II 

Calendar No. 368 

110TH CONGRESS 

1ST SESSION S. 443 

[Report No. 110–170] 

To establish the Sangre de Cristo 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 Sangre de Cristo 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 ‘‘Sangre de Cristo Na5 tional Heritage Area Act’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the exceptional culture, the rich natural re4 sources, the variety of recreational opportunities, 

5 and the unparalleled history of the San Luis Valley 

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

9 (2) the people of the San Luis Valley have, for 

10 centuries, found ways to cultivate and preserve their 

11 cultural and natural heritage; 

12 (3) the efforts of the peoples of Conejos, 

13 Costilla, and Alamosa Counties to form the Sangre 

14 de Cristo National Heritage Area reinforce this tra15 dition of stewardship; 

16 (4) the Sangre de Cristo National Heritage 

17 Area contains historic structures and land that were 

18 central to the development of the West, including 

19 Mexican land grants, the narrow gauge railroad now 

20 known as the ‘‘Cumbres and Toltec Scenic Rail21 road’’, and Fort Garland; 

22 (5) the Sangre de Cristo National Heritage 

23 Area is a nationally significant cradle of Hispano 

24 culture; 

25 (6) the language, art, architecture, religion, tra26 dition, and folklore of Native Americans, early SpanVerDate Aug 31 2005 22:32 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S443.RS S443

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1 ish colonists, and Mexican settlers of the Southwest 

2 are alive and thriving in the area, as exemplified in 

3 that— 

4 (A) 17th century Spanish is still spoken by 

5 about 35 percent of the population of the 

6 Sangre de Cristo region; 

7 (B) the towns of San Luis and Antonito, 

8 which are among the oldest settlements in Colo9 rado— 

10 (i) still contain moradas, placitas, his11 toric churches, murals, the first mercantile 

12 of the region, the first water right, and La 

13 Vega; and 

14 (ii) regularly host festivals and reli15 gious celebrations, including the centuries 

16 old procession of Los Hermanos 

17 Penitentes; and 

18 (C) the Sangre de Cristo National Herit19 age Area, inhabited for over 11,000 years by 

20 native peoples, including the Ute, Navajo, 

21 Apache, Tiwa, Tewa, Comanche, Kiowa, and 

22 Arapaho, remains central to native cultures and 

23 is home to— 

24 (i) Mount Blanca, or Sisnaajini, a sa25 cred mountain for the Navajo and other 


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1 peoples that marks the eastern boundary 

2 of their world; and 

3 (ii) petroglyphs and pictographs along 

4 the Rio Grande, telling the stories and 

5 cosmologies of early inhabitants; 

6 (7) the Sangre de Cristo National Heritage 

7 Area, flanked by the San Juan and the Sangre de 

8 Cristo Mountains, lies in 1 of the largest alpine val9 leys in North America and is home to an unparal10 leled combination of natural resources that are pro11 tected by the good stewardship of private landowners 

12 and by State and Federal landholdings, including— 

13 (A) the Great Sand Dunes National Park 

14 and Preserve; 

15 (B) the Great Sand Dunes Wilderness 

16 Area; 

17 (C) the Baca National Wildlife Refuge, the 

18 Monte Vista National Wildlife Refuge, and the 

19 Alamosa National Wildlife Refuge; 

20 (D) the Rio Grande National Forest; 

21 (E) the Sangre de Cristo Wilderness and 

22 the San Juan Wilderness; 

23 (F) the Blanca Wetlands Complex, the 

24 Blanca Special Recreation Management Area, 

25 and the Rio Grande Special Recreation Area; 


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1 (G) the San Luis Lakes State Park; and 

2 (H) 15 State Wildlife Areas, consisting 

3 of— 

4 (i) the Higel State Wildlife Area; 

5 (ii) the Playa Blanca State Wildlife 

6 Area; 

7 (iii) the San Luis Lakes State Wildlife 

8 Area; 

9 (iv) the Conejos County Ponds State 

10 Wildlife Area; 

11 (v) the Conejos River State Wildlife 

12 Area; 

13 (vi) the Hot Creek State Wildlife 

14 Area; 

15 (vii) the La Jara Reservoir State 

16 Wildlife Area; 

17 (viii) the La Jara State Wildlife Area; 

18 (ix) the Poso State Wildlife Area; 

19 (x) the Sego Springs State Wildlife 

20 Area; 

21 (xi) the Terrace Reservoir State Wild22 life Area; 

23 (xii) the Trujillo Meadows State Wild24 life Area; 


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1 (xiii) the Mountain Home Reservoir 

2 State Wildlife Area; 

3 (xiv) the Sanchez Reservoir State 

4 Wildlife Area; and 

5 (xv) the Smith Reservoir State Wild6 life Area. 

