Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	2,843	n/a	n/a
Engrossed in House	3,012	11	15%
Referred in Senate	3,001	5 Show Changes Hide Changes	1%

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HR 324 EHRFSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 324CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To establish the Santa Cruz Valley National Heritage Area, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Santa Cruz Valley National Heritage Area Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Purposes.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink





Sec. 4. Designation of Santa Cruz Valley National Heritage Area.CommentsClose CommentsPermalink





Sec. 5. Management plan.CommentsClose CommentsPermalink





Sec. 6. Evaluation; report.CommentsClose CommentsPermalink





Sec. 7. Local coordinating entity.CommentsClose CommentsPermalink





Sec. 8. Relationship to other Federal agencies.CommentsClose CommentsPermalink





Sec. 9. Private property and regulatory protections.CommentsClose CommentsPermalink





Sec. 10. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 11. Use of Federal funds from other sources.CommentsClose CommentsPermalink





Sec. 12. Sunset for grants and other assistance.CommentsClose CommentsPermalink





Sec. 13. Border security.CommentsClose CommentsPermalink

SEC. 2. PURPOSES.

The purposes of this Act include--CommentsClose CommentsPermalink





(1) to establish the Santa Cruz Valley National Heritage Area in the State of Arizona;CommentsClose CommentsPermalink





(2) to implement the recommendations of the ‘Alternative Concepts for Commemorating Spanish Colonization’ study completed by the National Park Service in 1991, and the ‘Feasibility Study for the Santa Cruz Valley National Heritage Area’ prepared by the Center for Desert Archaeology in July 2005;CommentsClose CommentsPermalink





(3) to provide a management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the region and to conserve the region’s heritage while continuing to pursue compatible economic opportunities;CommentsClose CommentsPermalink





(4) to assist communities, organizations, and citizens in the State of Arizona in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; andCommentsClose CommentsPermalink





(5) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the National Heritage Area.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) NATIONAL HERITAGE AREA- The term ‘National Heritage Area’ means the Santa Cruz Valley National Heritage Area established in this Act.CommentsClose CommentsPermalink





(2) LOCAL COORDINATING ENTITY- The term ‘local coordinating entity’ means the Santa Cruz Valley Heritage Alliance, Inc., which is hereby designated by Congress--CommentsClose CommentsPermalink





(A) to develop, in partnership with others, the management plan for the National Heritage Area; andCommentsClose CommentsPermalink





(B) to act as a catalyst for the implementation of projects and programs among diverse partners in the National Heritage Area.CommentsClose CommentsPermalink





(3) MANAGEMENT PLAN- The term ‘management plan’ means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this Act.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink

SEC. 4. DESIGNATION OF SANTA CRUZ VALLEY NATIONAL HERITAGE AREA.

(a) Establishment- There is hereby established the Santa Cruz Valley National Heritage Area.CommentsClose CommentsPermalink





(b) Boundaries-CommentsClose CommentsPermalink





(1) IN GENERAL- The National Heritage Area shall consist of portions of the counties of Santa Cruz and Pima.CommentsClose CommentsPermalink





(2) MAP- The boundaries of the National Heritage Area shall be as generally depicted on the map titled ‘Santa Cruz Valley National Heritage Area’, and numbered T09/80,000, and dated November 13, 2007. The map shall be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity.CommentsClose CommentsPermalink

SEC. 5. MANAGEMENT PLAN.

(a) Requirements- The management plan for the National Heritage Area shall--CommentsClose CommentsPermalink





(1) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;CommentsClose CommentsPermalink





(2) include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink





(3) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;CommentsClose CommentsPermalink





(4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;CommentsClose CommentsPermalink





(5) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink





(6) describe a program for implementation for the management plan, including--CommentsClose CommentsPermalink





(A) performance goals;CommentsClose CommentsPermalink





(B) plans for resource protection, enhancement, interpretation, funding, management, and development; andCommentsClose CommentsPermalink





(C) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal, or local government agency, organization, business, or individual;CommentsClose CommentsPermalink





(7) include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this Act; andCommentsClose CommentsPermalink





(8) include a business plan that--CommentsClose CommentsPermalink





(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; andCommentsClose CommentsPermalink





(B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.CommentsClose CommentsPermalink





(b) Deadline-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.CommentsClose CommentsPermalink





(2) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this Act until such time as the management plan is submitted to and approved by the Secretary.CommentsClose CommentsPermalink





(c) Approval of Management Plan-CommentsClose CommentsPermalink





(1) REVIEW- Not later than 180 days after receiving the plan, the Secretary, in consultation with the Secretary of Homeland Security, shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3).CommentsClose CommentsPermalink





(2) CONSULTATION- The Secretary shall consult with the Governor of each State in which the National Heritage Area is located before approving a management plan for the National Heritage Area.CommentsClose CommentsPermalink





(3) CRITERIA FOR APPROVAL- In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether--CommentsClose CommentsPermalink





(A) the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;CommentsClose CommentsPermalink





(B) the local coordinating entity--CommentsClose CommentsPermalink





(i) has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; andCommentsClose CommentsPermalink





(ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan;CommentsClose CommentsPermalink





(C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;CommentsClose CommentsPermalink





(D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;CommentsClose CommentsPermalink





(E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;CommentsClose CommentsPermalink





(F) the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; andCommentsClose CommentsPermalink





(G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.CommentsClose CommentsPermalink





(4) DISAPPROVAL-CommentsClose CommentsPermalink





(A) IN GENERAL- If the Secretary disapproves the management plan, the Secretary--CommentsClose CommentsPermalink





