I 
109TH CONGRESS 
2D SESSION 
H. R. 4818 
To establish the South Park National Heritage Area in the State of Colorado, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2006 
Mr. HEFLEY introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To establish the South Park National Heritage Area in the 
State of Colorado, 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 ‘‘South Park National 
Heritage Area Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) the rich natural resources, the variety of 
recreational opportunities, the cultural legacy, and 
the unparalleled history of South Park, Colorado, 
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are of national importance and are deserving of rec-
ognition, conservation, interpretation, and con-
tinuing use; 
(2) the people of South Park respect, protect 
and defend the rights and desires of private property 
owners, and support the power and right of individ-
uals to shape their own destiny; 
(3) the South Park National Heritage Area 
builds upon existing local initiatives to spur eco-
nomic development while conserving, preserving and 
interpreting the resources on which the local econ-
omy depends; 
(4) in 1997 the Governor of Colorado des-
ignated South Park as Colorado’s second State Her-
itage Area; 
(5) in 2006 the President of the United States 
recognized and designated South Park as a Preserve 
America Community that protects and celebrates its 
heritage, uses its historic assets for economic devel-
opment and community revitalization, and encour-
ages people to experience and appreciate local his-
toric resources through education and heritage tour-
ism programs; 
(6) the Federal, State, and local governments, 
organizations, and residents of South Park broadly 
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support the establishment of a national heritage 
area to coordinate and assist in the conservation, in-
terpretation, and continuing use of the heritage re-
sources of South Park; 
(7) the agrarian landscape, culture, and histor-
ical resources of South Park assist citizens in experi-
encing how native peoples, early explorers, trappers, 
miners, ranchers, and settlers lived on the frontier 
of the United States; 
(8) the ideals of self governance and individ-
ualism of the United States gave rise to laws that— 
(A) were developed within the remote land-
scape of South Park; 
(B) were among the first legislative initia-
tives of the western settlers; and 
(C) reinforced the democratic traditions of 
the United States; 
(9) the average elevation of South Park exceeds 
9,000 feet and ranks among the highest basins in 
North America; 
(10) native peoples have inhabited the land-
scape of South Park for over 10,000 years; 
(11) Porcupine Cave and its wealth of animal 
fossils, including a now-extinct North American 
cheetah, is one of the most important paleontological 
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sites for the study of Ice Age vertebrates in the 
world, and contains the richest and most diverse 
vertebrate fauna known from the middle Pleistocene 
on the North American continent; 
(12) in addition to high summits, pristine 
streams, and open prairies, the unmatched landscape 
of the Heritage Area also contains— 
(A) portions of the Lost Creek Wilderness 
and Buffalo Peaks Wilderness Areas, featuring 
disappearing streams, ancient pine trees, glob-
ally rare plants, and State-endangered boreal 
toads; 
(B) the Lost Creek National Natural 
Landmark, characterized by stunning rock 
spires and pinnacles, narrow ridges, steep nar-
row gorges, and a stream that disappears and 
reappears at the surface at least nine times; 
(C) National Forest System lands that are 
home to the federally-threatened Penland alpine 
fen mustard, Canada lynx and greenback cut-
throat trout; 
(D) 12 State wildlife areas that protect 
large herds of elk, deer, pronghorn antelope; 
and many other species; 
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(E) 45 miles of ‘‘Gold Medal’’ trout water 
that provide world-class trout fishing opportuni-
ties; 
(F) nationally rare and unusual high-alti-
tude wetlands known as extreme rich fens; and 
(G) 4 majestic mountain peaks that stand 
higher than 14,000 feet above sea level; 
(13) the South Park National Heritage Area of-
fers outstanding recreational opportunities for hik-
ing, fishing, camping, climbing, sightseeing, hunting, 
wildlife viewing, and off-highway vehicle use; and 
(14) the South Park National Heritage Area 
contains buildings, structures, sites, and stories that 
preserve and interpret the frontier heritage of the 
United States, including— 
(A) the Salt Works Ranch, Colorado Salt 
Works, EM Ranch, Buckley Ranch, Wahl 
Ranch, Jefferson Depot, Como Depot, Como 
Roundhouse, Como Hotel, Como School, Boreas 
Pass Railroad Station, Summer Saloon, South 
Park Brewery, Park County Courthouse, South 
Park Community Church, and Tarryall School, 
each of which is listed in the National Register 
of Historic Places; 
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(B) the Colorado Midland Railroad, the 
Denver, South Park & Pacific Railroad, and 
their associated stations, depots, and passes; 
(C) the Paris Mill and Snowstorm Dredge, 
which are among the last intact structures of 
their type in the United States, and are in-
cluded on Colorado’s ‘‘most endangered places’’ 
list; 
(D) the Present Help Mine which, being 
located at an elevation of 14,157 feet, qualifies 
as the highest gold mine ever to operate in the 
United States; and 
(E) the highest incorporated town (Alma), 
vehicular mountain pass (Mosquito), and cattle 
ranches in the United States. 