7 (b) PURPOSES.—The purpose of this Act is to estab8 lish the Heritage Area— 

9 (1) to carry out the national heritage area al10 ternative as described in the document entitled 

11 ‘‘Sangre de Cristo National Heritage Area Feasi12 bility Study, 2005’’, dated November, 2005; 

13 (2) to provide a management framework to fos14 ter a close working relationship with all levels of 

15 government, the private sector, and the local com16 munities in the San Luis Valley to— 

17 (A) conserve the heritage of the region; 

18 and 

19 (B) continue to pursue compatible eco20 nomic opportunities; and 

21 (3) to assist communities, organizations, and 

22 citizens in the State of Colorado in identifying, pre23 serving, interpreting, and developing the historical, 

24 cultural, scenic, and natural resources of the region 


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1 for the educational and inspirational benefit of cur2 rent and future generations. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

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

6 Area’’ means the Sangre de Cristo National Herit7 age Area, established in section 4(a). 

8 (2) MANAGEMENT ENTITY.—The term ‘‘Man9 agement Entity’’ means the management entity for 

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

11 (3) MANAGEMENT PLAN.—The term ‘‘Manage12 ment Plan’’ means the management plan for the 

13 Heritage Area required section 6. 

14 (4) MAP.—The term ‘‘map’’ means the map en15 titled ‘‘Proposed Sangre De Cristo National Herit16 age Area’’ and dated November 2005. 

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

18 the Secretary of the Interior. 

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

20 of Colorado. 

21 SEC. 4. SANGRE DE CRISTO NATIONAL HERITAGE AREA. 

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

23 State the Sangre de Cristo National Heritage Area. 

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

25 of— 


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1 (1) the counties of Alamosa, Conejos, and 

2 Costilla; and 

3 (2) the Monte Vista National Wildlife Refuge, 

4 the Baca National Wildlife Refuge, the Great Sand 

5 Dunes National Park and Preserve, and other areas 

6 included in the map. 

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

8 (1) included in the management plan; and 

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

10 the appropriate offices of the National Park Service. 

11 (d) MANAGEMENT ENTITY.— 

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

13 the Heritage Area shall be the Sangre de Cristo Na14 tional Heritage Area Board of Directors. 

15 (2) MEMBERSHIP REQUIREMENTS.—Members 

16 of the Board shall include representatives from a 

17 broad cross-section of the individuals, agencies, orga18 nizations, and governments that were involved in the 

19 planning and development of the Heritage Area be20 fore the date of enactment of this Act. 

21 SEC. 5. ADMINISTRATION. 

22 (a) AUTHORITIES.—For purposes of carrying out the 

23 management plan, the Secretary, acting through the man24 agement entity, may use amounts made available under 

25 this Act to— 


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1 (1) make grants to the State or a political sub2 division of the State, nonprofit organizations, and 

3 other persons; 

4 (2) enter into cooperative agreements with, or 

5 provide technical assistance to, the State or a polit6 ical subdivision of the State, nonprofit organizations, 

7 and other interested parties; 

8 (3) hire and compensate staff, which shall in9 clude individuals with expertise in natural, cultural, 

10 and historical resources protection, and heritage pro11 gramming; 

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 Heritage Area and is con18 sistent with the approved management plan. 

19 (b) DUTIES.—The management entity shall— 

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

21 submit a management plan for the Heritage Area to 

22 the Secretary; 

23 (2) assist units of local government, regional 

24 planning organizations, and nonprofit organizations 

25 in carrying out the approved management plan by— 


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1 (A) carrying out programs and projects 

2 that recognize, protect, and enhance important 

3 resource values in the Heritage Area; 

4 (B) establishing and maintaining interpre5 tive exhibits and programs in the Heritage 

6 Area; 

7 (C) developing recreational and educational 

8 opportunities in the Heritage Area; 

9 (D) increasing public awareness of, and 

10 appreciation for, natural, historical, scenic, and 

11 cultural resources of the Heritage Area; 

