II 

109TH CONGRESS 

1ST SESSION S. 63 

To establish the Northern Rio Grande National Heritage Area in the State 

of New Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. BINGAMAN (for himself and Mr. DOMENICI) introduced the following bill; 

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

A BILL 

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’’. 

6 SEC. 2. CONGRESSIONAL FINDINGS. 

7 The Congress finds that— 

8 (1) northern New Mexico encompasses a mosaic 

9 of cultures and history, including eight Pueblos and 
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1 the descendants of Spanish ancestors who settled in 

2 the area in 1598; 

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

4 arts, customs, and architecture make northern New 

5 Mexico unique; 

6 (3) the area includes spectacular natural, sce7 nic, and recreational resources; 

8 (4) there is broad support from local govern9 ments and interested individuals to establish a Na10 tional Heritage Area to coordinate and assist in the 

11 preservation and interpretation of these resources; 

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

13 Alternative Concepts for Commemorating Spanish 

14 Colonization identified several alternatives consistent 

15 with the establishment of a National Heritage Area, 

16 including conducting a comprehensive archaeological 

17 and historical research program, coordinating a com18 prehensive interpretation program, and interpreting 

19 a cultural heritage scene; and 

20 (6) establishment of a National Heritage Area 

21 in northern New Mexico would assist local commu22 nities and residents in preserving these unique cul23 tural, historical and natural resources. 

24 SEC. 3. DEFINITIONS. 

25 As used in this Act— 
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1 (1) the term ‘‘heritage area’’ means the North2 ern Rio Grande Heritage Area; and 

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

4 of the Interior. 

5 SEC. 4. NORTHERN RIO GRANDE NATIONAL HERITAGE 

6 AREA. 

7 (a) ESTABLISHMENT.—There is hereby established 

8 the Northern Rio Grande National Heritage Area in the 

9 State of New Mexico. 

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

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

12 (c) MANAGEMENT ENTITY.— 

13 (1) The Northern Rio Grande National Herit14 age Area, Inc., a non-profit corporation chartered in 

15 the State of New Mexico, shall serve as the manage16 ment entity for the heritage area. 

17 (2) The Board of Directors for the management 

18 entity shall include representatives of the State of 

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

20 and Taos, tribes and pueblos within the heritage 

21 area, the cities of Santa Fe, Espanola and Taos, and 

22 members of the general public. The total number of 

23 Board members and the number of Directors rep24 resenting State, local and tribal governments and in25 terested communities shall be established to ensure 
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1 that all parties have appropriate representation on 

2 the Board. 

3 SEC. 5. AUTHORITY AND DUTIES OF THE MANAGEMENT EN4 TITY. 

5 (a) MANAGEMENT PLAN.— 

6 (1) Not later than 3 years after the date of en7 actment of this Act, the management entity shall de8 velop and forward to the Secretary a management 

9 plan for the heritage area. 

10 (2) The management entity shall develop and 

11 implement the management plan in cooperation with 

12 affected communities, tribal and local governments 

13 and shall provide for public involvement in the devel14 opment and implementation of the management 

15 plan. 

16 (3) The management plan shall, at a min17 imum— 

18 (A) provide recommendations for the con19 servation, funding, management, and develop20 ment of the resources of the heritage area; 

21 (B) identify sources of funding; 

22 (C) include an inventory of the cultural, 

23 historical, archaeological, natural, and rec24 reational resources of the heritage area; 
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1 (D) provide recommendations for edu2 cational and interpretive programs to inform 

3 the public about the resources of the heritage 

4 area; and 

5 (E) include an analysis of ways in which 

6 local, State, Federal, and tribal programs may 

7 best be coordinated to promote the purposes of 

8 this Act. 

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

10 management plan to the secretary as provided in 

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

12 eligible to receive Federal funding under this Act 

13 until such time as a plan is submitted to the Sec14 retary. 

15 (5) The Secretary shall approve or disapprove 

16 the management plan within 90 days after the date 

17 of submission. If the Secretary disapproves the man18 agement plan, the Secretary shall advise the man19 agement entity in writing of the reasons therefore 

20 and shall make recommendations for revisions to the 

21 plan. 

22 (6) The management entity shall periodically 

23 review the management plan and submit to the Sec24 retary any recommendations for proposed revisions 

25 to the management plan. Any major revisions to the 
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1 management plan must be approved by the Sec2 retary. 

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

4 grants and provide technical assistance to tribal and local 

5 governments, and other public and private entities to carry 

6 out the management plan. 

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

8 (1) give priority in implementing actions set 

9 forth in the management plan; 

10 (2) coordinate with tribal and local governments 

11 to better enable them to adopt land use policies con12 sistent with the goals of the management plan; 

13 (3) encourage by appropriate means economic 

14 viability in the heritage area consistent with the 

15 goals of the management plan; and 

16 (4) assist local and tribal governments and non17 profit organizations in— 

18 (A) establishing and maintaining interpre19 tive exhibits in the heritage area; 

20 (B) developing recreational resources in 

21 the heritage area; 

22 (C) increasing public awareness of, and ap23 preciation for, the cultural, historical, archae24 ological and natural resources and sits in the 

25 heritage area; 
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1 (D) the restoration of historic structures 

2 related to the heritage area; and 

3 (E) carrying out other actions that the 

4 management entity determines appropriate to 

5 fulfill the purposes of this Act, consistent with 

6 the management plan. 

7 (d) PROHIBITION ON ACQUIRING REAL PROPERTY.— 

8 The management entity may not use Federal funds re9 ceived under this Act to acquire real property or an inter10 est in real property. 

11 (e) PUBLIC MEETINGS.—The management entity 

12 shall hold public meetings at least annually regarding the 

13 implementation of the management plan. 

14 (f) ANNUAL REPORTS AND AUDITS.— 

15 (1) For any year in which the management en16 tity receives Federal funds under this Act, the man17 agement entity shall submit an annual report to the 

18 Secretary setting forth accomplishments, expenses 

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

20 made by the management entity. 

21 (2) The management entity shall make avail22 able to the Secretary for audit all records relating to 

23 the expenditure of Federal funds and any matching 

24 funds. The management entity shall also require, for 

25 all agreements authorizing expenditure of Federal 
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1 funds by other organizations, that the receiving or2 ganization make available to the Secretary for audit 

3 all records concerning the expenditure of those 

4 funds. 

5 SEC. 6. DUTIES OF THE SECRETARY. 

6 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—The 

7 Secretary may, upon request of the management entity, 

8 provide technical and financial assistance to develop and 

9 implement the management plan. 

10 (b) PRIORITY.—In providing assistance under sub11 section (a), the Secretary shall give priority to actions that 

12 facilitate— 

13 (1) the conservation of the significant natural, 

14 cultural, historical, archaeological, scenic, and rec15 reational resources of the heritage area; and 

16 (2) the provision of educational, interpretive, 

17 and recreational opportunities consistent with the re18 sources and associated values of the heritage area. 

19 SEC. 7. SAVINGS PROVISIONS. 

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

21 in this Act shall be construed— 

22 (1) to modify, enlarge, or diminish any author23 ity of Federal, State, or local governments to regu24 late any use of privately owned lands; or 
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1 (2) to grant the management entity any author2 ity to regulate the use of privately owned lands. 

3 (b) TRIBAL LANDS.—Nothing in this Act shall re4 strict or limit a tribe from protecting cultural or religious 

5 sites on tribal lands. 

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

7 Act shall— 

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

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

10 manage or regulate any use of land as provided for 

11 by law or regulation; or 

12 (2) authorize the management entity to assume 

13 any management authorities over such lands. 

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

15 shall diminish the Federal Government’s trust responsibil16 ities or government-to-government obligations to any fed17 erally recognized Indian tribe. 

18 SEC. 8. SUNSET. 

19 The authority of the Secretary to provide assistance 

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

21 after the date of enactment of this Act. 

22 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) IN GENERAL.—There are authorized to be appro24 priated to carry out this Act $10,000,000, of which not 
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1 more than $1,000,000 may be authorized to be appro2 priated for any fiscal year. 

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

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

5 Act shall be not more than 50 percent. 

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