5 cheetah, is one of the most important paleontological 

6 sites for the study of Ice Age vertebrates in the 

7 world, and contains the richest and most diverse 

8 vertebrate fauna known from the middle Pleistocene 

9 on the North American continent; 

10 (12) in addition to high summits, pristine 

11 streams, and open prairies, the unmatched landscape 

12 of the Heritage Area also contains— 

13 (A) portions of the Lost Creek Wilderness 

14 and Buffalo Peaks Wilderness Areas, featuring 

15 disappearing streams, ancient pine trees, glob16 ally rare plants, and State-endangered boreal 

17 toads; 

18 (B) the Lost Creek National Natural 

19 Landmark, characterized by stunning rock 

20 spires and pinnacles, narrow ridges, steep nar21 row gorges, and a stream that disappears and 

22 reappears at the surface at least nine times; 

23 (C) National Forest System lands that are 

24 home to the federally-threatened Penland alpine 


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1 fen mustard, Canada lynx and greenback cut2 throat trout; 

3 (D) 12 State wildlife areas that protect 

4 large herds of elk, deer, pronghorn antelope; 

5 and many other species; 

6 (E) 45 miles of ‘‘Gold Medal’’ trout water 

7 that provide world-class trout fishing opportuni8 ties; 

9 (F) nationally rare and unusual high-alti10 tude wetlands known as extreme rich fens; and 

11 (G) 4 majestic mountain peaks that stand 

12 higher than 14,000 feet above sea level; 

13 (13) the South Park National Heritage Area of14 fers outstanding recreational opportunities for hik15 ing, fishing, camping, climbing, sightseeing, hunting, 

16 wildlife viewing, and off-highway vehicle use; 

17 (14) the South Park National Heritage Area 

18 contains buildings, structures, sites, and stories that 

19 preserve and interpret the frontier heritage of the 

20 United States, including— 

21 (A) the Salt Works Ranch, Colorado Salt 

22 Works, EM Ranch, Buckley Ranch, Wahl 

23 Ranch, Jefferson Depot, Como Depot, Como 

24 Roundhouse, Como Hotel, Como School, Boreas 

25 Pass Railroad Station, Summer Saloon, South 


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1 Park Brewery, Park County Courthouse, South 

2 Park Community Church, and Tarryall School, 

3 each of which is listed in the National Register 

4 of Historic Places; 

5 (B) the Colorado Midland Railroad, the 

6 Denver, South Park & Pacific Railroad, and 

7 their associated stations, depots, and passes; 

8 (C) the Paris Mill and Snowstorm Dredge, 

9 which are among the last intact structures of 

10 their type in the United States, and are in11 cluded on Colorado’s ‘‘most endangered places’’ 

12 list; 

13 (D) the Present Help Mine which, being 

14 located at an elevation of 14,157 feet, qualifies 

15 as the highest gold mine ever to operate in the 

16 United States; and 

17 (E) the highest incorporated town (Alma), 

18 vehicular mountain pass (Mosquito), and cattle 

19 ranches in the United States; and 

20 (15) the globally-rare grassland of the valley 

21 floor of South Park, composed primarily of Arizona 

22 fescue and slimstem muhly, is the largest docu23 mented natural montane grassland community of 

24 that type. 

25 (b) PURPOSES.—The purposes of this Act are to— 


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1 (1) establish the Heritage Area in the State of 

2 Colorado; 

3 (2) carry out the national heritage area alter4 native as described in the document entitled ‘‘South 

5 Park National Heritage Area Feasibility Study, 

6 2006’’; 

7 (3) provide a management framework to foster 

8 an effective working relationship with all levels of 

9 government, not for profit organizations, the private 

10 sector, and the local communities in South Park 

11 to— 

12 (A) preserve the outstanding heritage of 

13 the region; 

14 (B) develop new heritage tourism pro15 grams, attractions and opportunities; and 

16 (C) continue to pursue the development of 

17 compatible economic opportunities and heritage 

18 products; and 

19 (4) assist communities, organizations, and citi20 zens in the State of Colorado in identifying, pre21 serving, interpreting, developing, and promoting the 

22 historical, cultural, scenic, recreational, agricultural, 

23 and natural resources of the region for the edu24 cational, inspirational, and economic benefit of cur25 rent and future generations. 


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1 SEC. 3. PRIVATE PROPERTY RIGHTS PROTECTION. 

2 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

3 this Act— 

4 (1) requires any private property owner to allow 

5 public access (including Federal, State, or local gov6 ernment access) to private property; or 

7 (2) modifies any provision of Federal, State, or 

8 local law with regard to public access to or use of 

9 private property. 

10 (b) LIABILITY.—Designation of the Heritage Area 

11 shall not impose any liability on, or have any effect on 

12 any liability under any other law on, any private property 

13 owner with respect to any person injured on the private 

14 property. 

15 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

16 USE.—Nothing in this Act modifies, enlarges, or dimin17 ishes the authority of the Federal Government or State 

18 or local governments to regulate land use. 

19 (d) VOLUNTARY PARTICIPATION OF PRIVATE PROP20 ERTY OWNERS IN HERITAGE AREA.—Nothing in this Act 

21 requires the owner of any private property located within 

22 the boundaries of the Heritage Area to participate in or 

23 be associated with the Heritage Area; participation by in24 dividual landowners is strictly on a voluntary basis only. 

25 (e) EFFECT OF ESTABLISHMENT.— 


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1 (1) IN GENERAL.—The boundaries designated 

2 for the Heritage Area shall constitute the area with3 in which Federal funds made available to carry out 

4 this Act may be expended. 

5 (2) REGULATORY AUTHORITY.—The establish6 ment of the Heritage Area and the boundaries of the 

7 Heritage Area shall not provide any regulatory au8 thority that would not otherwise apply to govern 

9 land use within the Heritage Area or the viewshed 

10 of the Heritage Area by the Secretary, the National 

11 Park Service, the management entity, or any other 

12 governmental entity. 

13 SEC. 4. DEFINITIONS. 

14 In this Act: 

15 (1) BOARD.—The term ‘‘Board’’ means the 

16 Board of Directors of the South Park National Her17 itage Area, comprised initially of the individuals, 

18 agencies, organizations, and governments that were 

19 involved in the planning and development of the 

20 Heritage Area before the date of enactment of this 

21 Act. 

22 (2) HERITAGE AREA.—The term ‘‘Heritage 

23 Area’’ means the South Park National Heritage 

24 Area established by section 5(a). 


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1 (3) MANAGEMENT ENTITY.—The term ‘‘man2 agement entity’’ means the management entity for 

3 the Heritage Area designated by section 5(d)(1). 

4 (4) MANAGEMENT PLAN.—The term ‘‘manage5 ment plan’’ means the management plan for the 

6 Heritage Area required by section 7. 

7 (5) MAP.—The term ‘‘map’’ means the map en8 titled ‘‘South Park National Heritage Area Map 

9 (Proposed)’’, dated January 30, 2006. 

10 (6) PARTNER.—The term ‘‘partner’’ means a 

11 Federal, State, or local governmental entity, organi12 zation, private industry, educational institution, or 

13 individual involved in the conservation, preservation, 

14 interpretation, development or promotion of heritage 

15 sites or resources of the Heritage Area. 

16 (7) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior. 

18 (8) STATE.—The term ‘‘State’’ means the State 

19 of Colorado. 

20 (9) TECHNICAL ASSISTANCE.—The term ‘‘tech21 nical assistance’’ means any guidance, advice, help, 

22 or aid, other than financial assistance, provided by 

23 the Secretary. 


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1 SEC. 5. SOUTH PARK NATIONAL HERITAGE AREA. 

2 (a) ESTABLISHMENT.—There is established in the 

3 State the South Park National Heritage Area. 

4 (b) BOUNDARIES.—The Heritage Area shall consist 

5 of the areas included in the map. 

6 (c) MAP.—A map of the Heritage Area shall be— 

7 (1) included in the management plan; and 

8 (2) on file and available for public inspection in 

9 the appropriate offices of the National Park Service. 

10 (d) MANAGEMENT ENTITY.— 

11 (1) IN GENERAL.—The management entity for 

12 the Heritage Area shall be the Park County Tourism 

13 & Community Development Office, in conjunction 

14 with the South Park National Heritage Area Board 

15 of Directors. 

16 (2) MEMBERSHIP REQUIREMENTS.—Members 

17 of the Board shall include representatives from a 

18 broad cross-section of individuals, agencies, organi19 zations, and governments that were involved in the 

20 planning and development of the Heritage Area be21 fore the date of enactment of this Act. 

