I 
111TH CONGRESS 
1ST SESSION 
H. R. 171 
To establish the Sangre de Cristo National Heritage Area in the State 
of Colorado, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2009 
Mr. SALAZAR (for himself and Ms. MARKEY of Colorado) introduced the 
following bill; which was referred to the Committee on Natural Resources 
A BILL 
To establish the Sangre de Cristo 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 ‘‘Sangre de Cristo Na-
tional Heritage Area Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) the exceptional culture, the rich natural re-
sources, the variety of recreational opportunities, 
and the unparalleled history of the San Luis Valley 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
are of national significance and are deserving of rec-
ognition, conservation, interpretation, and con-
tinuing use; 
(2) the people of the San Luis Valley have, for 
centuries, found ways to cultivate and preserve their 
cultural and natural heritage; 
(3) the efforts of the peoples of Conejos, 
Costilla, and Alamosa Counties to form the Sangre 
de Cristo National Heritage Area reinforce this tra-
dition of stewardship; 
(4) the Sangre de Cristo National Heritage 
Area contains historic structures and land that were 
central to the development of the West, including 
Mexican land grants, the narrow gauge railroad now 
known as the ‘‘Cumbres and Toltec Scenic Rail-
road’’, and Fort Garland; 
(5) the Sangre de Cristo National Heritage 
Area is a nationally significant cradle of Hispano 
culture; 
(6) the language, art, architecture, religion, tra-
dition, and folklore of Native Americans, early Span-
ish colonists, and Mexican settlers of the Southwest 
are alive and thriving in the area, as exemplified in 
that— 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(A) 17th century Spanish is still spoken by 
about 35 percent of the population of the 
Sangre de Cristo region; 
(B) the towns of San Luis and Antonito, 
which are among the oldest settlements in Colo-
rado— 
(i) still contain moradas, placitas, his-
toric churches, murals, the first mercantile 
of the region, the first water right, and La 
Vega; and 
(ii) regularly host festivals and reli-
gious celebrations, including the centuries 
old 
procession 
of 
Los 
Hermanos 
Penitentes; and 
(C) the Sangre de Cristo National Herit-
age Area, inhabited for over 11,000 years by 
native peoples, including the Ute, Navajo, 
Apache, Tiwa, Tewa, Comanche, Kiowa, and 
Arapaho, remains central to native cultures and 
is home to— 
(i) Mount Blanca, or Sisnaajini, a sa-
cred mountain for the Navajo and other 
peoples that marks the eastern boundary 
of their world; and 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(ii) petroglyphs and pictographs along 
the Rio Grande, telling the stories and 
cosmologies of early inhabitants; and 
(7) the Sangre de Cristo National Heritage 
Area, flanked by the San Juan and the Sangre de 
Cristo Mountains, lies in one of the largest alpine 
valleys in North America and is home to an unparal-
leled combination of natural resources that are pro-
tected by the good stewardship of private landowners 
and by State and Federal landholdings, including— 
(A) the Great Sand Dunes National Park 
and Preserve; 
(B) the Great Sand Dunes Wilderness 
Area; 
(C) the Baca National Wildlife Refuge, the 
Monte Vista National Wildlife Refuge, and the 
Alamosa National Wildlife Refuge; 
(D) the Rio Grande National Forest; 
(E) the Sangre de Cristo Wilderness and 
the San Juan Wilderness; 
(F) the Blanca Wetlands Complex, the 
Blanca Special Recreation Management Area, 
and the Rio Grande Special Recreation Area; 
(G) the San Luis Lakes State Park; and 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(H) 15 State Wildlife Areas, consisting 
of— 
(i) the Higel State Wildlife Area; 
(ii) the Playa Blanca State Wildlife 
Area; 
(iii) the San Luis Lakes State Wildlife 
Area; 
(iv) the Conejos County Ponds State 
Wildlife Area; 
(v) the Conejos River State Wildlife 
Area; 
(vi) the Hot Creek State Wildlife 
Area; 
(vii) the La Jara Reservoir State 
Wildlife Area; 
(viii) the La Jara State Wildlife Area; 
(ix) the Poso State Wildlife Area; 
(x) the Sego Springs State Wildlife 
Area; 
(xi) the Terrace Reservoir State Wild-
life Area; 
(xii) the Trujillo Meadows State Wild-
life Area; 
(xiii) the Mountain Home Reservoir 
State Wildlife Area; 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(xiv) the Sanchez Reservoir State 
Wildlife Area; and 
(xv) the Smith Reservoir State Wild-
life Area. 