(b) PURPOSES.—The purposes of this Act are to— 
(1) establish the Heritage Area in the State of 
Colorado; 
(2) carry out the national heritage area alter-
native as described in the document entitled ‘‘South 
Park National Heritage Area Feasibility Study, 
2006’’; 
(3) provide a management framework to foster 
an effective working relationship with all levels of 
government, not for profit organizations, the private 
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sector, and the local communities in South Park 
to— 
(A) preserve the outstanding heritage of 
the region; 
(B) develop new heritage tourism pro-
grams, attractions and opportunities; and 
(C) continue to pursue the development of 
compatible economic opportunities and heritage 
products; 
(4) assist communities, organizations, and citi-
zens in the State of Colorado in identifying, pre-
serving, interpreting, developing, and promoting the 
historical, cultural, scenic, recreational, agricultural, 
and natural resources of the region for the edu-
cational, inspirational, and economic benefit of cur-
rent and future generations. 
SEC. 3. PRIVATE PROPERTY RIGHTS PROTECTION. 
(a) ACCESS
TO PRIVATE PROPERTY.—Nothing in 
this Act— 
(1) requires any private property owner to allow 
public access (including Federal, State, or local gov-
ernment access) to private property; or 
(2) modifies any provision of Federal, State, or 
local law with regard to public access to or use of 
private property. 
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(b) LIABILITY.—Designation of the Heritage Area 
shall not impose any liability on, or have any effect on 
any liability under any other law on, any private property 
owner with respect to any person injured on the private 
property. 
(c) RECOGNITION OF AUTHORITY TO CONTROL LAND 
USE.—Nothing in this Act modifies, enlarges, or dimin-
ishes the authority of the Federal Government or State 
or local governments to regulate land use. 
(d) VOLUNTARY PARTICIPATION OF PRIVATE PROP-
ERTY OWNERS IN HERITAGE AREA.—Nothing in this Act 
requires the owner of any private property located within 
the boundaries of the Heritage Area to participate in or 
be associated with the Heritage Area; participation by in-
dividual landowners is strictly on a voluntary basis only. 
(e) EFFECT OF ESTABLISHMENT.— 
(1) IN GENERAL.—The boundaries designated 
for the Heritage Area shall constitute the area with-
in which Federal funds made available to carry out 
this Act may be expended. 
(2) REGULATORY AUTHORITY.—The establish-
ment of the Heritage Area and the boundaries of the 
Heritage Area shall not provide any regulatory au-
thority that would not otherwise apply to govern 
land use within the Heritage Area or the viewshed 
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of the Heritage Area by the Secretary, the National 
Park Service, the management entity, or any other 
governmental entity. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) BOARD.—The term ‘‘Board’’ means the 
Board of Directors of the South Park National Her-
itage Area, comprised initially of the individuals, 
agencies, organizations, and governments that were 
involved in the planning and development of the 
Heritage Area before the date of enactment of this 
Act. 
(2) HERITAGE
AREA.—The term ‘‘Heritage 
Area’’ means the South Park National Heritage 
Area established by section 4(a). 
(3) MANAGEMENT ENTITY.—The term ‘‘man-
agement entity’’ means the management entity for 
the Heritage Area designated by section 5(d)(1). 
(4) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the 
Heritage Area required by section 7. 
(5) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘South Park National Heritage Area Map 
(Proposed), dated January 30, 2006’’. 
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(6) PARTNER.—The term ‘‘partner’’ means a 
Federal, State, or local governmental entity, organi-
zation, private industry, educational institution, or 
individual involved in the conservation, preservation, 
interpretation, development or promotion of heritage 
sites or resources of the Heritage Area. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(8) STATE.—The term ‘‘State’’ means the State 
of Colorado. 
(9) TECHNICAL ASSISTANCE.—The term ‘‘tech-
nical assistance’’ means any guidance, advice, help, 
or aid, other than financial assistance, provided by 
the Secretary. 
SEC. 5. SOUTH PARK NATIONAL HERITAGE AREA. 
(a) ESTABLISHMENT.—There is established in the 
State the South Park National Heritage Area. 
(b) BOUNDARIES.—The Heritage Area shall consist 
of the areas included in the map. 