22 SEC. 6. ADMINISTRATION. 

23 (a) PROHIBITION ON THE ACQUISITION OF REAL

24 PROPERTY.— 

25 (1) IN GENERAL.—Subject to paragraph (2), 

26 the management entity shall not use Federal funds 


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1 made available under this Act to acquire real prop2 erty or any interest in real property. 

3 (2) ACQUISITION OF CONSERVATION EASE4 MENTS.—The management entity may use Federal 

5 funds made available under this Act to acquire con6 servation easements from willing sellers. 

7 (b) AUTHORITIES.—For purposes of carrying out the 

8 management plan, the Secretary, acting through the man9 agement entity, may use amounts made available under 

10 this Act to— 

11 (1) make grants to the State or a political sub12 division of the State, nonprofit organizations, and 

13 other persons; 

14 (2) enter into cooperative agreements with, or 

15 provide technical assistance to, the State or a polit16 ical subdivision of the State, nonprofit organizations, 

17 and other interested parties; 

18 (3) hire and compensate staff, which shall in19 clude individuals with expertise in natural, cultural, 

20 and historical resources protection, fundraising, her21 itage facility planning and development, and heritage 

22 tourism programming; 

23 (4) obtain funds or services from any source, 

24 including funds or services that are provided under 

25 any other Federal law or program; 


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1 (5) enter into contracts for goods or services; 

2 and 

3 (6) to facilitate the conduct of other projects 

4 and activities that further the Heritage Area and are 

5 consistent with the approved management plan. 

6 (c) DUTIES.—The management entity shall— 

7 (1) in accordance with section 6, prepare and 

8 submit a management plan for the Heritage Area to 

9 the Secretary; 

10 (2) assist units of local government, local prop11 erty owners and businesses, and nonprofit organiza12 tions in carrying out the approved management plan 

13 by— 

14 (A) carrying out programs and projects 

15 that recognize, protect, enhance, and promote 

16 important resource values in the Heritage Area; 

17 (B) establishing and maintaining interpre18 tive exhibits and programs in the Heritage 

19 Area; 

20 (C) developing economic, recreational and 

21 educational opportunities in the Heritage Area; 

22 (D) increasing public awareness of, and 

23 appreciation for, historical, cultural, scenic, rec24 reational, agricultural, and natural resources of 

25 the Heritage Area; 


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1 (E) protecting and restoring historic sites 

2 and buildings in the Heritage Area that are 

3 consistent with Heritage Area themes; 

4 (F) ensuring that clear, consistent, and ap5 propriate signs identifying points of public ac6 cess, and sites of interest are posted throughout 

7 the Heritage Area; 

8 (G) promoting a wide range of partner9 ships among governments, organizations, and 

10 individuals to further the Heritage Area; and 

11 (H) planning and developing new heritage 

12 attractions, products and services. 

13 (3) consider the interests of diverse units of 

14 government, businesses, organizations, and individ15 uals in the Heritage Area in the preparation and im16 plementation of the management plan; 

17 (4) conduct meetings open to the public at least 

18 semiannually regarding the development and imple19 mentation of the management plan; 

20 (5) for any year for which Federal funds have 

21 been received under this Act— 

22 (A) submit to the Secretary an annual re23 port that describes the activities, expenses, and 

24 income of the management entity (including 


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1 grants to any other entities during the year 

2 that the report is made); 

3 (B) make available to the Secretary for 

4 audit all records relating to the expenditure of 

5 the Federal funds and any matching funds; and 

6 (C) require, with respect to all agreements 

7 authorizing expenditure of Federal funds by 

8 other organizations, that the organizations re9 ceiving the funds make available to the Sec10 retary for audit all records concerning the ex11 penditure of the funds; and 

12 (6) encourage by appropriate means economic 

13 viability that is consistent with the Heritage Area. 

14 (d) COST-SHARING REQUIREMENT.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the Federal share of the cost of any activ17 ity carried out using any assistance made available 

18 under this Act shall be 50 percent. 

19 (2) EXCEPTION.—Before the date on which the 

20 management entity completes the management plan, 

21 the Federal share of the cost of any activity de22 scribed in paragraph (1) may be 100 percent. 

