Cultural tourism and heritage areas.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0146

SENATE FILE

NO.
SF0015

Cultural tourism and heritage areas.

Sponsored by:
Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee

A BILL

for

AN ACT relating to
cultural
and heritage areas; providing for grants for the development, desig
nation and promotion of
cultural
and heritage areas; providing legislative intent; providing an appropriation;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 9
‑
2
‑
4
26
through 9
‑
2
‑
43
0
are created to read:

9
‑
2
‑
4
26
.

Short title.

W.S. 9
‑
2
‑
4
26
through 9
‑
2
‑
4
30
shall be known and may be cited as the
"
Wyoming
Cultural
and Heritage Areas Act
"
.

9
‑
2
‑
4
27
.

Legislative declaration.

(a)

The legislature finds that
Wyoming
and its people possess a unique cultural heritage. The legislature further finds that there is a need to promote and enhance that unique cultural heritage for the citizens of the state and the nation and for future generations to understand and appreciate the heritage that makes
Wyoming
unique among the
United States
.

(b)

It is the purpose of this
act
to create a
cultural
and
h
eritage
a
rea
p
rogram to identify, enhance and promote the historic, recreational, cultural, natural and scenic resources of the
s
tate and to stimulate community sustainability and economic development through tourism.

(c)

The purpose of this act is to promote tourism and nothing in this act shall be cited or employed to affect land and mineral use policy, permitting or regulatory decisions.

9
‑
2
‑
4
28
.

Definitions.

(a)

As used in this act:

(i)

"Commission" means the
Wyoming

p
arks and
c
ultural
r
esources
c
ommission;

(ii)

"Department" means the
department
of state parks and cultural resources, or its successor;

(iii)

"
Cultural
and heritage area" means a developed are
a
of public and private uses that:

(A)

Ranges in size from a portion of a county or municipality to a regional area with a special coherence;

(
B
)

Is distinguished by physical and cultural
resources
which have played a vital role in the
history
and development of
a
community
or the state
and contribute to the public
's understanding of this heritage
through interpretive, educational and recreational use; and

(
C
)

Is composed of
contiguous
or noncontiguous areas.

(iv)

"
Lead organization
"
means nonprofit and governmental cultural, historical and arts organizations
that receive grant fund
s
from the commission pertaining to cultural and heritage areas
;

(v)

"This act" means W.S. 9
‑
2
‑
4
26
through 9
‑
2
‑
43
0
.

9
‑
2
‑
4
29
.

Commission
duties
.

(a)

The commission shall:

(i)

Review innovative grant proposals and provide grant funds in a phased process to
lead organizations to
facilitate
the purposes of this act
;

(ii)

Require local matching funds or other in-kind
contributions from grantees;

(iii)

Review and monitor the expenditure of monies to grantees
;

(iv)

Require the approval of any person who owns a developed area within a cultural and heritage area that may be promoted as a destination point as part of the proposal;

(v)

Consider other necessary matters.

9
‑
2
‑
43
0
.

Department duties.

(a)

The department shall:

(i)

Establish criteria for grant categories and grant applications through rules and regulations;

(ii)

Consider other necessary matters
;

(iii)

P
romulgate reasonable rules and regulations in accordance with the Wyoming Administrative Procedure Act to implement the provisions of
this act;

(iv)

A
nnually report to the governor, the joint appropriations interim committee and the joint travel, recreation, wildlife and cultural resources interim committee no later than October 1 with respect to all:

(
A
)

Federal grants, state appropriations and other contributions, grants, gifts, bequests and donations received and cr
edited to the Wyoming
cultural
and
heritage areas program during the preceding fiscal year; and

(
B
)

Grants awarded by the commission to
cultural
and heritage lead organizations.

Section
2
.

There is appropriated
one million four hundred thirty thousand dollars ($1,430,000.00) from the
budget reserve account
to the department of state parks and cultural resources. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010. This appropriation shall only be expended for the purpose of funding grants unde
r and administering the
cultural
and heritage area program. Notwithstanding
W.S.
9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207, these funds which are unexpended, unobligated or unencumbered as of June 30, 2010 shall not revert to the general fund but shall be retained by the department for the purposes specified in this section. This appropriation shall not be included in the department's
2011
-
2012 standard biennial budget request.

Section 3.
This act is effective July 1, 200
9
.

(END)

1
SF0015