12 (E) protecting and restoring historic sites 

13 and buildings in the Heritage Area that are 

14 consistent with Heritage Area themes; 

15 (F) ensuring that clear, consistent, and ap16 propriate signs identifying points of public ac17 cess, and sites of interest are posted throughout 

18 the Heritage Area; and 

19 (G) promoting a wide range of partner20 ships among governments, organizations, and 

21 individuals to further the Heritage Area; 

22 (3) consider the interests of diverse units of 

23 government, businesses, organizations, and individ24 uals in the Heritage Area in the preparation and im25 plementation of the management plan; 


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

2 semiannually regarding the development and imple3 mentation of the management plan; 

4 (5) for any year that Federal funds have been 

5 received under this Act— 

6 (A) submit an annual report to the Sec7 retary that describes the activities, expenses, 

8 and income of the management entity (includ9 ing grants to any other entities during the year 

10 that the report is made); 

11 (B) make available to the Secretary for 

12 audit all records relating to the expenditure of 

13 the funds and any matching funds; 

14 (C) require, with respect to all agreements 

15 authorizing expenditure of Federal funds by 

16 other organizations, that the organizations re17 ceiving the funds make available to the Sec18 retary for audit all records concerning the ex19 penditure of the funds; and 

20 (6) encourage by appropriate means economic 

21 viability that is consistent with the Heritage Area. 

22 (c) PROHIBITION ON THE ACQUISITION OF REAL

23 PROPERTY.—The management entity shall not use Fed24 eral funds made available under this Act to acquire real 

25 property or any interest in real property. 


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1 (d) COST-SHARING REQUIREMENT.— 

2 (1) IN GENERAL.—Except as provided in sub3 section (b), the Federal share of the cost of any ac4 tivity carried out using any assistance made avail5 able under this Act shall be 50 percent. 

6 (2) EXCEPTION.—During the period before the 

7 management entity completes the management plan 

8 under section 6, the Federal share of the cost of any 

9 activity described in paragraph 1 may be 100 per10 cent. 

11 SEC. 6. MANAGEMENT PLAN. 

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

13 date of enactment of this Act, the management entity shall 

14 submit to the Secretary for approval a proposed manage15 ment plan for the Heritage Area. 

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

17 (1) incorporate an integrated and cooperative 

18 approach for the protection, enhancement, and inter19 pretation of the natural, cultural, historic, scenic, 

20 and recreational resources of the Heritage Area; 

21 (2) take into consideration State and local 

22 plans; 

23 (3) include— 

24 (A) an inventory of— 


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1 (i) the resources located in the core 

2 area described in section 4(b); and 

3 (ii) any other property in the core 

4 area that— 

5 (I) is related to the themes of the 

6 Heritage Area; and 

7 (II) should be preserved, re8 stored, managed, or maintained be9 cause of the significance of the prop10 erty; 

11 (B) comprehensive policies, strategies and 

12 recommendations for conservation, funding, 

13 management, and development of the Heritage 

14 Area; 

15 (C) a description of actions that govern16 ments, private organizations, and individuals 

17 have agreed to take to protect the natural, his18 torical and cultural resources of the Heritage 

19 Area; 

20 (D) a program of implementation for the 

21 management plan by the management entity 

22 that includes a description of— 

23 (i) actions to facilitate ongoing col24 laboration among partners to— 


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1 (I) promote plans for resource 

2 protection, restoration, and construc3 tion; and 

4 (II) specific commitments for im5 plementation that have been made by 

6 the management entity or any govern7 ment, organization, or individual for 

8 the first 5 years of operation; 

9 (E) the identification of sources of funding 

10 for carrying out the management plan; 

11 (F) analysis and recommendations for 

12 means by which local, State, and Federal pro13 grams, including the role of the National Park 

14 Service in the Heritage Area, may best be co15 ordinated to carry out this Act; and 

16 (G) an interpretive plan for the Heritage 

17 Area; and 

18 (4) recommend policies and strategies for re19 source management that consider and detail the ap20 plication of appropriate land and water management 

21 techniques, including the development of intergov22 ernmental and interagency cooperative agreements 

23 to protect the natural, historical, cultural, edu24 cational, scenic, and recreational resources of the 

25 Heritage 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 

4 entity shall be ineligible to receive additional funding 

5 under this Act until the date that the Secretary receives 

6 and approves the management plan. 

7 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

8 PLAN.— 

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

10 the date of receipt of the management plan under 

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

12 the State, shall approve or disapprove the manage13 ment 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 representa18 tive of the diverse interests of the Heritage 

19 Area, including governments, natural and his20 toric resource protection organizations, edu21 cational institutions, businesses, and rec22 reational organizations; 

23 (B) the management entity has afforded 

24 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) the resource protection and interpreta4 tion strategies contained in the management 

5 plan, if implemented, would adequately protect 

6 the natural, historical, and cultural resources of 

7 the Heritage Area. 

8 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

9 Secretary disapproves the management plan under 

10 paragraph (1), the Secretary shall— 

11 (A) advise the management entity in writ12 ing of the reasons for the disapproval; 

13 (B) make recommendations for revisions to 

14 the management plan; and 

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

16 of any proposed revision of the management 

17 plan from the management entity, approve or 

18 disapprove the proposed revision. 

19 (4) AMENDMENTS.— 

20 (A) IN GENERAL.—The Secretary shall ap21 prove or disapprove each amendment to the 

22 management plan that the Secretary determines 

23 make a substantial change to the management 

24 plan. 


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1 (B) USE OF FUNDS.—The management 

2 entity 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. 7. DUTIES OF OTHER FEDERAL AGENCIES. 

7 Any Federal agency conducting or supporting an ac8 tivity that directly affects the Heritage Area shall— 

9 (1) consult with the Secretary and the manage10 ment entity regarding the activity; 

11 (2) cooperate with the Secretary and the man12 agement entity in carrying out the duties of the 

13 Federal agency under this Act; 

14 (3) to the maximum extent practicable, coordi15 nate the activity with carrying out those duties; and 

16 (4) to the maximum extent practicable, conduct 

17 the activity in a manner that the management entity 

18 determines will not have an adverse effect on the 

19 Heritage Area. 

20 SEC. 8. PRIVATE PROPERTY PROTECTION. 

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

22 this Act— 

23 (1) requires any private property owner to allow 

24 public access (including Federal, State, or local gov25 ernment access) to the private property; or 


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

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

3 private property. 

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

5 shall not impose any liability on, or to have any effect on 

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

7 owner with respect to any person injured on the private 

8 property. 

9 (c) RECOGNITION OF AUTHORITY TO CONTROL

10 LAND USE.—Nothing in this Act modifies the authority 

11 of the Federal Government or State or local governments 

12 to regulate land use. 

13 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

14 IN HERITAGE AREA.—Nothing in this Act requires the 

15 owner of any private property located within the bound16 aries of the Heritage Area to participate in or be associ17 ated with the Heritage Area. 

18 (e) EFFECT OF ESTABLISHMENT.— 

19 (1) IN GENERAL.—The boundaries designated 

20 for the Heritage Area shall constitute the area with21 in which Federal funds made available to carry out 

22 this Act may be expended. 

23 (2) REGULATORY AUTHORITY.—The establish24 ment of the Heritage Area and the boundaries of the 

25 Heritage Area shall not provide any regulatory auVerDate Aug 31 2005 22:32 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S443.RS S443

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1 thority that would not otherwise apply to govern 

2 land use within the Heritage Area or the viewshed 

3 of the Heritage Area by the Secretary, the National 

4 Park Service, or the management entity. 

5 SEC. 9. WATER RIGHTS. 

6 (a) STATEMENT OF POLICY.—Nothing in this Act is 

7 meant to modify the Rio Grande Natural Area Act. 

8 (b) APPLICABILITY.—Nothing in this Act— 

9 (1) amends, modifies, or is in conflict with the 

10 Act of May 31, 1939 (53 Stat. 785, chapter 155); 

11 (2) authorizes the regulation of private land in 

12 the Heritage Area; 

13 (3) authorizes the imposition of any mandatory 

14 streamflow requirements; 

15 (4) creates an express or implied Federal re16 served water right; 

17 (5) imposes any Federal water quality standard 

18 within or upstream of the Heritage Area that is 

19 more restrictive than would be applicable had the 

20 Heritage Area not been established; or 

21 (6) prevents the State of Colorado from acquir22 ing an instream flow through the Heritage Area 

23 under the terms, conditions, and limitations of State 

24 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 $10,000,000, 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 that funds are first made available to carry 

11 out this Act. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Sangre de Cristo Na14 tional Heritage Area Act’’. 