23 SEC. 7. MANAGEMENT PLAN. 

24 (a) IN GENERAL.—Not later than 3 years after the 

25 date of enactment of this Act, the management entity, 


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1 with public participation, shall submit to the Secretary for 

2 approval a proposed management plan for the Heritage 

3 Area. 

4 (b) REQUIREMENTS.—The management plan shall— 

5 (1) incorporate an integrated and cooperative 

6 approach for the protection, enhancement, interpre7 tation, development, and promotion of the historical, 

8 cultural, scenic, recreational, agricultural, and nat9 ural resources of the Heritage Area; 

10 (2) take into consideration State and local 

11 plans; 

12 (3) include— 

13 (A) an inventory of— 

14 (i) the resources located in the core 

15 area described in section 5(b); and 

16 (ii) any other eligible and partici17 pating property in the core area that— 

18 (I) is related to the themes of the 

19 Heritage Area; and 

20 (II) should be preserved, re21 stored, managed, maintained, devel22 oped, or promoted because of the sig23 nificance of the property; 

24 (B) comprehensive policies, strategies, and 

25 recommendations for conservation, funding, 


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1 management, development, and promotion of 

2 the Heritage Area; 

3 (C) a description of actions that govern4 ments, private organizations, and individuals 

5 have agreed to take to manage protect the his6 torical, cultural, scenic, recreational, agricul7 tural, and natural resources of the Heritage 

8 Area; 

9 (D) a program of implementation for the 

10 management plan by the management entity 

11 that includes a description of— 

12 (i) actions to facilitate ongoing and ef13 fective collaboration among partners to 

14 promote plans for resource protection, en15 hancement, interpretation, restoration, and 

16 construction; and 

17 (ii) specific commitments for imple18 mentation that have been made by the 

19 management entity or any government, or20 ganization, or individual for the first 5 

21 years of operation; 

22 (E) the identification of sources of funding 

23 for carrying out the management plan; 

24 (F) an analysis of and recommendations 

25 for means by which Federal, State, and local 


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1 programs, including the role of the National 

2 Park Service in the Heritage Area, may best be 

3 coordinated to carry out this Act; and 

4 (G) an interpretive plan for the Heritage 

5 Area; and 

6 (4) recommend policies and strategies for re7 source management that consider and detail the ap8 plication of appropriate land and water management 

9 techniques, including the development of intergov10 ernmental and interagency cooperative agreements 

11 to protect the historical, cultural, scenic, rec12 reational, agricultural, and natural resources of the 

13 Heritage Area. 

14 (c) DEADLINE.—If a proposed management plan is 

15 not submitted to the Secretary by the date that is 3 years 

16 after the date of enactment of this Act, the management 

17 entity shall be ineligible to receive additional funding 

18 under this Act until the date on which the Secretary re19 ceives and approves the management plan. 

20 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

21 PLAN.— 

22 (1) IN GENERAL.—Not later than 90 days after 

23 the date of receipt of the management plan under 

24 subsection (a), the Secretary, in consultation with 


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1 the State, shall approve or disapprove the manage2 ment plan. 

3 (2) CRITERIA FOR APPROVAL.—In determining 

4 whether to approve the management plan, the Sec5 retary shall consider whether— 

6 (A) the management entity is representa7 tive of the diverse interests of the Heritage 

8 Area, including governments, natural and his9 torical resource protection organizations, edu10 cational institutions, local businesses and indus11 tries, community organizations, recreational or12 ganizations, and tourism organizations; 

13 (B) the management entity has afforded 

14 adequate opportunity, including public hearings, 

15 for public and governmental involvement in the 

16 preparation of the management plan; and 

17 (C) strategies contained in the manage18 ment plan, if implemented, would adequately 

19 balance the voluntary protection, development, 

20 and interpretation of the natural, historical, 

21 cultural, scenic, recreational, and agricultural 

22 resources of the Heritage Area. 

23 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

24 Secretary disapproves the management plan under 

25 paragraph (1), the Secretary shall— 


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1 (A) advise the management entity in writ2 ing of the reasons for the disapproval; 

3 (B) make recommendations for revisions to 

4 the management plan; and 

5 (C) not later than 60 days after the receipt 

6 of any proposed revision of the management 

7 plan from the management entity, approve or 

8 disapprove the proposed revision. 

9 (4) AMENDMENTS.— 

10 (A) IN GENERAL.—The Secretary shall ap11 prove or disapprove each amendment to the 

12 management plan that the Secretary determines 

13 makes a substantial change to the management 

14 plan. 

15 (B) USE OF FUNDS.—The management 

16 entity shall not use Federal funds authorized by 

17 this Act to carry out any amendments to the 

18 management plan until the Secretary has ap19 proved the amendments. 