(i) shall advise the local coordinating entity in writing of the reasons for the disapproval; andCommentsClose CommentsPermalink





(ii) may make recommendations to the local coordinating entity for revisions to the management plan.CommentsClose CommentsPermalink





(B) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.CommentsClose CommentsPermalink





(5) AMENDMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.CommentsClose CommentsPermalink





(B) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized by this Act to implement an amendment to the management plan until the Secretary approves the amendment.CommentsClose CommentsPermalink





(6) AUTHORITIES- The Secretary may--CommentsClose CommentsPermalink





(A) provide technical assistance under the authority of this Act for the development and implementation of the management plan; andCommentsClose CommentsPermalink





(B) enter into cooperative agreements with interested parties to carry out this Act.CommentsClose CommentsPermalink

SEC. 6. EVALUATION; REPORT.

(a) In General- Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this Act, the Secretary shall--CommentsClose CommentsPermalink





(1) conduct an evaluation of the accomplishments of the National Heritage Area; andCommentsClose CommentsPermalink





(2) prepare a report in accordance with subsection (c).CommentsClose CommentsPermalink





(b) Evaluation- An evaluation conducted under subsection (a)(1) shall--CommentsClose CommentsPermalink





(1) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink





(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; andCommentsClose CommentsPermalink





(B) achieving the goals and objectives of the approved management plan for the National Heritage Area;CommentsClose CommentsPermalink





(2) analyze the Federal, State, Tribal, and local, and private investments in the National Heritage Area to determine the impact of the investments; andCommentsClose CommentsPermalink





(3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.CommentsClose CommentsPermalink





(c) Report- Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.CommentsClose CommentsPermalink

SEC. 7. LOCAL COORDINATING ENTITY.

(a) Duties- To further the purposes of the National Heritage Area, the Santa Cruz Valley Heritage Alliance, Inc., as the local coordinating entity, shall--CommentsClose CommentsPermalink





(1) prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this Act;CommentsClose CommentsPermalink





(2) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this Act, specifying--CommentsClose CommentsPermalink





(A) the specific performance goals and accomplishments of the local coordinating entity;CommentsClose CommentsPermalink





(B) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink





(C) the amounts and sources of matching funds;CommentsClose CommentsPermalink





(D) the amounts leveraged with Federal funds and sources of the leveraging; andCommentsClose CommentsPermalink





(E) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink





(3) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this Act, all information pertaining to the expenditure of the funds and any matching funds; andCommentsClose CommentsPermalink





(4) encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area.CommentsClose CommentsPermalink





(b) Authorities- For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this Act to--CommentsClose CommentsPermalink





(1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;CommentsClose CommentsPermalink





(2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;CommentsClose CommentsPermalink





(3) hire and compensate staff, including individuals with expertise in--CommentsClose CommentsPermalink





(A) natural, historical, cultural, educational, scenic, and recreational resource conservation;CommentsClose CommentsPermalink





(B) economic and community development; andCommentsClose CommentsPermalink





(C) heritage planning;CommentsClose CommentsPermalink





(4) obtain funds or services from any source, including other Federal programs;CommentsClose CommentsPermalink





(5) contract for goods or services; andCommentsClose CommentsPermalink





(6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.CommentsClose CommentsPermalink





(c) Prohibition on Acquisition of Real Property- The local coordinating entity may not use Federal funds authorized under this Act to acquire any interest in real property.CommentsClose CommentsPermalink

SEC. 8. 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.CommentsClose CommentsPermalink





(b) Consultation and Coordination- The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.CommentsClose CommentsPermalink





(c) Other Federal Agencies- Nothing in this Act--CommentsClose CommentsPermalink





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





(2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area;CommentsClose CommentsPermalink





(3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency; orCommentsClose CommentsPermalink





(4) modifies, restricts, impedes, hinders, or supplants any border enforcement or security authority, including drug interdiction and illegal immigration control.CommentsClose CommentsPermalink

SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

(a) Clarification- Nothing in this Act--CommentsClose CommentsPermalink





(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 National Heritage Area;CommentsClose CommentsPermalink





(2) requires any property owner to permit public access (including access by Federal, State, Tribal, 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, Tribal, or local law;CommentsClose CommentsPermalink





(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure;CommentsClose CommentsPermalink





(4) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink





(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Private Property Owner Protection-CommentsClose CommentsPermalink





(1) No privately owned property shall be preserved, conserved, or promoted by the management plan for the National 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.CommentsClose CommentsPermalink





(2) Any owner of private property included within the boundary of the National Heritage Area shall have their property immediately removed from within the boundary by submitting a written request to the management entity.CommentsClose CommentsPermalink

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations- Subject to subsection (b), there are authorized to be appropriated to carry out this Act not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.CommentsClose CommentsPermalink





(b) Limitation on Total Amounts Appropriated- Not more than $15,000,000 may be appropriated to carry out this Act.CommentsClose CommentsPermalink





(c) Cost-sharing Requirement- The Federal share of the total cost of any activity under this Act shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink

SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this Act shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.CommentsClose CommentsPermalink

SEC. 12. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

SEC. 13. BORDER SECURITY.

Nothing in this Act may impede, prohibit, or restrict activities of the Secretary of Homeland Security to achieve operational control (as defined under Public Law 109-367) within the National Heritage Area.CommentsClose CommentsPermalink

Passed the House of Representatives September 23, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

111th CONGRESS

1st Session

H. R. 324

AN ACT

To establish the Santa Cruz Valley National Heritage Area, and for other purposes LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink