IIB 

111TH CONGRESS 

1ST SESSION H. R. 324 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2009 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To establish the Santa Cruz Valley National Heritage Area, 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Santa Cruz Valley National Heritage Area Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Designation of Santa Cruz Valley National Heritage Area. 

Sec. 5. Management plan. 

Sec. 6. Evaluation; report. 

Sec. 7. Local coordinating entity. 

Sec. 8. Relationship to other Federal agencies. 

Sec. 9. Private property and regulatory protections. 

Sec. 10. Authorization of appropriations. 

Sec. 11. Use of Federal funds from other sources. 

Sec. 12. Sunset for grants and other assistance. 

Sec. 13. Border security. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act include— 

8 (1) to establish the Santa Cruz Valley National 

9 Heritage Area in the State of Arizona; 

10 (2) to implement the recommendations of the 

11 ‘‘Alternative Concepts for Commemorating Spanish 

12 Colonization’’ study completed by the National Park 

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

14 Santa Cruz Valley National Heritage Area’’ pre15 pared by the Center for Desert Archaeology in July 

16 2005; 

17 (3) to provide a management framework to fos18 ter a close working relationship with all levels of 

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1 munities in the region and to conserve the region’s 

2 heritage while continuing to pursue compatible eco3 nomic opportunities; 

4 (4) to assist communities, organizations, and 

5 citizens in the State of Arizona in identifying, pre6 serving, interpreting, and developing the historical, 

7 cultural, scenic, and natural resources of the region 

8 for the educational and inspirational benefit of cur9 rent and future generations; and 

10 (5) to provide appropriate linkages between 

11 units of the National Park System and communities, 

12 governments, and organizations within the National 

13 Heritage Area. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) NATIONAL HERITAGE AREA.—The term 

17 ‘‘National Heritage Area’’ means the Santa Cruz 

18 Valley National Heritage Area established in this 

19 Act. 

20 (2) LOCAL COORDINATING ENTITY.—The term 

21 ‘‘local coordinating entity’’ means the Santa Cruz 

22 Valley Heritage Alliance, Inc., which is hereby des23 ignated by Congress— 


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1 (A) to develop, in partnership with others, 

2 the management plan for the National Heritage 

3 Area; and 

4 (B) to act as a catalyst for the implemen5 tation of projects and programs among diverse 

6 partners in the National Heritage Area. 

7 (3) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the plan prepared by the local co9 ordinating entity for the National Heritage Area 

10 that specifies actions, policies, strategies, perform11 ance goals, and recommendations to meet the goals 

12 of the National Heritage Area, in accordance with 

13 this Act. 

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

15 the Secretary of the Interior. 

16 SEC. 4. DESIGNATION OF SANTA CRUZ VALLEY NATIONAL 

17 HERITAGE AREA. 

18 (a) ESTABLISHMENT.—There is hereby established 

19 the Santa Cruz Valley National Heritage Area. 

20 (b) BOUNDARIES.— 

21 (1) IN GENERAL.—The National Heritage Area 

22 shall consist of portions of the counties of Santa 

23 Cruz and Pima. 

24 (2) MAP.—The boundaries of the National Her25 itage Area shall be as generally depicted on the map 


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1 titled ‘‘Santa Cruz Valley National Heritage Area’’, 

2 and numbered T09/80,000, and dated November 13, 

3 2007. The map shall be on file and available to the 

4 public in the appropriate offices of the National 

5 Park Service and the local coordinating entity. 

6 SEC. 5. MANAGEMENT PLAN. 

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

8 National Heritage Area shall— 

9 (1) describe comprehensive policies, goals, strat10 egies, and recommendations for telling the story of 

11 the heritage of the area covered by the National 

12 Heritage Area and encouraging long-term resource 

13 protection, enhancement, interpretation, funding, 

14 management, and development of the National Her15 itage Area; 

16 (2) include a description of actions and commit17 ments that Federal, State, Tribal, and local govern18 ments, private organizations, and citizens will take 

19 to protect, enhance, interpret, fund, manage, and de20 velop the natural, historical, cultural, educational, 

21 scenic, and recreational resources of the National 

22 Heritage Area; 

23 (3) specify existing and potential sources of 

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1 tect, enhance, interpret, fund, manage, and develop 

2 the National Heritage Area; 

3 (4) include an inventory of the natural, histor4 ical, cultural, educational, scenic, and recreational 