20 SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. 

21 Any Federal agency conducting or supporting an ac22 tivity that directly affects the Heritage Area as designated 

23 by the Secretary shall— 

24 (1) consult with the Secretary and the manage25 ment entity regarding the activity; 


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1 (2) cooperate with the Secretary and the man2 agement entity in carrying out the duties of the 

3 Federal agency under this Act; 

4 (3) to the maximum extent practicable, coordi5 nate the activity with carrying out those duties; and 

6 (4) to the maximum extent practicable, conduct 

7 the activity in a manner that the management entity 

8 determines will not have an adverse effect on the 

9 Heritage Area. 

10 SEC. 9. WATER RIGHTS. 

11 Nothing in this Act— 

12 (1) authorizes the regulation of private land in 

13 the Heritage Area; 

14 (2) authorizes the imposition of any mandatory 

15 streamflow requirements; 

16 (3) creates an express or implied Federal re17 served water right; 

18 (4) imposes any Federal water quality standard 

19 within or upstream of the Heritage Area that is 

20 more restrictive than would be applicable had the 

21 Heritage Area not been established; or 

22 (5) prevents the State of Colorado from acquir23 ing an instream flow through the Heritage Area 

24 under the terms, conditions, and limitations of State 

25 law to assist in protecting the natural environment 


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1 to the extent and for the purposes authorized by 

2 State law. 

3 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

4 There is authorized to be appropriated to carry out 

5 this Act $6,110,000, of which not more than $1,000,000 

6 may be made available for any fiscal year. 

7 SEC. 11. TERMINATION OF AUTHORITY. 

8 The authority of the Secretary to provide assistance 

9 under this Act terminates on the date that is 15 years 

10 after the date on which funds are first made available to 

11 carry out this Act. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘South Park National 

14 Heritage Area Act’’. 

15 SEC. 2. DEFINITIONS. 

16 In this Act: 

17 (1) BOARD.—The term ‘‘Board’’ means the 

18 Board of Directors of the South Park National Herit19 age Area, comprised initially of the individuals, agen20 cies, organizations, and governments that were in21 volved in the planning and development of the Herit22 age Area before the date of enactment of this Act. 

23 (2) HERITAGE AREA.—The term ‘‘Heritage 

24 Area’’ means the South Park National Heritage Area 

25 established by section 3(a). 


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1 (3) MANAGEMENT ENTITY.—The term ‘‘manage2 ment entity’’ means the management entity for the 

3 Heritage Area designated by section 3(d)(1). 

4 (4) MANAGEMENT PLAN.—The term ‘‘manage5 ment plan’’ means the management plan for the Her6 itage Area required by section 5. 

7 (5) MAP.—The term ‘‘map’’ means the map enti8 tled ‘‘South Park National Heritage Area Map (Pro9 posed)’’, dated January 30, 2006. 

10 (6) PARTNER.—The term ‘‘partner’’ means a 

11 Federal, State, or local governmental entity, organi12 zation, private industry, educational institution, or 

13 individual involved in the conservation, preservation, 

14 interpretation, development or promotion of heritage 

15 sites or resources of the Heritage Area. 

16 (7) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior. 

18 (8) STATE.—The term ‘‘State’’ means the State 

19 of Colorado. 

20 (9) TECHNICAL ASSISTANCE.—The term ‘‘tech21 nical assistance’’ means any guidance, advice, help, 

22 or aid, other than financial assistance, provided by 

23 the Secretary. 


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1 SEC. 3. SOUTH PARK NATIONAL HERITAGE AREA. 

2 (a) ESTABLISHMENT.—There is established in the 

3 State the South Park National Heritage Area. 

4 (b) BOUNDARIES.—The Heritage Area shall consist of 

5 the areas included in the map. 

6 (c) MAP.—A map of the Heritage Area shall be— 

7 (1) included in the management plan; and 

8 (2) on file and available for public inspection in 

9 the appropriate offices of the National Park Service. 

10 (d) MANAGEMENT ENTITY.— 

11 (1) IN GENERAL.—The management entity for 

12 the Heritage Area shall be the Park County Tourism 

13 & Community Development Office, in conjunction 

14 with the South Park National Heritage Area Board 

15 of Directors. 

