108TH CONGRESS

2D SESSION S. 211

AN ACT

To establish the Northern Rio Grande National Heritage

Area in the State of New Mexico, 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 ‘‘Northern Rio Grande

5 National Heritage Area Act’’.
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1 SEC. 2. CONGRESSIONAL FINDINGS.

2 The Congress finds that—

3 (1) northern New Mexico encompasses a mosaic

4 of cultures and history, including eight Pueblos and

5 the descendants of Spanish ancestors who settled in

6 the area in 1598;

7 (2) the combination of cultures, languages, folk

8 arts, customs, and architecture make northern New

9 Mexico unique;

10 (3) the area includes spectacular natural, sce11 nic, and recreational resources;

12 (4) there is broad support from local govern13 ments and interested individuals to establish a Na14 tional Heritage Area to coordinate and assist in the

15 preservation and interpretation of these resources;

16 (5) in 1991, the National Park Service study

17 Alternative Concepts for Commemorating Spanish

18 Colonization identified several alternatives consistent

19 with the establishment of a National Heritage Area,

20 including conducting a comprehensive archaeological

21 and historical research program, coordinating a com22 prehensive interpretation program, and interpreting

23 a cultural heritage scene; and

24 (6) establishment of a National Heritage Area

25 in northern New Mexico would assist local commu-
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1 nities and residents in preserving these unique cul2 tural, historical and natural resources.

3 SEC. 3. DEFINITIONS.

4 As used in this Act—

5 (1) the term ‘‘heritage area’’ means the North6 ern Rio Grande Heritage Area; and

7 (2) the term ‘‘Secretary’’ means the Secretary

8 of the Interior.

9 SEC. 4. NORTHERN RIO GRANDE NATIONAL HERITAGE

10 AREA.

11 (a) ESTABLISHMENT.—There is hereby established

12 the Northern Rio Grande National Heritage Area in the

13 State of New Mexico.

14 (b) BOUNDARIES.—The heritage area shall include

15 the counties of Santa Fe, Rio Arriba, and Taos.

16 (c) MANAGEMENT ENTITY.—

17 (1) The Northern Rio Grande National Herit18 age Area, Inc., a non-profit corporation chartered in

19 the State of New Mexico, shall serve as the manage20 ment entity for the heritage area.

21 (2) The Board of Directors for the management

22 entity shall include representatives of the State of

23 New Mexico, the counties of Santa Fe, Rio Arriba

24 and Taos, tribes and pueblos within the heritage

25 area, the cities of Santa Fe, Espanola and Taos, and
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1 members of the general public. The total number of

2 Board members and the number of Directors rep3 resenting State, local and tribal governments and in4 terested communities shall be established to ensure

5 that all parties have appropriate representation on

6 the Board.

7 SEC. 5. AUTHORITY AND DUTIES OF THE MANAGEMENT EN8 TITY.

9 (a) MANAGEMENT PLAN.—

10 (1) Not later than 3 years after the date of en11 actment of this Act, the management entity shall de12 velop and forward to the Secretary a management

13 plan for the heritage area.

14 (2) The management entity shall develop and

15 implement the management plan in cooperation with

16 affected communities, tribal and local governments

17 and shall provide for public involvement in the devel18 opment and implementation of the management

19 plan.

20 (3) The management plan shall, at a

21 minimum—

22 (A) provide recommendations for the con23 servation, funding, management, and develop24 ment of the resources of the heritage area;

25 (B) identify sources of funding;
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1 (C) include an inventory of the cultural,

2 historical, archaeological, natural, and rec3 reational resources of the heritage area;

4 (D) provide recommendations for edu5 cational and interpretive programs to inform

6 the public about the resources of the heritage

7 area; and

8 (E) include an analysis of ways in which

9 local, State, Federal, and tribal programs may

10 best be coordinated to promote the purposes of

11 this Act.

12 (4) If the management entity fails to submit a

13 management plan to the secretary as provided in

14 paragraph (1), the heritage area shall no longer be

15 eligible to receive Federal funding under this Act

16 until such time as a plan is submitted to the Sec17 retary.

18 (5) The Secretary shall approve or disapprove

19 the management plan within 90 days after the date

20 of submission. If the Secretary disapproves the man21 agement plan, the Secretary shall advise the man22 agement entity in writing of the reasons therefore

23 and shall make recommendations for revisions to the

24 plan.
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1 (6) The management entity shall periodically

2 review the management plan and submit to the Sec3 retary any recommendations for proposed revisions

4 to the management plan. Any major revisions to the

5 management plan must be approved by the Sec6 retary.

