(B) developing historical, cultural, natural, 
and educational programs in the Heritage Area; 
(C) increasing public awareness of and ap-
preciation for the natural, historical, and archi-
tectural resources and sites in the Heritage 
Area; 
(D) restoring any historic building relating 
to the themes of the Heritage Area; and 
(E) ensuring that clear signs identifying 
access points and sites of interest are placed 
throughout the Heritage Area; and 
(F) consider the interests of diverse gov-
ernmental, business, and nonprofit groups with-
in the Heritage Area. 
(e) CONSEQUENCES
OF NONCOMPLIANCE.—If the 
management entity does not comply with the provisions 
of this Act, it shall cease to be the management entity 
and its authority shall not be recognized, nor shall its 
management plan or any other work product be used, to 
implement this Act. 
SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY. 
(a) TECHNICAL ASSISTANCE.— 
(1) IN
GENERAL.—The Secretary may, upon 
the request of the management entity and subject to 
the availability of resources, provide technical assist-
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ance to the management entity to carry out its du-
ties under this Act, including updating and imple-
menting the management plan that is submitted 
under section 5(b) and approved by the Secretary 
and, prior to such approval, providing assistance for 
initiatives. 
(2) PRIORITY.—In assisting the management 
entity, the Secretary shall give priority to actions 
that assist in the— 
(A) creation of the management plan; 
(B) provision of educational assistance and 
advice regarding promotion of the Heritage 
Area; and 
(C) design and fabrication of a wide range 
of interpretive materials based on the manage-
ment plan, such as guide brochures, visitor dis-
plays, audio-visual, books, interpretive dia-
logues, interactive exhibits, and educational cur-
riculum materials for public education. 
(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT 
PLANS.—The Secretary, in consultation with the Governor 
of Colorado shall approve or disapprove a management 
plan submitted under this Act not later than 180 days 
after receiving such plan. In approving the plan, the Sec-
retary shall take into consideration the following criteria: 
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(1) The extent to which the management plan, 
when implemented, would support and promote the 
significant historical, natural, cultural, and rec-
reational resources of the Heritage Area. 
(2) The level of public participation in the de-
velopment of the management plan. 
(3) The extent to which the Park County Tour-
ism &amp; Community Development Office and the 
South Park National Heritage Area Board of Direc-
tors is representative of the local governments af-
fected and a wide range of interested organizations 
and citizens. 
(c) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves a management plan, the Secretary shall 
advise the management entity in writing of the reason(s) 
for disapproval and shall make recommendations for revi-
sions in the management plan. The Secretary shall ap-
prove or disapprove a proposed revision not later than 90 
days after the date it is submitted. 
(d) APPROVING CHANGES.—Amendments to the ap-
proved management plan for the Heritage Area that make 
substantial changes shall not be effective until approved 
by the Secretary under the same time line as the manage-
ment plan was approved. 
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SEC. 7. SUNSET. 
The Secretary may not provide any assistance under 
this Act after the expiration of the 10-year period begin-
ning on the date of the enactment of this Act. 
SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE 
PROPERTY. 
(a) NOTIFICATION
AND CONSENT
OF PROPERTY 
OWNERS REQUIRED.—No privately owned property shall 
be preserved or promoted under the management plan for 
the Heritage Area until the owner of that private property 
has— 
(1) been notified in writing by the management 
entity; and 
(2) given written consent to the management 
entity for such preservation or promotion. 
(b) LANDOWNER WITHDRAWAL.—Any owner of pri-
vate property included within the boundary of the Herit-
age Area shall have their property immediately removed 
from the boundary by submitting a written request to the 
management entity. 
(c) CHANGE OF OWNERSHIP.—If private property in-
cluded within the boundary of the Heritage Area has been 
excluded from the Heritage Area or has not been pre-
served or promoted under the management plan for the 
Heritage Area because the owner has not given or has 
withdrawn consent, upon change of ownership of that pri-
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vate property, the management entity may request consent 
from the new owners. 
SEC. 9. PRIVATE PROPERTY PROTECTION. 
(a) ACCESS
TO PRIVATE PROPERTY.—Nothing in 
this Act shall be construed to— 
(1) require any private property owner to allow 
public access (including Federal, State, or local gov-
ernment access) to such private property; or 
(2) modify any provision of Federal, State, or 
local law with regard to public access to or use of 
private property. 
(a) LIABILITY.—Designation of the Heritage Area 
shall not be considered to create any liability, or to have 
any effect on any liability under any other law, of any pri-
vate property owner with respect to any persons injured 
on such private property. 
(b) RECOGNITION
OF
AUTHORITY
TO
CONTROL 
LAND USE.—Nothing in this Act shall be construed to 
modify the authority of Federal, State, or local govern-
ments to regulate land use. 
(c) COMPENSATION FOR LOST USE.—If a local gov-
ernmental entity within the boundaries of the Heritage 
Area promulgates new land use regulations following the 
date of the enactment of this Act that restrict the use of 
private property, or any interest therein, thereby reducing 
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the value of the property, then management entity shall 
pay the owner of the property just compensation in an 
amount no less than the fair market value of the lost use 
as of the date that the owner makes written request for 
compensation. The management entity shall compensate 
the property owner not later than 180 day after receiving 
the property owner’s written request for compensation. 
(d) FUNDAMENTAL RULE
FOR COMPUTATION
OF 
COMPENSATION.—Compensation due to the owner of a re-
stricted property is the monetary sum which makes the 
owner whole as a practical matter, by placing the owner 
in a financial position after the land use regulations are 
implemented which is equivalent to the owner″s financial 
position before the taking. The computation of compensa-
tion shall be construed liberally for the benefit of the 
owner in order to effectuate its remedial purpose. 
(e) SUBSIDIARY RULES
FOR COMPUTATION.—The 
following rules for computation are to inform application 
of the fundamental rule of subsection (d), and shall be 
construed consistent with its remedial purpose: 
(1) FAIR MARKET VALUE.—Subject to excep-
tions stated herein or necessary to the fundamental 
rule of subsection (d), just compensation includes 
the fair market value of the property the day of en-
actment of the land use regulations or the first day 
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of a governmental hearing on the issue of compensa-
tion, whichever is earlier. 
(2) CHANGES IN VALUE CAUSED BY THE HER-
ITAGE
AREA.—Compensation shall be computed 
without regard to any decreases in value resulting 
from public awareness of the Heritage Area, man-
agement plan, or land use regulations, regardless of 
whether the management plan has been finalized, 
authorized, or funded. In order to have such de-
creases disregarded in the computation of just com-
pensation, the owner need not prove any specific in-
tent to devalue by Federal or State actors or the 
management entity, but only that the management 
plan affected the real estate market or land use reg-
ulatory decisions affecting the property. 
(3) BUSINESS LOSSES.—If land use regulations 
damages a business within the Heritage Area, the 
business owner shall be entitled to recover actual 
and projected lost profits resulting from the land use 
regulations and any moving costs that may occur. 
(4) FARM
INCOME.—Compensation shall also 
include the present value of any actual and projected 
loss of farm income resulting from land use regula-
tions. 
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(5) ATTORNEYS
FEES
AND
OTHER
COSTS.— 
Compensation includes the owner’s attorneys fees 
and all costs, including those for independent ap-
praisals and other reports incurred by the property 
owner 
which 
were 
reasonably 
necessary 
to 
ascertaining and vindicating the property owner’s 
rights. 
(f) FAILURE TO COMPLY.—Any local governmental 
entity that fails to comply with subsection (d) shall not 
be eligible to participate in the Heritage Area and shall 
be barred from receiving any Federal funds for a period 
of 3 years. 
(g) PARTICIPATION OF PRIVATE PROPERTY OWNERS 
IN HERITAGE AREA.—Nothing in this Act shall be con-
strued to require the owner of any private property located 
within the boundaries of the Heritage Area to participate 
in or be associated with the Heritage Area. 
(h) EFFECT OF ESTABLISHMENT.—The boundaries 
designated for the Heritage Area represent the area within 
which specific, eligible localities have been included in the 
area. The establishment of the Heritage Area and its 
boundaries shall not be construed to provide any non-ex-
isting regulatory authority on land use within the Heritage 
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Area or its viewshed by the Secretary, the National Park 
Service, or the management entity. 
Æ 
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