5 resources of the National Heritage Area related to 

6 the national importance and themes of the National 

7 Heritage Area that should be protected, enhanced, 

8 interpreted, managed, funded, and developed; 

9 (5) recommend policies and strategies for re10 source management, including the development of 

11 intergovernmental and interagency agreements to 

12 protect, enhance, interpret, fund, manage, and de13 velop the natural, historical, cultural, educational, 

14 scenic, and recreational resources of the National 

15 Heritage Area; 

16 (6) describe a program for implementation for 

17 the management plan, including— 

18 (A) performance goals; 

19 (B) plans for resource protection, enhance20 ment, interpretation, funding, management, and 

21 development; and 

22 (C) specific commitments for implementa23 tion that have been made by the local coordi24 nating entity or any Federal, State, Tribal, or 


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1 local government agency, organization, busi2 ness, or individual; 

3 (7) include an analysis of, and recommenda4 tions for, means by which Federal, State, Tribal, 

5 and local programs may best be coordinated (includ6 ing the role of the National Park Service and other 

7 Federal agencies associated with the National Herit8 age Area) to further the purposes of this Act; and 

9 (8) include a business plan that— 

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

11 and functions of the local coordinating entity 

12 and of each of the major activities contained in 

13 the management plan; and 

14 (B) provides adequate assurances that the 

15 local coordinating entity has the partnerships 

16 and financial and other resources necessary to 

17 implement the management plan for the Na18 tional Heritage Area. 

19 (b) DEADLINE.— 

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

21 the date on which funds are first made available to 

22 develop the management plan after designation as a 

23 National Heritage Area, the local coordinating entity 

24 shall submit the management plan to the Secretary 

25 for approval. 


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1 (2) TERMINATION OF FUNDING.—If the man2 agement plan is not submitted to the Secretary in 

3 accordance with paragraph (1), the local coordi4 nating entity shall not qualify for any additional fi5 nancial assistance under this Act until such time as 

6 the management plan is submitted to and approved 

7 by the Secretary. 

8 (c) APPROVAL OF MANAGEMENT PLAN.— 

9 (1) REVIEW.—Not later than 180 days after re10 ceiving the plan, the Secretary, in consultation with 

11 the Secretary of Homeland Security, shall review 

12 and approve or disapprove the management plan for 

13 a National Heritage Area on the basis of the criteria 

14 established under paragraph (3). 

15 (2) CONSULTATION.—The Secretary shall con16 sult with the Governor of each State in which the 

17 National Heritage Area is located before approving 

18 a management plan for the National Heritage Area. 

19 (3) CRITERIA FOR APPROVAL.—In determining 

20 whether to approve a management plan for a Na21 tional Heritage Area, the Secretary shall consider 

22 whether— 

23 (A) the local coordinating entity represents 

24 the diverse interests of the National Heritage 

25 Area, including Federal, State, Tribal, and local 


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1 governments, natural and historic resource pro2 tection organizations, educational institutions, 

3 businesses, recreational organizations, commu4 nity residents, and private property owners; 

5 (B) the local coordinating entity— 

6 (i) has afforded adequate opportunity 

7 for public and Federal, State, Tribal, and 

8 local governmental involvement (including 

9 through workshops and hearings) in the 

10 preparation of the management plan; and 

11 (ii) provides for at least semiannual 

12 public meetings to ensure adequate imple13 mentation of the management plan; 

14 (C) the resource protection, enhancement, 

15 interpretation, funding, management, and de16 velopment strategies described in the manage17 ment plan, if implemented, would adequately 

18 protect, enhance, interpret, fund, manage, and 

19 develop the natural, historic, cultural, edu20 cational, scenic, and recreational resources of 

21 the National Heritage Area; 

22 (D) the management plan would not ad23 versely affect any activities authorized on Fed24 eral land under public land laws or land use 

25 plans; 


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1 (E) the local coordinating entity has dem2 onstrated the financial capability, in partner3 ship with others, to carry out the plan; 

4 (F) the Secretary has received adequate 

5 assurances from the appropriate State, Tribal, 

6 and local officials whose support is needed to 

7 ensure the effective implementation of the 

8 State, Tribal, and local elements of the manage9 ment plan; and 

10 (G) the management plan demonstrates 

11 partnerships among the local coordinating enti12 ty, Federal, State, Tribal, and local govern13 ments, regional planning organizations, non14 profit organizations, or private sector parties 

15 for implementation of the management plan. 