15 SEC. 2. DEFINITIONS. 

16 In this Act: 

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

18 Area’’ means the Sangre de Cristo National Heritage 

19 Area established by section 3(a). 

20 (2) MANAGEMENT ENTITY.—The term ‘‘manage21 ment entity’’ means the management entity for the 

22 Heritage Area designated by section 3(d). 

23 (3) MANAGEMENT PLAN.—The term ‘‘manage24 ment plan’’ means the management plan for the Her25 itage Area required under section 5. 


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1 (4) MAP.—The term ‘‘map’’ means the map enti2 tled ‘‘Proposed Sangre De Cristo National Heritage 

3 Area’’ and dated November 2005. 

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

5 the Secretary of the Interior. 

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

7 of Colorado. 

8 SEC. 3. SANGRE DE CRISTO NATIONAL HERITAGE AREA. 

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

10 State the Sangre de Cristo National Heritage Area. 

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

12 of— 

13 (1) the counties of Alamosa, Conejos, and 

14 Costilla; and 

15 (2) the Monte Vista National Wildlife Refuge, the 

16 Baca National Wildlife Refuge, the Great Sand Dunes 

17 National Park and Preserve, and other areas included 

18 in the map. 

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

20 (1) included in the management plan; and 

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

22 the appropriate offices of the National Park Service. 

23 (d) MANAGEMENT ENTITY.— 


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

2 the Heritage Area shall be the Sangre de Cristo Na3 tional Heritage Area Board of Directors. 

4 (2) MEMBERSHIP REQUIREMENTS.—Members of 

5 the Board shall include representatives from a broad 

6 cross-section of the individuals, agencies, organiza7 tions, and governments that were involved in the 

8 planning and development of the Heritage Area before 

9 the date of enactment of this Act. 

10 SEC. 4. ADMINISTRATION. 

11 (a) AUTHORITIES.—For purposes of carrying out the 

12 management plan, the Secretary, acting through the man13 agement entity, may use amounts made available under 

14 this Act to— 

15 (1) make grants to the State or a political sub16 division of the State, nonprofit organizations, and 

17 other persons; 

18 (2) enter into cooperative agreements with, or 

19 provide technical assistance to, the State or a polit20 ical subdivision of the State, nonprofit organizations, 

21 and other interested parties; 

22 (3) hire and compensate staff, which shall in23 clude individuals with expertise in natural, cultural, 

24 and historical resources protection, and heritage pro25 gramming; 


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1 (4) obtain money or services from any source in2 cluding any that are provided under any other Fed3 eral law or program; 

4 (5) contract for goods or services; and 

5 (6) undertake to be a catalyst for any other ac6 tivity that furthers the Heritage Area and is con7 sistent with the approved management plan. 

8 (b) DUTIES.—The management entity shall— 

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

10 submit a management plan for the Heritage Area to 

11 the Secretary; 

12 (2) assist units of local government, regional 

13 planning organizations, and nonprofit organizations 

14 in carrying out the approved management plan by— 

15 (A) carrying out programs and projects 

16 that recognize, protect, and enhance important 

17 resource values in the Heritage Area; 

18 (B) establishing and maintaining interpre19 tive exhibits and programs in the Heritage Area; 

20 (C) developing recreational and educational 

21 opportunities in the Heritage Area; 

22 (D) increasing public awareness of, and ap23 preciation for, natural, historical, scenic, and 

24 cultural resources of the Heritage Area; 


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1 (E) protecting and restoring historic sites 

2 and buildings in the Heritage Area that are con3 sistent 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; and 

8 (G) promoting a wide range of partnerships 

9 among governments, organizations, and individ10 uals to further the Heritage Area; 

11 (3) consider the interests of diverse units of gov12 ernment, businesses, organizations, and individuals 

13 in the Heritage Area in the preparation and imple14 mentation of the management plan; 

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

16 semiannually regarding the development and imple17 mentation of the management plan; 

18 (5) for any year that Federal funds have been re19 ceived under this Act— 

20 (A) submit an annual report to the Sec21 retary that describes the activities, expenses, and 

22 income of the management entity (including 

23 grants to any other entities during the year that 

24 the report is made); 


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1 (B) make available to the Secretary for 

2 audit all records relating to the expenditure of 

3 the funds and any matching funds; 

4 (C) require, with respect to all agreements 

5 authorizing expenditure of Federal funds by 

6 other organizations, that the organizations re7 ceiving the funds make available to the Secretary 

8 for audit all records concerning the expenditure 

9 of the funds; and 

10 (6) encourage by appropriate means economic 

11 viability that is consistent with the Heritage Area. 