16 (2) MEMBERSHIP REQUIREMENTS.—Members of 

17 the Board shall include representatives from a broad 

18 cross-section of individuals, agencies, organizations, 

19 and governments that were involved in the planning 

20 and development of the Heritage Area before the date 

21 of enactment of this Act. 

22 SEC. 4. ADMINISTRATION. 

23 (a) PROHIBITION ON THE ACQUISITION OF REAL

24 PROPERTY.—The management entity shall not use Federal 

25 funds made available under this Act to acquire real prop26 erty or any interest in real property. 


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1 (b) AUTHORITIES.—For purposes of carrying out the 

2 management plan, the Secretary, acting through the man3 agement entity, may use amounts made available under 

4 this Act to— 

5 (1) make grants to the State or a political sub6 division of the State, nonprofit organizations, and 

7 other persons; 

8 (2) enter into cooperative agreements with, or 

9 provide technical assistance to, the State or a polit10 ical subdivision of the State, nonprofit organizations, 

11 and other interested parties; 

12 (3) hire and compensate staff, which shall in13 clude individuals with expertise in natural, cultural, 

14 and historical resources protection, fundraising, herit15 age facility planning and development, and heritage 

16 tourism programming; 

17 (4) obtain funds or services from any source, in18 cluding funds or services that are provided under any 

19 other Federal law or program; 

20 (5) enter into contracts for goods or services; and 

21 (6) to facilitate the conduct of other projects and 

22 activities that further the Heritage Area and are con23 sistent with the approved management plan. 

24 (c) DUTIES.—The management entity shall— 


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1 (1) in accordance with section 5, prepare and 

2 submit a management plan for the Heritage Area to 

3 the Secretary; 

4 (2) assist units of local government, local prop5 erty owners and businesses, and nonprofit organiza6 tions in carrying out the approved management plan 

7 by— 

8 (A) carrying out programs and projects 

9 that recognize, protect, enhance, and promote im10 portant resource values in the Heritage Area; 

11 (B) establishing and maintaining interpre12 tive exhibits and programs in the Heritage Area; 

13 (C) developing economic, recreational and 

14 educational opportunities in the Heritage Area; 

15 (D) increasing public awareness of, and ap16 preciation for, historical, cultural, scenic, rec17 reational, agricultural, and natural resources of 

18 the Heritage Area; 

19 (E) protecting and restoring historic sites 

20 and buildings in the Heritage Area that are con21 sistent with Heritage Area themes; 

22 (F) ensuring that clear, consistent, and ap23 propriate signs identifying points of public ac24 cess, and sites of interest are posted throughout 

25 the Heritage Area; 


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1 (G) promoting a wide range of partnerships 

2 among governments, organizations, and individ3 uals to further the Heritage Area; and 

4 (H) planning and developing new heritage 

5 attractions, products and services; 

6 (3) consider the interests of diverse units of gov7 ernment, businesses, organizations, and individuals 

8 in the Heritage Area in the preparation and imple9 mentation of the management plan; 

10 (4) conduct meetings open to the public at least 

11 semiannually regarding the development and imple12 mentation of the management plan; 

13 (5) for any year for which Federal funds have 

14 been received under this Act— 

15 (A) submit to the Secretary an annual re16 port that describes the activities, expenses, and 

17 income of the management entity (including 

18 grants to any other entities during the year that 

19 the report is made); 

20 (B) make available to the Secretary for 

21 audit all records relating to the expenditure of 

22 the Federal funds and any matching funds; and 

23 (C) require, with respect to all agreements 

24 authorizing expenditure of Federal funds by 

25 other organizations, that the organizations reVerDate Aug 31 2005 21:59 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S444.RS S444

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1 ceiving the funds make available to the Secretary 

2 for audit all records concerning the expenditure 

3 of the funds; and 

4 (6) encourage by appropriate means economic 

5 viability that is consistent with the Heritage Area. 

6 (d) COST-SHARING REQUIREMENT.—The Federal 

7 share of the cost of any activity carried out using any as8 sistance made available under this Act shall be 50 percent. 

9 SEC. 5. MANAGEMENT PLAN. 

10 (a) IN GENERAL.—Not later than 3 years after the 

11 date of enactment of this Act, the management entity, with 

12 public participation, shall submit to the Secretary for ap13 proval a proposed management plan for the Heritage Area. 

