HR 938 RFS 
(2) the term ‘‘Secretary’’ means the Secretary 
of the Interior. 
SEC. 404. 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. 
(c) MANAGEMENT ENTITY.— 
(1) The Northern Rio Grande National Herit-
age Area, Inc., a non-profit corporation chartered in 
the State of New Mexico, shall serve as the manage-
ment entity for the heritage area. 
(2) The Board of Directors for the management 
entity shall include representatives of the State of 
New Mexico, the counties of Santa Fe, Rio Arriba 
and Taos, tribes and pueblos within the heritage 
area, the cities of Santa Fe, Espanola and Taos, and 
members of the general public. The total number of 
Board members and the number of Directors rep-
resenting State, local and tribal governments and in-
terested communities shall be established to ensure 
that all parties have appropriate representation on 
the Board.
HR 938 RFS 
SEC. 405. AUTHORITY AND DUTIES OF THE MANAGEMENT 
ENTITY. 
(a) MANAGEMENT PLAN.— 
(1) Not later than 3 years after the date of en-
actment of this Act, the management entity shall de-
velop and forward to the Secretary a management 
plan for the heritage area. 
(2) The management entity shall develop and 
implement the management plan in cooperation with 
affected communities, tribal and local governments 
and shall provide for public involvement in the devel-
opment and implementation of the management 
plan. 
(3) The management plan shall, at a min-
imum— 
(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
HR 938 RFS 
(E) include an analysis of ways in which 
local, State, Federal, and tribal programs may 
best be coordinated to promote the purposes of 
this title. 
(4) If the management entity fails to submit 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 title 
until such time as a plan is submitted to the Sec-
retary. 
(5) The Secretary shall approve or disapprove 
the management plan within 90 days after the date 
of submission. If the Secretary disapproves the man-
agement plan, the Secretary shall advise the man-
agement entity in writing of the reasons therefore 
and shall make recommendations for revisions to the 
plan. 
(6) The management entity shall periodically 
review 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
HR 938 RFS 
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) encourage by appropriate means economic 
viability in the heritage area consistent with the 
goals of the management plan; and 
(3) assist local and tribal governments and non- 
profit 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 sits 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 title, consistent with 
the management plan.
HR 938 RFS 
(d) PROHIBITION ON ACQUIRING REAL PROPERTY.— 
The management entity may not use Federal funds re-
ceived under this title to acquire real property or an 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) For any year in which the management en-
tity receives Federal funds under this title, the man-
agement entity shall submit an annual report to the 
Secretary setting forth accomplishments, expenses 
and income, and each entity to which any grant was 
made by the management entity. 
(2) The management entity shall make avail-
able to the Secretary for audit all records relating to 
the expenditure of Federal funds and any matching 
funds. The management entity shall also require, for 
all agreements authorizing expenditure of Federal 
funds by other organizations, that the receiving or-
ganization make available to the Secretary for audit 
all records concerning the expenditure of those 
funds.
HR 938 RFS 
SEC. 406. 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 consistent with the re-
sources and associated values of the heritage area. 
SEC. 407. PRIVATE PROPERTY PROTECTIONS; SAVINGS 
PROVISIONS. 
(a) PRIVATE PROPERTY PROTECTION.— 
(1) NOTIFICATION AND CONSENT OF PROPERTY 
OWNERS REQUIRED.—No privately owned property 
shall be preserved, conserved, or promoted by the 
management plan for the Heritage Area until the 
owner of that private property has been notified in 
writing by the management entity and has given 
written consent for such preservation, conservation 
or promotion to the management entity.
HR 938 RFS 
(2) LANDOWNER WITHDRAWAL.—Any owner of 
private property included within the boundary of the 
heritage area, shall have their property immediately 
removed from within the boundary by submitting a 
written request to the management entity. 
(3) ACCESS TO PRIVATE PROPERTY.—Nothing 
in this title shall be construed to require any private 
property owner to permit public access (including 
Federal, State, or local government access) to such 
private property. Nothing in this title shall be con-
strued to modify any provision of Federal, State, or 
local law with regard to public access to or use of 
private lands. 
(4) 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 private property owner with respect to 
any persons injured on such private property. 
(5) RECOGNITION OF AUTHORITY TO CONTROL 
LAND USE.—Nothing in this title shall be construed 
to modify any authority of Federal, State, or local 
governments to regulate land use. 
(6) PARTICIPATION
OF
PRIVATE
PROPERTY 
OWNERS IN HERITAGE AREA.—Nothing in this title 
shall be construed to require the owner of any pri-
HR 938 RFS 
vate property located within the boundaries of the 
heritage area to participate in or be associated with 
the heritage area. 
(b) EFFECT OF ESTABLISHMENT.—The boundaries 
designated for the heritage area represent the area within 
which Federal funds appropriated for the purpose of this 
title shall be expended. The establishment of the heritage 
area and its boundaries shall not be construed to provide 
any nonexisting regulatory authority on land use within 
the heritage area or its viewshed by the Secretary, the Na-
tional Park Service, or the management entity. 
(c) TRIBAL LANDS.—Nothing in this title shall re-
strict or limit a tribe from protecting cultural or religious 
sites on tribal lands. 
(d) TRUST RESPONSIBILITIES.—Nothing in this title 
shall diminish the Federal Government’s trust responsibil-
ities or government-to-government obligations to any fed-
erally recognized Indian tribe. 
SEC. 408. SUNSET. 
The authority of the Secretary to provide assistance 
under this title terminates on the date that is 15 years 
after the date of enactment of this Act. 
SEC. 409. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title $10,000,000, of which not
HR 938 RFS 
more than $1,000,000 may be authorized to be appro-
priated for any fiscal year. 
(b) COST-SHARING REQUIREMENT.—The Federal 
share of the total cost of any activity assisted under this 
title shall be not more than 50 percent. 
Passed the House of Representatives May 16, 2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.