[Senate Report 110-171]
[From the U.S. Government Publishing Office]
Calendar No. 369
110th Congress Report
SENATE
1st Session 110-171
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SOUTH PARK NATIONAL HERITAGE AREA ACT
_______
September 17, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 444]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 444) to establish the South Park National
Heritage Area in the State of Colorado, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``South Park National Heritage Area
Act''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
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 of enactment of
this Act.
PURPOSE
The purpose of S. 444 is to designate the South Park
National Heritage Area in Park County, Colorado.
BACKGROUND AND NEED
Park County, Colorado, with an average elevation of 9,000
feet, has been described as a microcosm of Western history and
natural history. Located in the Rocky Mountains, the area is
home to the nation's highest incorporated town, a Pleistocene
fossil site, gold mines, cattle ranches, and rare plant
communities. The proposed heritage area presents an opportunity
to interpret life at high altitude during the early settlement
and development of the American West.
Located in the geographic center of Colorado, South Park
was a historical lifeline for Ute Indians, trappers, miners and
ranchers. Native Americans and prospectors traveled through
mountain passes to enter South Park in search of natural
resource riches. Later roads and railroads followed these high
routes and provided a connection to downstream communities. The
proposed heritage area's collection of historic and cultural
resources provides excellent opportunities to interpret life,
industry and agriculture during the Nineteenth Century on the
western frontier.
LEGISLATIVE HISTORY
S. 444 was introduced by Senator Salazar on January 31,
2007. The Subcommittee on National Parks held a hearing on the
bill on March 20, 2007 (S. Hrg. 110-73). At its business
meeting on July 25, 2007, the Committee on Energy and Natural
Resources ordered S. 444 favorably reported with an amendment
in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 25, 2007, by a voice vote of a quorum
present, recommends that the Senate pass S. 444, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 444, the Committee adopted
an amendment in the nature of a substitute. The amendment
deletes the Congressional findings, and modifies the management
language for the heritage area to make it consistent with the
authorities provided for other national heritage areas. The
amendment also adds a requirement that the Secretary of the
Interior conduct an evaluation of the heritage area not later
than three years before the date authority for Federal funding
terminates, to assess the progress of the management entity in
accomplishing the purposes for which the heritage area was
established and whether the goals and objectives of the
management plan for the heritage area were achieved. The
Secretary is required to submit a report of the findings of the
evaluation to the Congressional authorizing Committees.
The amendment is explained in detail in the section-by-
section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``South Park
National Heritage Area Act.''
Section 2 defines the key terms used in the bill.
Section 3(a) establishes the South Park National Heritage
Area (``heritage area'').
Subsection (b) describes the boundaries of the heritage
area.
Subsection (c) requires that a map of the heritage area
boundaries be included in the management plan for the heritage
area and available for public inspection in the appropriate
offices of the National Park Service.
Subsection (d) 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 heritage area. Members of the Board
shall include representatives from a broad cross-section of the
individuals, agencies, organizations, and governments that were
involved in the planning and development of the heritage area.
Section 4(a) prohibits the management entity from using
Federal funds made available under this Act to acquire real
property or an interest in real property.
Subsection (b) authorizes the Secretary of the Interior
(``Secretary''), acting through the management entity, to make
grants in furtherance of the purposes of the heritage area,
enter into cooperative agreements or provide technical
assistance, hire staff, contract for goods and services, and
undertake to be a catalyst for any other activity that furthers
the heritage area and is consistent with the approved
management plan.
Subsection (c) lists the duties of the management entity.
Subsection (d) requires any Federal funding for the
heritage area to be matched on a 50:50 basis with non-Federal
funds.
Section 5(a) requires the management entity to submit a
management plan for the heritage area to the Secretary not
later than 3 years after the day of enactment of the Act.
Subsection (b) lists the requirements for the management
plan.
Subsection (c) provides that if the management plan is not
submitted to the Secretary within three years after the date of
enactment, the management entity is ineligible to receive
further Federal funding until the plan is submitted.
Subsection (d) requires the Secretary to approve or
disapprove the management plan within six months after it is
submitted. The subsection also lists the criteria the Secretary
is to use in approving the plan, and describes the procedure to
be followed if the plan is not approved.
Section 6 describes the relationship of other Federal
agencies to the heritage area.
Subsection (a) clarifies that nothing in this Act affects
the authority of a Federal agency to provide technical or
financial assistance under any other law.
Subsection (b) encourages the head of a Federal agency
planning to conduct activities that may have an impact on the
heritage area to consult and coordinate the activities with the
Secretary and the management entity to the maximum extent
practicable.
Subsection (c) clarifies that nothing in this Act modifies
authorities of Federal agencies to manage Federal land, limits
the discretion of a Federal agency to implement an approved
land use plan, or modifies or alters any authorized use of
Federal land.
Section 7 contains several savings provisions to clarify
that the designation of the national heritage area will not
affect private property rights, affect governmental land use
regulation, reserve or appropriate water rights, diminish the
authority of the State to manage fish and wildlife, or create
any liability for property owners within the heritage area.