14 (b) REQUIREMENTS.—The management plan shall— 

15 (1) incorporate an integrated and cooperative 

16 approach for the protection, enhancement, interpreta17 tion, development, and promotion of the historical, 

18 cultural, scenic, recreational, agricultural, and nat19 ural resources of the Heritage Area; 

20 (2) take into consideration State and local plans; 

21 (3) include— 

22 (A) an inventory of— 

23 (i) the resources located within the 

24 areas included in the map; and 


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1 (ii) any other eligible and partici2 pating property within the areas included 

3 in the map that— 

4 (I) is related to the themes of the 

5 Heritage Area; and 

6 (II) should be preserved, restored, 

7 managed, maintained, developed, or 

8 promoted because of the significance of 

9 the property; 

10 (B) comprehensive policies, strategies, and 

11 recommendations for conservation, funding, 

12 management, development, and promotion of the 

13 Heritage Area; 

14 (C) a description of actions that govern15 ments, private organizations, and individuals 

16 have agreed to take to manage protect the histor17 ical, cultural, scenic, recreational, agricultural, 

18 and natural resources of the Heritage Area; 

19 (D) a program of implementation for the 

20 management plan by the management entity 

21 that includes a description of— 

22 (i) actions to facilitate ongoing and ef23 fective collaboration among partners to pro24 mote plans for resource protection, enhanceVerDate Aug 31 2005 21:59 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\S444.RS S444

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1 ment, interpretation, restoration, and con2 struction; and 

3 (ii) specific commitments for imple4 mentation that have been made by the man5 agement entity or any government, organi6 zation, or individual for the first 5 years of 

7 operation; 

8 (E) the identification of sources of funding 

9 for carrying out the management plan; 

10 (F) an analysis of and recommendations for 

11 means by which Federal, State, and local pro12 grams, including the role of the National Park 

13 Service in the Heritage Area, may best be coordi14 nated to carry out this Act; and 

15 (G) an interpretive plan for the Heritage 

16 Area; and 

17 (4) recommend policies and strategies for re18 source management that consider and detail the ap19 plication of appropriate land and water management 

20 techniques, including the development of intergovern21 mental and interagency cooperative agreements to 

22 protect the historical, cultural, scenic, recreational, 

23 agricultural, and natural resources of the Heritage 

24 Area. 


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1 (c) DEADLINE.—If a proposed management plan is 

2 not submitted to the Secretary by the date that is 3 years 

3 after the date of enactment of this Act, the management en4 tity shall be ineligible to receive additional funding under 

5 this Act until the date on which the Secretary receives and 

6 approves the management plan. 

7 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

8 PLAN.— 

9 (1) IN GENERAL.—Not later than 180 days after 

10 the date of receipt of the management plan under sub11 section (a), the Secretary, in consultation with the 

12 State, shall approve or disapprove the management 

13 plan. 

14 (2) CRITERIA FOR APPROVAL.—In determining 

15 whether to approve the management plan, the Sec16 retary shall consider whether— 

17 (A) the management entity is representative 

18 of the diverse interests of the Heritage Area, in19 cluding governments, natural and historical re20 source protection organizations, educational in21 stitutions, local businesses and industries, com22 munity organizations, recreational organiza23 tions, and tourism organizations; 

24 (B) the management entity has afforded 

25 adequate opportunity, including public hearings, 


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1 for public and governmental involvement in the 

2 preparation of the management plan; and 

3 (C) strategies contained in the management 

4 plan, if implemented, would adequately balance 

5 the voluntary protection, development, and inter6 pretation of the natural, historical, cultural, sce7 nic, recreational, and agricultural resources of 

8 the Heritage Area. 

9 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

10 Secretary disapproves the management plan under 

11 paragraph (1), the Secretary shall— 

12 (A) advise the management entity in writ13 ing of the reasons for the disapproval; 

14 (B) make recommendations for revisions to 

15 the management plan; and 

16 (C) not later than 180 days after the receipt 

17 of any proposed revision of the management 

18 plan from the management entity, approve or 

19 disapprove the proposed revision. 

20 (4) AMENDMENTS.— 

21 (A) IN GENERAL.—The Secretary shall ap22 prove or disapprove each amendment to the 

23 management plan that the Secretary determines 

24 makes a substantial change to the management 

25 plan. 


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1 (B) USE OF FUNDS.—The management en2 tity shall not use Federal funds authorized by 

3 this Act to carry out any amendments to the 

4 management plan until the Secretary has ap5 proved the amendments. 