12 (c) PROHIBITION ON THE ACQUISITION OF REAL

13 PROPERTY.—The management entity shall not use Federal 

14 funds made available under this Act to acquire real prop15 erty or any interest in real property. 

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

17 share of the cost of any activity carried out using any as18 sistance made available under this Act shall be 50 percent. 

19 SEC. 5. MANAGEMENT PLAN. 

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

21 date of enactment of this Act, the management entity shall 

22 submit to the Secretary for approval a proposed manage23 ment plan for the Heritage Area. 

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


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1 (1) incorporate an integrated and cooperative 

2 approach for the protection, enhancement, and inter3 pretation of the natural, cultural, historic, scenic, and 

4 recreational resources of the Heritage Area; 

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

6 (3) include— 

7 (A) an inventory of— 

8 (i) the resources located in the core 

9 area described in section 3(b); and 

10 (ii) any other property in the core area 

11 that— 

12 (I) is related to the themes of the 

13 Heritage Area; and 

14 (II) should be preserved, restored, 

15 managed, or maintained because of the 

16 significance of the property; 

17 (B) comprehensive policies, strategies and 

18 recommendations for conservation, funding, 

19 management, and development of the Heritage 

20 Area; 

21 (C) a description of actions that govern22 ments, private organizations, and individuals 

23 have agreed to take to protect the natural, histor24 ical and cultural resources of the Heritage Area; 


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1 (D) a program of implementation for the 

2 management plan by the management entity 

3 that includes a description of— 

4 (i) actions to facilitate ongoing collabo5 ration among partners to promote plans for 

6 resource protection, restoration, and con7 struction; and 

8 (ii) specific commitments for imple9 mentation that have been made by the man10 agement entity or any government, organi11 zation, or individual for the first 5 years of 

12 operation; 

13 (E) the identification of sources of funding 

14 for carrying out the management plan; 

15 (F) analysis and recommendations for 

16 means by which local, State, and Federal pro17 grams, including the role of the National Park 

18 Service in the Heritage Area, may best be coordi19 nated to carry out this Act; and 

20 (G) an interpretive plan for the Heritage 

21 Area; and 

22 (4) recommend policies and strategies for re23 source management that consider and detail the ap24 plication of appropriate land and water management 

25 techniques, including the development of intergovernVerDate Aug 31 2005 22:32 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S443.RS S443

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1 mental and interagency cooperative agreements to 

2 protect the natural, historical, cultural, educational, 

3 scenic, and recreational resources of the Heritage 

4 Area. 

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

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

7 after the date of enactment of this Act, the management en8 tity shall be ineligible to receive additional funding under 

9 this Act until the date that the Secretary receives and ap10 proves the management plan. 

11 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

12 PLAN.— 

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

14 the date of receipt of the management plan under sub15 section (a), the Secretary, in consultation with the 

16 State, shall approve or disapprove the management 

17 plan. 

18 (2) CRITERIA FOR APPROVAL.—In determining 

19 whether to approve the management plan, the Sec20 retary shall consider whether— 

21 (A) the management entity is representative 

22 of the diverse interests of the Heritage Area, in23 cluding governments, natural and historic re24 source protection organizations, educational inVerDate Aug 31 2005 22:32 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\S443.RS S443

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•S 443 RS

1 stitutions, businesses, and recreational organiza2 tions; 

3 (B) the management entity has afforded 

4 adequate opportunity, including public hearings, 

5 for public and governmental involvement in the 

6 preparation of the management plan; and 

7 (C) the resource protection and interpreta8 tion strategies contained in the management 

9 plan, if implemented, would adequately protect 

10 the natural, historical, and cultural resources of 

11 the Heritage Area. 

12 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

13 Secretary disapproves the management plan under 

14 paragraph (1), the Secretary shall— 

15 (A) advise the management entity in writ16 ing of the reasons for the disapproval; 

17 (B) make recommendations for revisions to 

18 the management plan; and 

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

20 of any proposed revision of the management 

21 plan from the management entity, approve or 

22 disapprove the proposed revision. 

