S. 444 (110th): South Park National Heritage Area Act

110th Congress, 2007–2009. Text as of Sep 17, 2007 (Reported by Senate Committee).

Status & Summary | PDF | Source: GPO

II

Calendar No. 369

110th CONGRESS

1st Session

S. 444

[Report No. 110–171]

IN THE SENATE OF THE UNITED STATES

January 31, 2007

(for himself and Mr. Allard) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

September 17, 2007

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To establish the South Park National Heritage Area in the State of Colorado, and for other purposes.

1.

Short title

This Act may be cited as the South Park National Heritage Area Act .

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;

(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; and

(15)

the globally-rare grassland of the valley floor of South Park, composed primarily of Arizona fescue and slimstem muhly, is the largest documented natural montane grassland community of that type.

(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; and

(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.

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.

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 5(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.

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.

6.

Administration

(a)

Prohibition on the Acquisition of Real Property

(1)

In general

Subject to paragraph (2), the management entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property.

(2)

Acquisition of conservation easements

The management entity may use Federal funds made available under this Act to acquire conservation easements from willing sellers.

(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; and

(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.

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 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; and

(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.

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.

9.

Water rights

Nothing in this Act—

(1)

authorizes the regulation of private land in the Heritage Area;

(2)

authorizes the imposition of any mandatory streamflow requirements;

(3)

creates an express or implied Federal reserved water right;

(4)

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

(5)

prevents the State of Colorado from acquiring an instream flow through the Heritage Area under the terms, conditions, and limitations of State law to assist in protecting the natural environment to the extent and for the purposes authorized by State law.

10.

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.

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 on which funds are first made available to carry out this Act.

1.

Short title

This Act may be cited as the South Park National Heritage Area Act .

2.

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 3(a).

(3)

Management entity

The term management entity means the management entity for the Heritage Area designated by section 3(d)(1).

(4)

Management plan

The term management plan means the management plan for the Heritage Area required by section 5.

(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.

3.

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.

4.

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 5, 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; and

(6)

encourage by appropriate means economic viability that is consistent with the Heritage Area.

(d)

Cost-sharing requirement

The Federal share of the cost of any activity carried out using any assistance made available under this Act shall be 50 percent.

5.

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 within the areas included in the map; and

(ii)

any other eligible and participating property within the areas included in the map 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 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; and

(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 180 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 180 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.

6.

Relationship to other Federal agencies

(a)

In General

Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law.

(b)

Consultation and Coordination

The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable.

(c)

Other Federal Agencies

Nothing in this Act—

(1)

modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;

(2)

limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or

(3)

modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.

7.

Private property and regulatory protections

Nothing in this Act—

(1)

abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;

(2)

requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;

(3)

alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity;

(4)

authorizes or implies the reservation or appropriation of water or water rights;

(5)

diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or

(6)

creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.

8.

Evaluation; report

(a)

In general

Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—

(1)

conduct an evaluation of the accomplishments of the Heritage Area; and

(2)

prepare a report in accordance with subsection (c).

(b)

Evaluation

An evaluation conducted under subsection (a)(1) shall—

(1)

assess the progress of the management entity with respect to—

(A)

accomplishing the purposes of this Act for the Heritage Area; and

(B)

achieving the goals and objectives of the approved management plan for the Heritage Area;

(2)

analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and

(3)

review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.

(c)

Report

(1)

In general

Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.

(2)

Required analysis

If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—

(A)

ways in which Federal funding for the Heritage Area may be reduced or eliminated; and

(B)

the appropriate time period necessary to achieve the recommended reduction or elimination.

(3)

Submission to congress

On completion of the report, the Secretary shall submit the report to—

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

9.

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.

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 of enactment of this Act.

September 17, 2007

Reported with an amendment