6 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

7 (a) IN GENERAL.—Nothing in this Act affects the au8 thority of a Federal agency to provide technical or financial 

9 assistance under any other law. 

10 (b) CONSULTATION AND COORDINATION.—The head of 

11 any Federal agency planning to conduct activities that may 

12 have an impact on the Heritage Area is encouraged to con13 sult and coordinate the activities with the Secretary and 

14 the management entity to the maximum extent practicable. 

15 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

16 Act— 

17 (1) modifies, alters, or amends any law or regu18 lation authorizing a Federal agency to manage Fed19 eral land under the jurisdiction of the Federal agency; 

20 (2) limits the discretion of a Federal land man21 ager to implement an approved land use plan within 

22 the boundaries of the Heritage Area; or 

23 (3) modifies, alters, or amends any authorized 

24 use of Federal land under the jurisdiction of a Fed25 eral agency. 


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1 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC2 TIONS. 

3 Nothing in this Act— 

4 (1) abridges the rights of any property owner 

5 (whether public or private), including the right to re6 frain from participating in any plan, project, pro7 gram, or activity conducted within the Heritage Area; 

8 (2) requires any property owner to permit public 

9 access (including access by Federal, State, or local 

10 agencies) to the property of the property owner, or to 

11 modify public access or use of property of the prop12 erty owner under any other Federal, State, or local 

13 law; 

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

15 approved land use plan, or other regulatory authority 

16 of any Federal, State or local agency, or conveys any 

17 land use or other regulatory authority to the manage18 ment entity; 

19 (4) authorizes or implies the reservation or ap20 propriation of water or water rights; 

21 (5) diminishes the authority of the State to man22 age fish and wildlife, including the regulation of fish23 ing and hunting within the Heritage Area; or 

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

25 under any other law, of any private property owner 


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1 with respect to any person injured on the private 

2 property. 

3 SEC. 8. EVALUATION; REPORT. 

4 (a) IN GENERAL.—Not later than 3 years before the 

5 date on which authority for Federal funding terminates for 

6 the Heritage Area, the Secretary shall— 

7 (1) conduct an evaluation of the accomplish8 ments of the Heritage Area; and 

9 (2) prepare a report in accordance with sub10 section (c). 

11 (b) EVALUATION.—An evaluation conducted under 

12 subsection (a)(1) shall— 

13 (1) assess the progress of the management entity 

14 with respect to— 

15 (A) accomplishing the purposes of this Act 

16 for the Heritage Area; and 

17 (B) achieving the goals and objectives of the 

18 approved management plan for the Heritage 

19 Area; 

20 (2) analyze the Federal, State, local, and private 

21 investments in the Heritage Area to determine the le22 verage and impact of the investments; and 

23 (3) review the management structure, partner24 ship relationships, and funding of the Heritage Area 


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1 for purposes of identifying the critical components for 

2 sustainability of the Heritage Area. 

3 (c) REPORT.— 

4 (1) IN GENERAL.—Based on the evaluation con5 ducted under subsection (a)(1), the Secretary shall 

6 prepare a report that includes recommendations for 

7 the future role of the National Park Service, if any, 

8 with respect to the Heritage Area. 

9 (2) REQUIRED ANALYSIS.—If the report prepared 

10 under paragraph (1) recommends that Federal fund11 ing for the Heritage Area be reauthorized, the report 

12 shall include an analysis of— 

13 (A) ways in which Federal funding for the 

14 Heritage Area may be reduced or eliminated; 

15 and 

16 (B) the appropriate time period necessary 

17 to achieve the recommended reduction or elimi18 nation. 

19 (3) SUBMISSION TO CONGRESS.—On completion 

20 of the report, the Secretary shall submit the report 

21 to— 

22 (A) the Committee on Energy and Natural 

23 Resources of the Senate; and 

24 (B) the Committee on Natural Resources of 

25 the House of Representatives. 


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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this Act $10,000,000, of which not more than $1,000,000 

4 may be made available for any fiscal year. 

5 SEC. 10. TERMINATION OF AUTHORITY. 

6 The authority of the Secretary to provide assistance 

7 under this Act terminates on the date that is 15 years after 

8 the date of enactment of this Act. 


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Calendar No. 369 

110TH CONGRESS 

1ST SESSION S. 444 

[Report No. 110

–171] 

A BILL 

To establish the South Park National Heritage 

poses. Area in the State of Colorado, and for other purSEPTEMBER 17, 2007 

Reported with an amendment 


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