23 (4) AMENDMENTS.— 

24 (A) IN GENERAL.—The Secretary shall ap25 prove or disapprove each amendment to the 


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1 management plan that the Secretary determines 

2 make a substantial change to the management 

3 plan. 

4 (B) USE OF FUNDS.—The management en5 tity shall not use Federal funds authorized by 

6 this Act to carry out any amendments to the 

7 management plan until the Secretary has ap8 proved the amendments. 

9 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

10 (a) IN GENERAL.—Nothing in this Act affects the au11 thority of a Federal agency to provide technical or financial 

12 assistance under any other law. 

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

14 any Federal agency planning to conduct activities that may 

15 have an impact on the Heritage Area is encouraged to con16 sult and coordinate the activities with the Secretary and 

17 the management entity to the maximum extent practicable. 

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

19 Act— 

20 (1) modifies, alters, or amends any law or regu21 lation authorizing a Federal agency to manage Fed22 eral land under the jurisdiction of the Federal agency; 

23 (2) limits the discretion of a Federal land man24 ager to implement an approved land use plan within 

25 the boundaries of the Heritage Area; or 


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

2 use of Federal land under the jurisdiction of a Fed3 eral agency. 

4 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC5 TIONS. 

6 Nothing in this Act— 

7 (1) abridges the rights of any property owner 

8 (whether public or private), including the right to re9 frain from participating in any plan, project, pro10 gram, or activity conducted within the Heritage Area; 

11 (2) requires any property owner to permit public 

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

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

14 modify public access or use of property of the prop15 erty owner under any other Federal, State, or local 

16 law; 

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

18 approved land use plan, or other regulatory authority 

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

20 land use or other regulatory authority to the manage21 ment entity; 

22 (4) authorizes or implies the reservation or ap23 propriation of water or water rights; 


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1 (5) diminishes the authority of the State to man2 age fish and wildlife, including the regulation of fish3 ing and hunting within the Heritage Area; or 

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

5 under any other law, of any private property owner 

6 with respect to any person injured on the private 

7 property. 

8 SEC. 8. EVALUATION; REPORT. 

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

10 date on which authority for Federal funding terminates for 

11 the Heritage Area, the Secretary shall— 

12 (1) conduct an evaluation of the accomplish13 ments of the Heritage Area; and 

14 (2) prepare a report in accordance with sub15 section (c). 

16 (b) EVALUATION.—An evaluation conducted under 

17 subsection (a)(1) shall— 

18 (1) assess the progress of the management entity 

19 with respect to— 

20 (A) accomplishing the purposes of this Act 

21 for the Heritage Area; and 

22 (B) achieving the goals and objectives of the 

23 approved management plan for the Heritage 

24 Area; 


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

2 investments in the Heritage Area to determine the le3 verage and impact of the investments; and 

4 (3) review the management structure, partner5 ship relationships, and funding of the Heritage Area 

6 for purposes of identifying the critical components for 

7 sustainability of the Heritage Area. 

8 (c) REPORT.— 

9 (1) IN GENERAL.—Based on the evaluation con10 ducted under subsection (a)(1), the Secretary shall 

11 prepare a report that includes recommendations for 

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

13 with respect to the Heritage Area. 

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

15 under paragraph (1) recommends that Federal fund16 ing for the Heritage Area be reauthorized, the report 

17 shall include an analysis of— 

18 (A) ways in which Federal funding for the 

19 Heritage Area may be reduced or eliminated; 

20 and 

21 (B) the appropriate time period necessary 

22 to achieve the recommended reduction or elimi23 nation. 


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1 (3) SUBMISSION TO CONGRESS.—On completion 

2 of the report, the Secretary shall submit the report 

3 to— 

4 (A) the Committee on Energy and Natural 

5 Resources of the Senate; and 

6 (B) the Committee on Natural Resources of 

7 the House of Representatives. 

8 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

9 There is authorized to be appropriated to carry out 

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

11 may be made available for any fiscal year. 

12 SEC. 10. TERMINATION OF AUTHORITY. 

13 The authority of the Secretary to provide assistance 

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

15 the date of enactment of this Act. 


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Calendar No. 368 

110TH CONGRESS 

1ST SESSION S. 443 

[Report No. 110

–170] 

A BILL 

To establish the Sangre de Cristo National Heritpurposes. age Area in the State of Colorado, and for other 

SEPTEMBER 17, 2007 

Reported with an amendment 


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