(b) PURPOSES.—The purpose of this Act is to estab-
lish the Heritage Area— 
(1) to carry out the national heritage area al-
ternative as described in the document entitled 
‘‘Sangre de Cristo National Heritage Area Feasi-
bility Study, 2005’’, dated November, 2005; 
(2) to provide a management framework to fos-
ter a close working relationship with all levels of 
government, the private sector, and the local com-
munities in the San Luis Valley to— 
(A) conserve the heritage of the region; 
and 
(B) continue to pursue compatible eco-
nomic opportunities; and 
(3) to assist communities, organizations, and 
citizens in the State of Colorado in identifying, pre-
serving, interpreting, and developing the historical, 
cultural, scenic, and natural resources of the region 
for the educational and inspirational benefit of cur-
rent and future generations. 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
SEC. 3. DEFINITIONS. 
In this Act: 
(1) HERITAGE
AREA.—The term ‘‘Heritage 
Area’’ means the Sangre de Cristo National Herit-
age Area, established in section 4(a). 
(2) MANAGEMENT ENTITY.—The term ‘‘Man-
agement Entity’’ means the management entity for 
the Heritage Area designated by section 4(d). 
(3) MANAGEMENT PLAN.—The term ‘‘Manage-
ment Plan’’ means the management plan for the 
Heritage Area required section 6. 
(4) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Proposed Sangre De Cristo National Herit-
age Area’’ and dated November 2005. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) STATE.—The term ‘‘State’’ means the State 
of Colorado. 
SEC. 4. SANGRE DE CRISTO NATIONAL HERITAGE AREA. 
(a) ESTABLISHMENT.—There is established in the 
State the Sangre de Cristo National Heritage Area. 
(b) BOUNDARIES.—The Heritage Area shall consist 
of— 
(1) the counties of Alamosa, Conejos, and 
Costilla; and 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(2) the Monte Vista National Wildlife Refuge, 
the Baca National Wildlife Refuge, the Great Sand 
Dunes National Park and Preserve, and other 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.— 
(1) IN GENERAL.—The management entity for 
the Heritage Area shall be the Sangre de Cristo Na-
tional Heritage Area Board of Directors. 
(2) MEMBERSHIP
REQUIREMENTS.—Members 
of the Board shall include representatives from a 
broad cross-section of the individuals, agencies, orga-
nizations, and governments that were involved in the 
planning and development of the Heritage Area be-
fore the date of enactment of this Act. 
SEC. 5. ADMINISTRATION. 
(a) 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— 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(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-
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, and heritage pro-
gramming; 
(4) obtain money or services from any source 
including any that are provided under any other 
Federal law or program; 
(5) contract for goods or services; and 
(6) undertake to be a catalyst for any other ac-
tivity that furthers the Heritage Area and is con-
sistent with the approved management plan. 
(b) 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, regional 
planning organizations, and nonprofit organizations 
in carrying out the approved management plan by— 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(4) conduct meetings open to the public at least 
semiannually regarding the development and imple-
mentation of the management plan; 
(5) for any year that Federal funds have been 
received under this Act— 
(A) submit an annual report to the Sec-
retary that describes the activities, expenses, 
and income of the management entity (includ-
ing 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 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; and 
(6) encourage by appropriate means economic 
viability that is consistent with the Heritage Area. 
(c) 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. 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(d) COST-SHARING REQUIREMENT.— 
(1) IN GENERAL.—Except as provided in sub-
section (b), the Federal share of the cost of any ac-
tivity carried out using any assistance made avail-
able under this Act shall be 50 percent. 
(2) EXCEPTION.—During the period before the 
management entity completes the management plan 
under section 6, the Federal share of the cost of any 
activity described in paragraph 1 may be 100 per-
cent. 
SEC. 6. MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the management entity shall 
submit to the Secretary for approval a proposed manage-
ment plan for the Heritage Area. 