(c) MAP.—A map of the Heritage Area shall be— 
(1) included in the management plan; and 
(2) on file and available for public inspection in 
the appropriate offices of the National Park Service. 
(d) MANAGEMENT ENTITY.— 
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(1) IN GENERAL.—The management entity for 
the Heritage Area shall be the Park County Tourism 
& Community Development Office, in conjunction 
with the South Park National Heritage Area Board 
of Directors. 
(2) MEMBERSHIP
REQUIREMENTS.—Members 
of the Board shall include representatives from a 
broad cross-section of individuals, agencies, organi-
zations, and governments that were involved in the 
planning and development of the Heritage Area be-
fore the date of enactment of this Act. 
SEC. 6. ADMINISTRATION. 
(a) PROHIBITION ON THE ACQUISITION OF REAL 
PROPERTY.—The management entity shall not use Fed-
eral funds made available under this Act to acquire real 
property or any interest in real property. 
(b) AUTHORITIES.—For purposes of carrying out the 
management plan, the Secretary, acting through the man-
agement entity, may use amounts made available under 
this Act to— 
(1) make grants to the State or a political sub-
division of the State, nonprofit organizations, and 
other persons; 
(2) enter into cooperative agreements with, or 
provide technical assistance to, the State or a polit-
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ical subdivision of the State, nonprofit organizations, 
and other interested parties; 
(3) hire and compensate staff, which shall in-
clude individuals with expertise in natural, cultural, 
and historical resources protection, fundraising, her-
itage facility planning and development, and heritage 
tourism programming; 
(4) obtain funds or services from any source, 
including funds or services that are provided under 
any other Federal law or program; 
(5) enter into contracts for goods or services; 
and 
(6) to facilitate the conduct of other projects 
and activities that further the Heritage Area and are 
consistent with the approved management plan. 
(c) DUTIES.—The management entity shall— 
(1) in accordance with section 6, prepare and 
submit a management plan for the Heritage Area to 
the Secretary; 
(2) assist units of local government, local prop-
erty owners and businesses, and nonprofit organiza-
tions in carrying out the approved management plan 
by— 
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(A) carrying out programs and projects 
that recognize, protect, enhance, and promote 
important resource values in the Heritage Area; 
(B) establishing and maintaining interpre-
tive exhibits and programs in the Heritage 
Area; 
(C) developing economic, recreational and 
educational opportunities in the Heritage Area; 
(D) increasing public awareness of, and 
appreciation for, historical, cultural, scenic, rec-
reational, agricultural, and natural resources of 
the Heritage Area; 
(E) protecting and restoring historic sites 
and buildings in the Heritage Area that are 
consistent with Heritage Area themes; 
(F) ensuring that clear, consistent, and ap-
propriate signs identifying points of public ac-
cess, and sites of interest are posted throughout 
the Heritage Area; 
(G) promoting a wide range of partner-
ships among governments, organizations, and 
individuals to further the Heritage Area; and 
(H) planning and developing new heritage 
attractions, products and services. 
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(3) consider the interests of diverse units of 
government, businesses, organizations, and individ-
uals in the Heritage Area in the preparation and im-
plementation of the management plan; 
(4) conduct meetings open to the public at least 
semiannually regarding the development and imple-
mentation of the management plan; 
(5) for any year for which Federal funds have 
been received under this Act— 
(A) submit to the Secretary an annual re-
port that describes the activities, expenses, and 
income of the management entity (including 
grants to any other entities during the year 
that the report is made); 
(B) make available to the Secretary for 
audit all records relating to the expenditure of 
the Federal funds and any matching funds; and 
(C) require, with respect to all agreements 
authorizing expenditure of Federal funds by 
other organizations, that the organizations re-
ceiving the funds make available to the Sec-
retary for audit all records concerning the ex-
penditure of the funds; 
(6) encourage by appropriate means economic 
viability that is consistent with the Heritage Area. 
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(d) COST-SHARING REQUIREMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of the cost of any activ-
ity carried out using any assistance made available 
under this Act shall be 50 percent. 
(2) EXCEPTION.—Before the date on which the 
management entity completes the management plan, 
the Federal share of the cost of any activity de-
scribed in paragraph (1) may be 100 percent. 
SEC. 7. MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the management entity, 
with public participation, shall submit to the Secretary for 
approval a proposed management plan for the Heritage 
Area. 
