I
107TH CONGRESS
2D SESSION
H. R. 5239
To establish the Northern Rio Grande National Heritage Area in the State
of New Mexico, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2002
Mr. UDALL of New Mexico introduced the following bill; which was referred
to the Committee on Resources
A BILL
To establish the Northern Rio Grande National Heritage
Area in the State of New Mexico, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Northern Rio Grande
National Heritage Area Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Northern New Mexico encompasses a mo-
saic of cultures and history, including 8 Pueblos and
the descendants of Spanish ancestors who settled in
the area in 1598.
(2) The combination of cultures, languages, folk
arts, customs, and architecture make northern New
Mexico unique.
(3) The area includes spectacular natural, sce-
nic, and recreational resources.
(4) There is broad support from local govern-
ments and interested individuals to establish a Na-
tional Heritage Area to coordinate and assist in the
preservation and interpretation of these resources.
(5) In 1991, the National Park Service study
Alternative Concepts for Commemorating Spanish
Colonization identified several alternatives consistent
with the establishment of a National Heritage Area,
including conducting a comprehensive archaeological
and historical research program, coordinating a com-
prehensive interpretation program, and interpreting
a cultural heritage scene.
(6) Establishment of a National Heritage Area
in northern New Mexico would assist local commu-
nities and residents in preserving these unique cul-
tural, historical and natural resources.
SEC. 3. DEFINITIONS.
As used in this Act
(1) HERITAGE
AREA.—The term ‘‘heritage
area’’ means the Northern Rio Grande Heritage
Area.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 4. NORTHERN RIO GRANDE NATIONAL HERITAGE
AREA.
(a) ESTABLISHMENT.—There is hereby established
the Northern Rio Grande National Heritage Area in the
State of New Mexico.
(b) BOUNDARIES.—The heritage area shall include
the counties of Santa Fe, Rio Arriba, and Taos in the
State of New Mexico.
(c) MANAGEMENT ENTITY.—
(1) IN GENERAL.—The Northern Rio Grande
National Heritage Area, Inc., a nonprofit corpora-
tion chartered in the State of New Mexico, shall
serve as the management entity for the heritage
area.
(2) BOARD OF DIRECTORS.—The board of di-
rectors for the management entity shall include rep-
resentatives of the State of New Mexico, the coun-
ties of Santa Fe, Rio Arriba and Taos, tribes and
pueblos within the heritage area, the cities of Santa
Fe, Espan˜ola and Taos, and members of the general
public. The number of board members representing
State, local, and tribal governments and interested
communities shall be established to ensure that all
parties have appropriate representation on the
board.
SEC. 5. AUTHORITY AND DUTIES OF THE MANAGEMENT EN-
TITY.
(a) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after
the date of enactment of this Act, the management
entity shall develop and forward to the Secretary a
management plan for the heritage area.
(2) COOPERATION.—The management entity
shall develop the management plan in cooperation
with affected communities and tribal and local gov-
ernments and shall provide for public involvement in
the development and implementation of the manage-
ment plan.
(3) CONTENTS.—The management plan shall,
at a minimuml
(A) provide recommendations for the con-
servation, funding, management, and develop-
ment of the resources of the heritage area;
(B) identify sources of funding;
(C) include an inventory of the cultural,
historical, archaeological, natural, and rec-
reational resources of the heritage area;
(D) provide recommendations for edu-
cational and interpretive programs to inform
the public about the resources of the heritage
area; and
(E) provide an analysis of ways in which
Federal, State, local, and tribal programs may
best be coordinated to promote the purposes of
this Act.
(4) AFFECT OF FAILURE TO SUBMIT MANAGE-
MENT PLAN.—If the management entity fails to sub-
mit a management plan to the Secretary as provided
in paragraph (1), the heritage area shall no longer
be eligible to receive Federal funding under this Act
until such time as a plan is submitted to the Sec-
retary.
(5) APPROVAL OR DISAPPROVAL OF MANAGE-
MENT PLAN.—
(A) DEADLINE.—The Secretary shall ap-
prove or disapprove the management plan not
later than 90 days after the date of submission
to the Secretary.
(B) REASONS FOR DISAPPROVAL AND REC-
OMMENDATIONS FOR REVISIONS.—If the Sec-
retary disapproves the management plan, the
Secretary shall advise the management entity,
in writing, of the reasons therefor and shall
make recommendations for revisions to the
plan.
(6) REVIEW AND REVISION OF MANAGEMENT
PLAN.—The management entity shall periodically re-
view the management plan and submit to the Sec-
retary any recommendations for proposed revisions
to the management plan. Any major revisions to the
management plan must be approved by the Sec-
retary.
(b) AUTHORITY.—The management entity may make
grants and provide technical assistance to tribal and local
governments and other public and private entities to carry
out the management plan.
(c) DUTIES.—The management entity shall—
(1) give priority in implementing actions set
forth in the management plan;
(2) coordinate with tribal and local governments
to better enable then to adopt land use policies con-
sistent with the goals of the management plan;
(3) encourage by appropriate means economic
viability in the heritage area consistent with the
goals of the management plan; and
(4) assist tribal and tribal governments and
nonprofit organizations in—
(A) establishing and maintaining interpre-
tive exhibits in the heritage area;
(B) developing recreational resources in
the heritage area;
(C) increasing public awareness of, and ap-
preciation for, the cultural, historical, archae-
ological, and natural resources and sites in the
heritage area;
(D) the restoration of historic structures
related to the heritage area; and
(E) carrying out other actions that the
management entity determines appropriate to
fulfill the purposes of this Act.
(d) PROHIBITION ON ACQUIRING REAL PROPERTY.—
The management entity may not use Federal funds re-
ceived under this Act to acquire real property or any inter-
est in real property.
(e) PUBLIC MEETINGS.—The management entity
shall hold public meetings at least annually regarding the
implementation of the management plan.
(f) ANNUAL REPORTS AND AUDITS.—
(1) ANNUAL REPORTS.—For any year in which
the management entity receives Federal funds under
this Act, the management entity shall submit an an-
nual report to the Secretary setting forth accom-
plishments, expenses and income, and each entity to
which any grant was made by the management enti-
ty.
(2) AUDITS.—The management entity shall
make available to the Secretary for audit all records
relating to the expenditure of Federal funds and any
matching funds. The management entity shall also
require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations,
that the receiving organization make available to the
Secretary for audit all records concerning the ex-
penditure of those funds.
SEC. 6. DUTIES OF THE SECRETARY.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—The
Secretary may, upon request of the management entity,
provide technical and financial assistance to develop and
implement the management plan.
(b) PRIORITY.—In providing assistance under sub-
section (a), the Secretary shall give priority to actions that
facilitate—
(1) the conservation of the significant natural,
cultural, historical, archaeological, scenic, and rec-
reational resources of the heritage area; and
(2) the provision of educational, interpretive,
and recreational opportunities that are consistent
with the resources and associated values of the herit-
age area.
SEC. 7. SAVINGS PROVISIONS.
(a) NO EFFECT ON PRIVATE PROPERTY.—Nothing
in this Act shall be construed—
(1) to modify, enlarge, or diminish any author-
ity of Federal, State,tribal, or local governments to
regulate any use of privately owned lands; or
(2) to grant the management entity any author-
ity to regulate the use of privately owned lands.
(b) TRIBAL LANDS.—Nothing in this Act shall be
construed to restrict or limit an Indian tribe from pro-
tecting cultural or religious sites on tribal lands.
(c) AUTHORITY OF GOVERNMENTS.—Nothing in this
Act shall be construed—
(1) to modify, enlarge, or diminish any author-
ity of Federal, State, tribal, or local governments to
manage or regulate any use of land as provided for
by law or regulation; or
(2) to authorize the management entity to as-
sume any management authorities over such lands.
(d) TRUST RESPONSIBILITIES.—Nothing in this Act
shall be construed to diminish the Federal Government’s
trust responsibilities or government-to-government obliga-
tions to any federally recognized Indian tribe.
SEC. 8. SUNSET.
The Secretary may not make any grant or provide
any financial assistance under this Act after September
30, 2017.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $10,000,000
to carry out this Act. Not more than $1,000,000 may be
appropriated for any fiscal year. The Federal share of the
costs for any activity funded under this Act shall not ex-
ceed 50 percent.
Æ