(b) REQUIREMENTS.—The management plan shall— 
(1) incorporate an integrated and cooperative 
approach for the protection, enhancement, and inter-
pretation of the natural, cultural, historic, scenic, 
and recreational resources of the Heritage Area; 
(2) take into consideration State and local 
plans; 
(3) include— 
(A) an inventory of— 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(i) the resources located in the core 
area described in section 4(b); and 
(ii) any other property in the core 
area that— 
(I) is related to the themes of the 
Heritage Area; and 
(II) should be preserved, re-
stored, managed, or maintained be-
cause of the significance of the prop-
erty; 
(B) comprehensive policies, strategies and 
recommendations for conservation, funding, 
management, and development of the Heritage 
Area; 
(C) a description of actions that govern-
ments, private organizations, and individuals 
have agreed to take to protect the natural, his-
torical and cultural 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 col-
laboration among partners to— 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(I) promote plans for resource 
protection, restoration, and construc-
tion; and 
(II) specific commitments for im-
plementation that have been made by 
the management entity or any govern-
ment, organization, or individual for 
the first 5 years of operation; 
(E) the identification of sources of funding 
for carrying out the management plan; 
(F) analysis and recommendations for 
means by which local, State, and Federal pro-
grams, including the role of the National Park 
Service in the Heritage Area, may best be co-
ordinated to carry out this Act; and 
(G) an interpretive plan for the Heritage 
Area; and 
(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 natural, historical, cultural, edu-
cational, scenic, and recreational resources of the 
Heritage Area. 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(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 that the Secretary receives 
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-
toric resource protection organizations, edu-
cational 
institutions, 
businesses, 
and 
rec-
reational organizations; 
(B) the management entity has afforded 
adequate opportunity, including public hearings, 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
for public and governmental involvement in the 
preparation of the management plan; and 
(C) the resource protection and interpreta-
tion strategies contained in the management 
plan, if implemented, would adequately protect 
the natural, historical, and cultural 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 
make a substantial change to the management 
plan. 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(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. 7. DUTIES OF OTHER FEDERAL AGENCIES. 
Any Federal agency conducting or supporting an ac-
tivity that directly affects the Heritage Area 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. 8. PRIVATE PROPERTY 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 the private property; or 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
(2) modifies any provision of Federal, State, or 
local law with regard to public access to or use of 
private property. 
(b) LIABILITY.—Designation of the Heritage Area 
shall not impose any liability on, or to 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 the authority 
of the Federal Government or State or local governments 
to regulate land use. 
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS 
IN HERITAGE AREA.—Nothing in this Act requires the 
owner of any private property located within the bound-
aries of the Heritage Area to participate in or be associ-
ated with the Heritage Area. 
(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-
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
thority that would not otherwise apply to govern 
land use within the Heritage Area or the viewshed 
of the Heritage Area by the Secretary, the National 
Park Service, or the management entity. 
SEC. 9. WATER RIGHTS. 
(a) STATEMENT OF POLICY.—Nothing in this Act is 
meant to modify the Rio Grande Natural Area Act. 
(b) APPLICABILITY.—Nothing in this Act— 
(1) amends, modifies, or is in conflict with the 
Act of May 31, 1939 (53 Stat. 785, chapter 155); 
(2) authorizes the regulation of private land in 
the Heritage Area; 
(3) authorizes the imposition of any mandatory 
streamflow requirements; 
(4) creates an express or implied Federal re-
served water right; 
(5) imposes any Federal water quality standard 
within or upstream of the Heritage Area that is 
more restrictive than would be applicable had the 
Heritage Area not been established; or 
(6) prevents the State of Colorado from acquir-
ing an instream flow through the Heritage Area 
under the terms, conditions, and limitations of State 
law to assist in protecting the natural environment 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS
to the extent and for the purposes authorized by 
State law. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this Act $10,000,000, of which not more than $1,000,000 
may be made available for any fiscal year. 
SEC. 11. 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 that funds are first made available to carry 
out this Act. 
Æ 
VerDate Nov 24 2008 
00:48 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6301
E:\BILLS\H171.IH
H171
wwoods2 on PRODPC68 with BILLS