Section 8(a) requires the Secretary to conduct an
evaluation of the accomplishments of the national heritage area
not later than three years before the date Federal funding
authority terminates.
Subsection (b) provides that the evaluation shall assess
the progress of the management entity with respect to
accomplishing the purposes of this Act for the heritage area
and whether the management entity achieved the goals and
objectives of the approved management plan for the heritage
area. The evaluation is also required to analyze governmental
investments in the heritage area to determine the leverage and
impact of the investments.
Subsection (c) requires the Secretary to prepare a report,
based on the evaluation, that includes recommendations for the
future role of the National Park Service, if any, for the
heritage area. If the report recommends that Federal funding
for the area be reauthorized, it is required to include an
analysis of ways Federal funding may be reduced or eliminated.
The report is to be submitted to the House and Senate
authorizing committees.
Section 9 authorizes total appropriations of $10 million,
with not more than $1 million appropriated for any fiscal year,
and subject to the non-Federal match requirement.
Section 10 provides that the authority of the Secretary to
provide assistance under this Act terminates 15 years after the
date of enactment.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
July 31, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 444, the South Park
National Heritage Area Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 444--South Park National Heritage Area Act
Summary: S. 444 would establish the South Park National
Heritage Area (NHA) in Colorado. The bill would create a board
of directors to serve as the local coordinating entity for the
proposed NHA in partnership with the Park County Tourism and
Community Development Office. The board of directors would be
responsible for developing a management plan for the NHA and
assisting local governments and nonprofit agencies in
implementing the plan.
The legislation would authorize the appropriation of $10
million, not to exceed $1 million annually, for financial
assistance to the commission or other eligible entities over
the next 15 years. CBO estimates that implementing S. 444 would
cost $5 million over the 2008-2012 period, with additional
amounts spent after 2012.
Enacting S. 444 would have no effect on direct spending or
revenues. The bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA).
Estimated Cost to the Federal Government: The estimated
budgetary impact of S. 444 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 1 1 1 1 1
Estimated Outlays.................................................. 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
Basis of estimate: Assuming appropriation of the authorized
amounts, CBO estimates that implementing S. 444 would cost $5
million over the 2008-2012 period and $5 million over the
following five to 10 years. Such amounts would be used to cover
a portion of the costs of planning, establishing, operating,
and interpreting the heritage area.
Intergovernmental and private-sector impact: S. 444
contains no intergovernmental or private-sector mandates as
defined in UMRA; state and local governments could benefit from
grants and technical assistance authorized by the bill for the
heritage area.
Estimate prepared by: Federal costs: Deborah Reis and David
Reynolds; Impact on state, local, and tribal governments: Leo
Lex; Impact on the private sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 444. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 444, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the March 20, 2007, Subcommittee hearing on S. 444 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
U.S. Department of the Interior
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 444, a bill to
establish the South Park National Heritage Area in the State of
Colorado.
Park County, Colorado prepared a feasibility study for the
South Park National Heritage Area that determined that the
South Park region is appropriate for designation. The Park
Service is reviewing this feasibility study. Nevertheless, we
recommend that the committee defer action on S. 444 and all
other proposed heritage area designations until program
legislation is enacted that establishes guidelines and a
process for the designation of national heritage areas. Last
year, the Administration sent to Congress a legislative
proposal to establish guidelines and a process for designation.
Bills were introduced in the 109th Congress (S. 243, H.R. 760
and H.R. 6287) that incorporated the majority of the provisions
of the Administration's proposal, and S. 243 passed the Senate.
During the 110th Congress, a similar heritage area program
bill, S. 278, has been introduced, and we look forward to
continuing to work with Congress on this very important issue.
With 37 national heritage areas designated across 27
states, and more heritage area legislative proposals in the
pipeline, the Administration believes it is critical at this
juncture for Congress to enact national heritage area program
legislation. This legislation would provide a much-needed
framework for evaluating proposed national heritage areas,
offering guidelines for successful planning and management,
clarifying the roles and responsibilities of all parties, and
standardizing timeframes and funding for designated areas.
Program legislation also would clarify the expectation that
heritage areas would work toward self-sufficiency by outlining
the necessary steps, including appropriate planning, to achieve
that shared goal.
S. 444 would establish the South Park National Heritage
Area to recognize the outstanding and nationally significant
assemblage of natural, scenic, recreational and cultural
resources found within South Park, which encompasses the
largest mountain shortgrass grassland ever documented.
S. 444 contains safeguards to protect private property
owners, including a prohibition on the use of federal funding
to acquire real property or any interest in real property. The
bill imposes no new provisions to provide for public use and
access to private property or any new liabilities to property
owners. The bill also does not modify or enlarge the authority
of the federal, State, or local governments to regulate land
use.
S. 444 would designate the Park County Tourism and
Community Development Office, in conjunction with the South
Park National Heritage Area Board of Directors as the
management entity and outlines their duties. The Park County
Tourism and Development Office has played a key leadership role
in the conservation and interpretation of South Park's
resources since the area was designated a Colorado State
Heritage Area in 1997. The Board of Directors represents a
broad spectrum of individuals, agencies, organizations and
governments who have been actively engaged in the planning for
the NHA. The bill authorizes the development of a management
plan for the NHA within three years of the enactment of this
Act, or risk becoming ineligible for federal funding until a
plan is submitted to the Secretary.
