Northern Rio Grande National Heritage Area Act

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 732 Introduced in House (IH)]

109th CONGRESS
1st Session
H. R. 732

To establish the Northern Rio Grande National Heritage Area in the
State of New Mexico, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 9, 2005

Mr. Udall of New Mexico introduced the following bill; which was
referred to the Committee on Resources

_______________________________________________________________________

A BILL

To establish the Northern Rio Grande National Heritage Area in the
State of New Mexico, 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 ``Northern Rio Grande National
Heritage Area Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

The Congress finds that--
(1) northern New Mexico encompasses a mosaic of cultures
and history, including eight Pueblos and the descendants of
Spanish ancestors who settled in the area in 1598;
(2) the combination of cultures, languages, folk arts,
customs, and architecture make northern New Mexico unique;
(3) the area includes spectacular natural, scenic, and
recreational resources;
(4) there is broad support from local governments and
interested individuals to establish a National Heritage Area to
coordinate and assist in the preservation and interpretation of
these resources;
(5) in 1991, the National Park Service study Alternative
Concepts for Commemorating Spanish Colonization identified
several alternatives consistent with the establishment of a
National Heritage Area, including conducting a comprehensive
archaeological and historical research program, coordinating a
comprehensive interpretation program, and interpreting a
cultural heritage scene; and
(6) establishment of a National Heritage Area in northern
New Mexico would assist local communities and residents in
preserving these unique cultural, historical and natural
resources.

SEC. 3. DEFINITIONS.

As used in this Act--
(1) the term ``heritage area'' means the Northern Rio
Grande Heritage Area; and
(2) the term ``Secretary'' means the Secretary of the
Interior.

SEC. 4. 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 Heritage Area, Inc., a
non-profit corporation chartered in the State of New Mexico,
shall serve as the management 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 representing State,
local and tribal governments and interested communities shall
be established to ensure that all parties have appropriate
representation on the Board.

SEC. 5. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.

(a) Management Plan.--
(1) Not later than 3 years after the date of enactment of
this Act, the management entity shall develop 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 development and implementation of the
management plan.
(3) The management plan shall, at a minimum--
(A) provide recommendations for the conservation,
funding, management, and development of the resources
of the heritage area;
(B) identify sources of funding;
(C) include an inventory of the cultural,
historical, archaeological, natural, and recreational
resources of the heritage area;
(D) provide recommendations for educational and
interpretive programs to inform the public about the
resources of the heritage area; and
(E) include an analysis of ways in which local,
State, Federal, and tribal programs may best be
coordinated to promote the purposes of this Act.
(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 Act until such time as a plan is submitted
to the Secretary.
(5) The Secretary shall approve or disapprove the
management plan within 90 days after the date of submission. If
the Secretary disapproves the management plan, the Secretary
shall advise the management 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 Secretary any recommendations
for proposed revisions to the management plan. Any major
revisions to the management plan must be approved by the
Secretary.
(b) Authority.--The management entity may make grants and provide
technical assistance to tribal and local 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) coordinate with tribal and local governments to better
enable them to adopt land use policies consistent with the
goals of the management plan;
(3) encourage by appropriate means economic viability in
the heritage area consistent with the goals of the management
plan; and
(4) assist local and tribal governments and non-profit
organizations in--
(A) establishing and maintaining interpretive
exhibits in the heritage area;
(B) developing recreational resources in the
heritage area;
(C) increasing public awareness of, and
appreciation for, the cultural, historical,
archaeological 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 Act, consistent with the management plan.
(d) Prohibition on Acquiring Real Property.--The management entity
may not use Federal funds received under this Act to acquire real
property or an interest 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 entity receives
Federal funds under this Act, the management 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 available 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
organization make available to the Secretary for audit all
records concerning the expenditure of those funds.

SEC. 6. 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 subsection (a), the
Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural,
historical, archaeological, scenic, and recreational resources
of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities consistent with the resources and
associated values of the heritage area.

SEC. 7. SAVINGS PROVISIONS.

(a) No Effect on Private Property.--Nothing in this Act shall be
construed--
(1) to modify, enlarge, or diminish any authority of
Federal, State, or local governments to regulate any use of
privately owned lands; or
(2) to grant the management entity any authority to
regulate the use of privately owned lands.
(b) Tribal Lands.--Nothing in this Act shall restrict or limit a
tribe from protecting cultural or religious sites on tribal lands.
(c) Authority of Governments.--Nothing in this Act shall--
(1) modify, enlarge, or diminish any authority of Federal,
State, tribal, or local governments to manage or regulate any
use of land as provided for by law or regulation; or
(2) authorize the management entity to assume any
management authorities over such lands.
(d) Trust Responsibilities.--Nothing in this Act shall diminish the
Federal Government's trust responsibilities or government-to-government
obligations to any federally recognized Indian tribe.

SEC. 8. SUNSET.

The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be
authorized to be appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent.
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