(b) REQUIREMENTS.—The management plan shall— 
(1) incorporate an integrated and cooperative 
approach for the protection, enhancement, interpre-
tation, development, and promotion of the historical, 
cultural, scenic, recreational, agricultural, and nat-
ural resources of the Heritage Area; 
(2) take into consideration State and local 
plans; 
(3) include— 
(A) an inventory of— 
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(i) the resources located in the core 
area described in section 5(b); and 
(ii) any other eligible and partici-
pating property in the core area that— 
(I) is related to the themes of the 
Heritage Area; and 
(II) should be preserved, re-
stored, managed, maintained, devel-
oped, or promoted because of the sig-
nificance of the property; 
(B) comprehensive policies, strategies, and 
recommendations for conservation, funding, 
management, development, and promotion of 
the Heritage Area; 
(C) a description of actions that govern-
ments, private organizations, and individuals 
have agreed to take to manage and protect the 
historical, cultural, scenic, recreational, agricul-
tural, and natural resources of the Heritage 
Area; 
(D) a program of implementation for the 
management plan by the management entity 
that includes a description of— 
(i) actions to facilitate ongoing and ef-
fective collaboration among partners to 
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promote plans for resource protection, en-
hancement, interpretation, restoration, and 
construction; and 
(ii) specific commitments for imple-
mentation that have been made by the 
management entity or any government, or-
ganization, or individual for the first 5 
years of operation; 
(E) the identification of sources of funding 
for carrying out the management plan; 
(F) an analysis of and recommendations 
for means by which Federal, State, and local 
programs, including the role of the National 
Park Service in the Heritage Area, may best be 
coordinated to carry out this Act; and 
(G) an interpretive plan for the Heritage 
Area; 
(4) recommend policies and strategies for re-
source management that consider and detail the ap-
plication of appropriate land and water management 
techniques, including the development of intergov-
ernmental and interagency cooperative agreements 
to protect the historical, cultural, scenic, rec-
reational, agricultural, and natural resources of the 
Heritage Area. 
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(c) DEADLINE.—If a proposed management plan is 
not submitted to the Secretary by the date that is 3 years 
after the date of enactment of this Act, the management 
entity shall be ineligible to receive additional funding 
under this Act until the date on which the Secretary re-
ceives and approves the management plan. 
(d) APPROVAL OR DISAPPROVAL OF MANAGEMENT 
PLAN.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of receipt of the management plan under 
subsection (a), the Secretary, in consultation with 
the State, shall approve or disapprove the manage-
ment plan. 
(2) CRITERIA FOR APPROVAL.—In determining 
whether to approve the management plan, the Sec-
retary shall consider whether— 
(A) the management entity is representa-
tive of the diverse interests of the Heritage 
Area, including governments, natural and his-
torical resource protection organizations, edu-
cational institutions, local businesses and indus-
tries, community organizations, recreational or-
ganizations, and tourism organizations; 
(B) the management entity has afforded 
adequate opportunity, including public hearings, 
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for public and governmental involvement in the 
preparation of the management plan; and 
(C) strategies contained in the manage-
ment plan, if implemented, would adequately 
balance the voluntary protection, development, 
and interpretation of the natural, historical, 
cultural, scenic, recreational, and agricultural 
resources of the Heritage Area. 
(3) ACTION FOLLOWING DISAPPROVAL.—If the 
Secretary disapproves the management plan under 
paragraph (1), the Secretary shall— 
(A) advise the management entity in writ-
ing of the reasons for the disapproval; 
(B) make recommendations for revisions to 
the management plan; and 
(C) not later than 60 days after the receipt 
of any proposed revision of the management 
plan from the management entity, approve or 
disapprove the proposed revision. 
(4) AMENDMENTS.— 
(A) IN GENERAL.—The Secretary shall ap-
prove or disapprove each amendment to the 
management plan that the Secretary determines 
makes a substantial change to the management 
plan. 
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(B) USE
OF
FUNDS.—The management 
entity shall not use Federal funds authorized by 
this Act to carry out any amendments to the 
management plan until the Secretary has ap-
proved the amendments. 
SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. 
Any Federal agency conducting or supporting an ac-
tivity that directly affects the Heritage Area as designated 
by the Secretary shall— 
(1) consult with the Secretary and the manage-
ment entity regarding the activity; 
(2) cooperate with the Secretary and the man-
agement entity in carrying out the duties of the 
Federal agency under this Act; 
(3) to the maximum extent practicable, coordi-
nate the activity with carrying out those duties; and 
(4) to the maximum extent practicable, conduct 
the activity in a manner that the management entity 
determines will not have an adverse effect on the 
Heritage Area. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this Act $6,110,000, of which not more than $1,000,000 
may be made available for any fiscal year. 
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SEC. 10. TERMINATION OF AUTHORITY. 
The authority of the Secretary to provide assistance 
under this Act terminates on the date that is 15 years 
after the date on which funds are first made available to 
carry out this Act. 
Æ 
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