A feasibility study for the South Park National Heritage
Area has been prepared by Park County, Colorado, which
addresses the ten interim criteria used to assess National
Heritage Area designations. That study determined that the area
is appropriate for designation.
South Park, a high mountain valley, or park, averages 9,000
feet in elevation and rises to more than 14,000 feet in the
surrounding Mosquito and Tarryall Mountain ranges. These
mountain ranges contain some of the most extensive bristlecone
pine forests in North America and 41 rare plant species, three
of which are found nowhere else in the world. The Tarryall
Mountains also contain the Lost Creek Scenic Area National
Natural Landmark, where geological forces have sculpted natural
spires, pinnacles, narrow gorges, and subterranean channels
that cause Lost Creek to disappear and reappear at least nine
times on its cascading journey through the park.
The mountainous region in the southwest corner of South
Park also includes Porcupine Cave, one of the richest and most
diverse paleontological sites in North America. At an elevation
of 9,400 feet, Porcupine Cave contains a vertebrate faunal
collection from the Middle Pleistocene Era in North America.
Entering South Park from 10,000 foot Kenosha Pass, visitors
experience one of the most dramatic and scenic views within the
Rocky Mountains. Encompassing nearly 1 million acres, this
unique high elevation steppe constitutes the most extensive
montane shortgrass grassland ever recorded. South Park also
contains a unique wetland ecosystem containing 15 rare plants,
nine rare insects, and two globally rare plant communities
Evidence of Native American habitation can be traced back
nearly 11,000 years to the end of the last ice age. South
Park's high mountains, clear streams, expansive grasslands, and
abundant wildlife also attracted pioneering settlers westward.
South Park represented one of the last frontiers in the
settlement of the continental United States, with hopeful
prospectors arriving in the mid-19th century. Between 1859 and
1949, more than $250 million in gold and silver were produced
within the Fairplay-Alma Mining District. At 14,157 feet, the
Present Help is the highest mine ever to operate in the United
States. Numerous other historic sites, mining towns, mills, and
cultural landscapes exist within South Park including the
Snowstorm Dredge, the last intact gold dredge in Colorado,
currently on the list of Colorado's Most Endangered Places.
Ranchers soon followed the miners into South Park, hoping
to graze their cattle on the rich grasslands and capitalize on
the hearty appetites of the miners. Many followed the famous
Goodnight-Loving Trail up from Young County, Texas and eastern
Colorado. The highest concentration of historic ranches can be
found along the Tarryall River Corridor where a recent survey
identified more than 32 historic sites associated with frontier
ranching.
An hour's drive from the Denver Metro area, South Park also
offers abundant recreational opportunities. The South Park
basin contains portions of two wilderness areas--Lost Creek and
Buffalo Peaks--located on the Pike and San Isabel National
Forests. The towering Mosquito Mountain range offers the only
place in the United States where climbers can ascend four peaks
above 14,000 feet in a single day. In addition, South Park
contains over 45 miles of Gold Medal Trout streams available to
anglers. At least six different driving tours have been
developed to help travelers learn more about the cultural and
natural heritage of South Park. Park County has identified four
interpretive themes to assist communities and other partners
with their education programs.
Support for the South Park National Heritage Area comes
from a broad spectrum of local, State and national governmental
and non-profit organizations. In addition, all State and
federal land management agencies with operations within South
Park have endorsed the NHA and stated their willingness to work
collaboratively with the management entity. In addition, a
National Heritage Area Partnership has been established,
including 21 distinct entities such as the Central Cattleman's
Association and all local governments in Park County, to help
achieve the Congressionally authorized conservation and
education responsibilities.
If the committee chooses to move forward with this bill,
the Department would recommend that the bill be amended to
include an additional requirement for an evaluation to be
conducted by the Secretary, three years prior to the cessation
of federal funding under this act. The evaluation would examine
the accomplishments of the heritage area in meeting the goals
of the management plan; analyze the leveraging and impact of
investments to the heritage area; identify the critical
components of the management structure and sustainability of
the heritage area; and recommend what future role, if any, the
National Park Service should have with respect to the heritage
area.
We also recommend that the bill be amended to remove
paragraph 6(a)(2) which would authorize the management entity
to use federal funds to acquire conservation easements,
paragraph 6(d)(2) which would require 100 percent federal
funding prior to completion of the management plan, and to
change the termination authority in Section 11 to expire 15
years after enactment. In addition, we would like to work with
the Subcommittee to ensure that the management planning process
is coordinated with the affected federal land management
entities. These amendments would make S. 444 consistent with
other, similar, national heritage area establishment bills and
would allow the management entity to use the limited funds
available for purposes other than acquiring potentially costly
land interests.
Mr. Chairman, this concludes my prepared remarks. I would
be pleased to answer any questions you or other members of the
Subcommittee may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 444, as ordered
reported.