16 (4) DISAPPROVAL.— 

17 (A) IN GENERAL.—If the Secretary dis18 approves the management plan, the Secretary— 

19 (i) shall advise the local coordinating 

20 entity in writing of the reasons for the dis21 approval; and 

22 (ii) may make recommendations to the 

23 local coordinating entity for revisions to 

24 the management plan. 


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1 (B) DEADLINE.—Not later than 180 days 

2 after receiving a revised management plan, the 

3 Secretary shall approve or disapprove the re4 vised management plan. 

5 (5) AMENDMENTS.— 

6 (A) IN GENERAL.—An amendment to the 

7 management plan that substantially alters the 

8 purposes of the National Heritage Area shall be 

9 reviewed by the Secretary and approved or dis10 approved in the same manner as the original 

11 management plan. 

12 (B) IMPLEMENTATION.—The local coordi13 nating entity shall not use Federal funds au14 thorized by this Act to implement an amend15 ment to the management plan until the Sec16 retary approves the amendment. 

17 (6) AUTHORITIES.—The Secretary may— 

18 (A) provide technical assistance under the 

19 authority of this Act for the development and 

20 implementation of the management plan; and 

21 (B) enter into cooperative agreements with 

22 interested parties to carry out this Act. 

23 SEC. 6. EVALUATION; REPORT. 

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

25 date on which authority for Federal funding terminates 


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1 for the National Heritage Area under this Act, the Sec2 retary shall— 

3 (1) conduct an evaluation of the accomplish4 ments of the National Heritage Area; and 

5 (2) prepare a report in accordance with sub6 section (c). 

7 (b) EVALUATION.—An evaluation conducted under 

8 subsection (a)(1) shall— 

9 (1) assess the progress of the local coordinating 

10 entity with respect to— 

11 (A) accomplishing the purposes of the au12 thorizing legislation for the National Heritage 

13 Area; and 

14 (B) achieving the goals and objectives of 

15 the approved management plan for the National 

16 Heritage Area; 

17 (2) analyze the Federal, State, Tribal, and 

18 local, and private investments in the National Herit19 age Area to determine the impact of the invest20 ments; and 

21 (3) review the management structure, partner22 ship relationships, and funding of the National Her23 itage Area for purposes of identifying the critical 

24 components for sustainability of the National Herit25 age Area. 


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1 (c) REPORT.—Based on the evaluation conducted 

2 under subsection (a)(1), the Secretary shall submit a re3 port to the Committee on Natural Resources of the United 

4 States House of Representatives and the Committee on 

5 Energy and Natural Resources of the United States Sen6 ate. The report shall include recommendations for the fu7 ture role of the National Park Service, if any, with respect 

8 to the National Heritage Area. 

9 SEC. 7. LOCAL COORDINATING ENTITY. 

10 (a) DUTIES.—To further the purposes of the Na11 tional Heritage Area, the Santa Cruz Valley Heritage Alli12 ance, Inc., as the local coordinating entity, shall— 

13 (1) prepare a management plan for the Na14 tional Heritage Area, and submit the management 

15 plan to the Secretary, in accordance with this Act; 

16 (2) submit an annual report to the Secretary 

17 for each fiscal year for which the local coordinating 

18 entity receives Federal funds under this Act, speci19 fying— 

20 (A) the specific performance goals and ac21 complishments of the local coordinating entity; 

22 (B) the expenses and income of the local 

23 coordinating entity; 

24 (C) the amounts and sources of matching 

25 funds; 


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1 (D) the amounts leveraged with Federal 

2 funds and sources of the leveraging; and 

3 (E) grants made to any other entities dur4 ing the fiscal year; 

5 (3) make available for audit for each fiscal year 

6 for which the local coordinating entity receives Fed7 eral funds under this Act, all information pertaining 

8 to the expenditure of the funds and any matching 

9 funds; and 

10 (4) encourage economic viability and sustain11 ability that is consistent with the purposes of the 

12 National Heritage Area. 

13 (b) AUTHORITIES.—For the purposes of preparing 

14 and implementing the approved management plan for the 

15 National Heritage Area, the local coordinating entity may 

16 use Federal funds made available under this Act to— 

17 (1) make grants to political jurisdictions, non18 profit organizations, and other parties within the 

19 National Heritage Area; 

20 (2) enter into cooperative agreements with or 

21 provide technical assistance to political jurisdictions, 

22 nonprofit organizations, Federal agencies, and other 

23 interested parties; 

24 (3) hire and compensate staff, including individ25 uals with expertise in— 


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1 (A) natural, historical, cultural, edu2 cational, scenic, and recreational resource con3 servation; 

4 (B) economic and community development; 

5 and 

6 (C) heritage planning; 

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

8 including other Federal programs; 

9 (5) contract for goods or services; and 

10 (6) support activities of partners and any other 

11 activities that further the purposes of the National 

12 Heritage Area and are consistent with the approved 

13 management plan. 

14 (c) PROHIBITION ON ACQUISITION OF REAL PROP15 ERTY.—The local coordinating entity may not use Federal 

16 funds authorized under this Act to acquire any interest 

17 in real property. 

18 SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

19 (a) IN GENERAL.—Nothing in this Act affects the au20 thority of a Federal agency to provide technical or finan21 cial assistance under any other law. 

22 (b) CONSULTATION AND COORDINATION.—The head 

23 of any Federal agency planning to conduct activities that 

24 may have an impact on a National Heritage Area is en25 couraged to consult and coordinate the activities with the 


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1 Secretary and the local coordinating entity to the max2 imum extent practicable. 

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

4 Act— 

5 (1) modifies, alters, or amends any law or regu6 lation authorizing a Federal agency to manage Fed7 eral land under the jurisdiction of the Federal agen8 cy; 

9 (2) limits the discretion of a Federal land man10 ager to implement an approved land use plan within 

11 the boundaries of a National Heritage Area; 

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

13 use of Federal land under the jurisdiction of a Fed14 eral agency; or 

15 (4) modifies, restricts, impedes, hinders, or sup16 plants any border enforcement or security authority, 

17 including drug interdiction and illegal immigration 

18 control. 

19 SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTEC20 TIONS. 

21 (a) CLARIFICATION.—Nothing in this Act— 

22 (1) abridges the rights of any property owner 

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1 gram, or activity conducted within the National Her2 itage Area; 

3 (2) requires any property owner to permit pub4 lic access (including access by Federal, State, Tribal, 

5 or local agencies) to the property of the property 

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

7 of the property owner under any other Federal, 

8 State, Tribal, or local law; 

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

10 approved land use plan, or other regulatory author11 ity of any Federal, State, Tribal, or local agency, or 

12 conveys any land use or other regulatory authority 

13 to any local coordinating entity, including but not 

14 necessarily limited to development and management 

15 of energy, water, or water-related infrastructure; 

16 (4) authorizes or implies the reservation or ap17 propriation of water or water rights; 

18 (5) diminishes the authority of the State to 

19 manage fish and wildlife, including the regulation of 

20 fishing and hunting within the National Heritage 

21 Area; or 

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

23 under any other law, of any private property owner 

24 with respect to any person injured on the private 

25 property. 


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1 (b) PRIVATE PROPERTY OWNER PROTECTION.— 

2 (1) No privately owned property shall be pre3 served, conserved, or promoted by the management 

4 plan for the National Heritage Area until the owner 

5 of that private property has been notified in writing 

6 by the management entity and has given written 

7 consent for such preservation, conservation, or pro8 motion to the management entity. 

9 (2) Any owner of private property included 

10 within the boundary of the National Heritage Area 

11 shall have their property immediately removed from 

12 within the boundary by submitting a written request 

13 to the management entity. 

14 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject 

16 to subsection (b), there are authorized to be appropriated 

17 to carry out this Act not more than $1,000,000 for any 

18 fiscal year. Funds so appropriated shall remain available 

19 until expended. 

20 (b) LIMITATION ON TOTAL AMOUNTS APPRO21 PRIATED.—Not more than $15,000,000 may be appro22 priated to carry out this Act. 

23 (c) COST-SHARING REQUIREMENT.—The Federal 

24 share of the total cost of any activity under this Act shall 

25 be not more than 50 percent; the non-Federal contribution 


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1 may be in the form of in-kind contributions of goods or 

2 services fairly valued. 

3 SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

4 Nothing in this Act shall preclude the local coordi5 nating entity from using Federal funds available under 

6 other laws for the purposes for which those funds were 

7 authorized. 

8 SEC. 12. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

9 The authority of the Secretary to provide financial 

10 assistance under this Act terminates on the date that is 

11 15 years after the date of enactment of this Act. 

12 SEC. 13. BORDER SECURITY. 

13 Nothing in this Act may impede, prohibit, or restrict 

14 activities of the Secretary of Homeland Security to achieve 

15 operational control (as defined under Public Law 109– 

16 367) within the National Heritage Area. 

Passed the House of Representatives September 23, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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