South Park National Heritage Area Act - Establishes the South Park National Heritage Area in South Park, Colorado.
Designates the Park County Tourism & Community Development Office, in conjunction with the South Park National Heritage Area Board of Directors, as the management entity for the Area.
Prohibits the Park County Tourism & Community Development Office from using federal funds made available under this Act to acquire real property or any interest in real property.
Requires the Park County Tourism & Community Development Office to submit a management plan for the Area.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4818 Introduced in House (IH)]
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 Representatives 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, are of national importance and
are deserving of recognition, conservation, interpretation, and
continuing 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 individuals to shape their own destiny;
(3) the South Park National Heritage Area builds upon
existing local initiatives to spur economic development while
conserving, preserving and interpreting the resources on which
the local economy depends;
(4) in 1997 the Governor of Colorado designated South Park
as Colorado's second State Heritage 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 development and community revitalization, and
encourages people to experience and appreciate local historic
resources through education and heritage tourism programs;
(6) the Federal, State, and local governments,
organizations, and residents of South Park broadly support the
establishment of a national heritage area to coordinate and
assist in the conservation, interpretation, and continuing use
of the heritage resources of South Park;
(7) the agrarian landscape, culture, and historical
resources of South Park assist citizens in experiencing 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 individualism of the
United States gave rise to laws that--
(A) were developed within the remote landscape of
South Park;
(B) were among the first legislative initiatives 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 landscape 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 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, globally rare plants, and
State-endangered boreal toads;
(B) the Lost Creek National Natural Landmark,
characterized by stunning rock spires and pinnacles,
narrow ridges, steep narrow 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 cutthroat trout;
(D) 12 State wildlife areas that protect large
herds of elk, deer, pronghorn antelope; and many other
species;
(E) 45 miles of ``Gold Medal'' trout water that
provide world-class trout fishing opportunities;
(F) nationally rare and unusual high-altitude
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 offers
outstanding recreational opportunities for hiking, 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;
(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 included 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 alternative 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 sector, and the local
communities in South Park to--
(A) preserve the outstanding heritage of the
region;
(B) develop new heritage tourism programs,
attractions and opportunities; and
(C) continue to pursue the development of
compatible economic opportunities and heritage
products;
(4) assist communities, organizations, and citizens in the
State of Colorado in identifying, preserving, interpreting,
developing, and promoting the historical, cultural, scenic,
recreational, agricultural, and natural resources of the region
for the educational, inspirational, and economic benefit of
current 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 government 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.
(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 diminishes the authority of the Federal
Government or State or local governments to regulate land use.
(d) Voluntary Participation of Private Property 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 individual
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 within which Federal funds made
available to carry out this Act may be expended.
(2) Regulatory authority.--The establishment of the
Heritage Area and the boundaries of the Heritage Area shall not
provide any regulatory authority 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,
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 Heritage 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 ``management entity''
means the management entity for the Heritage Area designated by
section 5(d)(1).
(4) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required by section
7.
(5) Map.--The term ``map'' means the map entitled ``South
Park National Heritage Area Map (Proposed), dated January 30,
2006''.
(6) Partner.--The term ``partner'' means a Federal, State,
or local governmental entity, organization, 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 ``technical
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.--
(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, organizations, and governments that were
involved in the planning and development of the Heritage Area
before the date of enactment of this Act.
SEC. 6. ADMINISTRATION.
(a) Prohibition on the Acquisition of Real Property.--The
management entity shall not use Federal 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 management entity, may use amounts
made available under this Act to--
(1) make grants to the State or a political subdivision of
the State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection, fundraising, heritage 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 property owners
and businesses, and nonprofit organizations in carrying out the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect, enhance, and promote important
resource values in the Heritage Area;
(B) establishing and maintaining interpretive
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,
recreational, 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
appropriate signs identifying points of public access,
and sites of interest are posted throughout the
Heritage Area;
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the Heritage Area; and
(H) planning and developing new heritage
attractions, products and services.
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(4) conduct meetings open to the public at least
semiannually regarding the development and implementation 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 report 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 receiving the
funds make available to the Secretary for audit all
records concerning the expenditure of the funds;
(6) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(d) Cost-Sharing Requirement.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity 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 described 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, interpretation, development, and
promotion of the historical, cultural, scenic, recreational,
agricultural, and natural resources of the Heritage Area;
(2) take into consideration State and local plans;
(3) include--
(A) an inventory of--
(i) the resources located in the core area
described in section 5(b); and
(ii) any other eligible and participating
property in the core area that--
(I) is related to the themes of the
Heritage Area; and
(II) should be preserved, restored,
managed, maintained, developed, or
promoted because of the significance 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 governments,
private organizations, and individuals have agreed to
take to manage and protect the historical, cultural,
scenic, recreational, agricultural, 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
effective collaboration among partners to
promote plans for resource protection,
enhancement, interpretation, restoration, and
construction; and
(ii) specific commitments for
implementation that have been made by the
management entity or any government,
organization, 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 resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the historical, cultural, scenic,
recreational, agricultural, and natural resources of the
Heritage Area.
(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
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 management plan.
(2) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(A) the management entity is representative of the
diverse interests of the Heritage Area, including
governments, natural and historical resource protection
organizations, educational institutions, local
businesses and industries, community organizations,
recreational organizations, and tourism organizations;
(B) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan; and
(C) strategies contained in the management 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 writing 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 approve or
disapprove each amendment to the management plan that
the Secretary determines makes a substantial change to
the management plan.
(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 approved the amendments.
SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting an activity that
directly affects the Heritage Area as designated by the Secretary
shall--
(1) consult with the Secretary and the management entity
regarding the activity;
(2) cooperate with the Secretary and the management entity
in carrying out the duties of the Federal agency under this
Act;
(3) to the maximum extent practicable, coordinate 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.
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on National Parks.
Executive Comment Requested from Interior.
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