7 (b) AUTHORITY.—The management entity may make

8 grants and provide technical assistance to tribal and local

9 governments, and other public and private entities to carry

10 out the management plan.

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

12 (1) give priority in implementing actions set

13 forth in the management plan;

14 (2) coordinate with tribal and local governments

15 to better enable them to adopt land use policies con16 sistent with the goals of the management plan;

17 (3) encourage by appropriate means economic

18 viability in the heritage area consistent with the

19 goals of the management plan; and

20 (4) assist local and tribal governments and non21 profit organizations in—

22 (A) establishing and maintaining interpre23 tive exhibits in the heritage area;

24 (B) developing recreational resources in

25 the heritage area;
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1 (C) increasing public awareness of, and ap2 preciation for, the cultural, historical, archae3 ological and natural resources and sits in the

4 heritage area;

5 (D) the restoration of historic structures

6 related to the heritage area; and

7 (E) carrying out other actions that the

8 management entity determines appropriate to

9 fulfill the purposes of this Act, consistent with

10 the management plan.

11 (d) PROHIBITION ON ACQUIRING REAL PROPERTY.—

12 The management entity may not use Federal funds re13 ceived under this Act to acquire real property or an inter14 est in real property.

15 (e) PUBLIC MEETINGS.—The management entity

16 shall hold public meetings at least annually regarding the

17 implementation of the management plan.

18 (f) ANNUAL REPORTS AND AUDITS.—

19 (1) For any year in which the management en20 tity receives Federal funds under this Act, the man21 agement entity shall submit an annual report to the

22 Secretary setting forth accomplishments, expenses

23 and income, and each entity to which any grant was

24 made by the management entity.
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1 (2) The management entity shall make avail2 able to the Secretary for audit all records relating to

3 the expenditure of Federal funds and any matching

4 funds. The management entity shall also require, for

5 all agreements authorizing expenditure of Federal

6 funds by other organizations, that the receiving or7 ganization make available to the Secretary for audit

8 all records concerning the expenditure of those

9 funds.

10 SEC. 6. DUTIES OF THE SECRETARY.

11 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—The

12 Secretary may, upon request of the management entity,

13 provide technical and financial assistance to develop and

14 implement the management plan.

15 (b) PRIORITY.—In providing assistance under sub16 section (a), the Secretary shall give priority to actions that

17 facilitate—

18 (1) the conservation of the significant natural,

19 cultural, historical, archaeological, scenic, and rec20 reational resources of the heritage area; and

21 (2) the provision of educational, interpretive,

22 and recreational opportunities consistent with the re23 sources and associated values of the heritage area.
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1 SEC. 7. SAVINGS PROVISIONS.

2 (a) NO EFFECT ON PRIVATE PROPERTY.—Nothing

3 in this Act shall be construed—

4 (1) to modify, enlarge, or diminish any author5 ity of Federal, State, or local governments to regu6 late any use of privately owned lands; or

7 (2) to grant the management entity any author8 ity to regulate the use of privately owned lands.

9 (b) TRIBAL LANDS.—Nothing in this Act shall re10 strict or limit a tribe from protecting cultural or religious

11 sites on tribal lands.

12 (c) AUTHORITY OF GOVERNMENTS.—Nothing in this

13 Act shall—

14 (1) modify, enlarge, or diminish any authority

15 of Federal, State, tribal, or local governments to

16 manage or regulate any use of land as provided for

17 by law or regulation; or

18 (2) authorize the management entity to assume

19 any management authorities over such lands.

20 (d) TRUST RESPONSIBILITIES.—Nothing in this Act

21 shall diminish the Federal Government’s trust responsibil22 ities or government-to-government obligations to any fed23 erally recognized Indian tribe.
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1 SEC. 8. SUNSET.

2 The authority of the Secretary to provide assistance

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

4 after the date of enactment of this Act.

5 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

6 (a) IN GENERAL.—There are authorized to be appro7 priated to carry out this Act $10,000,000, of which not

8 more than $1,000,000 may be authorized to be appro9 priated for any fiscal year.

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

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

12 Act shall be not more than 50 percent.

Passed the Senate September 15, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 211

AN ACT

To establish the Northern Rio Grande National

for other purposes.Heritage Area in the State of New Mexico, and