PUBLIC LAW 104–323—OCT. 19, 1996 110 STAT. 3889

Public Law 104–323

104th Congress

An Act

To establish the Cache La Poudre River Corridor.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SEC. 100. SHORT TITLE.

This Act may be cited as the ‘‘Cache La Poudre River Corridor

Act’’.

SEC. 101. PURPOSE.

The purpose of this Act is to designate the Cache La Poudre

Corridor within the Cache La Poudre River Basin and to provide

for the interpretation, for the educational and inspirational benefit

of present and future generations, of the unique and significant

contributions to our national heritage of cultural and historical

lands, waterways, and structures within the Corridor.

SEC. 102. DEFINITIONS.

In this Act:

(1) COMMISSION.—The term ‘‘Commission’’ means the Cache

La Poudre Corridor Commission established by section 104(a).

(2) CORRIDOR.—The term ‘‘Corridor’’ means the Cache La

Poudre Corridor established by section 103(a).

(3) GOVERNOR.—The term ‘‘Governor’’ means the Governor

of the State of Colorado.

(4) PLAN.—The term ‘‘Plan’’ means the corridor interpretation plan prepared by the Commission pursuant to section

108(a).

(5) POLITICAL SUBDIVISION OF THE STATE.—The term ‘‘political subdivision of the State’’ means a political subdivision of

the State of Colorado, any part of which is located in or adjacent

to the Corridor, including a county, city, town, water conservancy district, or special district.

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 103. ESTABLISHMENT OF THE CACHE LA POUDRE CORRIDOR.

(a) ESTABLISHMENT.—There is established in the State of Colorado the Cache La Poudre Corridor.

(b) BOUNDARIES.—The boundaries of the Corridor shall include

the lands within the 100-year flood plain of the Cache La Poudre

River Basin, beginning at a point where the Cache La Poudre

River flows out of the Roosevelt National Forest and continuing

east along the floodplain to a point 1⁄4 mile west of the confluence

of the Cache La Poudre River and the South Platte River in Weld

Cache La Poudre

River Corridor

Act.

Colorado.

Oct. 19, 1996

[S. 342]
110 STAT. 3890 PUBLIC LAW 104–323—OCT. 19, 1996

County, Colorado, comprising less than 35,000 acres, and generally

depicted as the 100-year flood boundary on the Federal Flood Insurance maps listed below:

(1) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080101 0146B, April 2, 1979.

United States Department of Housing and Urban Development,

Federal Insurance Administration.

(2) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080101 0147B, April 2, 1979.

United States Department of Housing and Urban Development,

Federal Insurance Administration.

(3) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080101 0162B, April 2, 1979.

United States Department of Housing and Urban Development,

Federal Insurance Administration.

(4) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080101 0163C, March 18, 1986.

Federal Emergency Management Agency, Federal Insurance

Administration.

(5) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080101 0178C, March 18, 1986.

Federal Emergency Management Agency, Federal Insurance

Administration.

(6) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080102 0002B, February 15,

1984. Federal Emergency Management Agency, Federal Insurance Administration.

(7) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080101 0179C, March 18, 1986.

Federal Emergency Management Agency, Federal Insurance

Administration.

(8) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080101 0193D, November 17,

1993. Federal Emergency Management Agency, Federal Insurance Administration.

(9) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080101 0194D, November 17,

1993. Federal Emergency Management Agency, Federal Insurance Administration.

(10) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080101 0208C, November 17,

1993. Federal Emergency Management Agency, Federal Insurance Administration.

(11) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080101 0221C, November 17,

1993. Federal Emergency Management Agency, Federal Insurance Administration.

(12) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080266 0605D, September 27,

1991. Federal Emergency Management Agency, Federal Insurance Administration.

(13) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080264 0005A, September 27,

1991. Federal Emergency Management Agency, Federal Insurance Administration.

(14) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080266 0608D, September 27,
PUBLIC LAW 104–323—OCT. 19, 1996 110 STAT. 3891

1991. Federal Emergency Management Agency, Federal Insurance Administration.

(15) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLO- RADO.—Community-Panel No. 080266 0609C, September 28,

1982. Federal Emergency Management Agency, Federal Insurance Administration.

(16) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080266 0628C, September 28,

1982. Federal Emergency Management Agency, Federal Insurance Administration.

(17) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080184 0002B, July 16, 1979.

United States Department of Housing and Urban Development,

Federal Insurance Administration.

(18) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080266 0636C, September 28,

1982. Federal Emergency Management Agency, Federal Insurance Administration.

(19) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO.—Community-Panel No. 080266 0637C, September 28,

1982. Federal Emergency Management Agency, Federal Insurance Administration.

As soon as practicable after the date of enactment of this Act,

the Secretary shall publish in the Federal Register a detailed

description and map of the boundaries of the Corridor.

(c) PUBLIC ACCESS TO MAPS.—The maps shall be on file and

available for public inspection in—

(1) the offices of the Department of the Interior in Washington, District of Columbia, and Denver, Colorado; and

(2) local offices of the city of Fort Collins, Larimer County,

the city of Greeley, and Weld County.

SEC. 104. ESTABLISHMENT OF THE CACHE LA POUDRE CORRIDOR

COMMISSION.

(a) IN GENERAL.—Upon the recommendation of the Governor,

the Secretary is authorized to recognize, for the purpose of developing and implementing the plan referred to in section 108, the

Cache La Poudre Corridor Commission, as such Commission may

be established by the State of Colorado or its political subdivisions.

(b) REFLECTION OF CROSS-SECTION OF INTERESTS.—The Secretary may provide recognition under subsection (a) only if the

Commission reflects the following:

(1) MEMBERSHIP.—

(A) COMPOSITION.—The Commission shall be composed

of 15 members appointed not later than 6 months after

the date of enactment of this Act. Of these 15 members—

(i) 1 member shall be a representative of the Secretary of the Interior which member shall be an ex

officio member;

(ii) 1 member shall be a representative of the

Forest Service, appointed by the Secretary of Agriculture, which member shall be an ex officio member;

(iii) 3 members shall be recommended by the Governor and appointed by the Secretary, of whom—

(I) 1 member shall represent the State;

(II) 1 member shall represent Colorado State

University in Fort Collins; and
110 STAT. 3892 PUBLIC LAW 104–323—OCT. 19, 1996

(III) 1 member shall represent the Northern

Colorado Water Conservancy District;

(iv) 6 members shall be representatives of local

governments who are recommended by the Governor

and appointed by the Secretary, of whom—

(I) 1 member shall represent the city of Fort

Collins;

(II) 2 members shall represent Larimer

County, 1 of which shall represent agriculture or

irrigated water interests;

(III) 1 member shall represent the city of Greeley;

(IV) 2 members shall represent Weld County,

1 of which shall represent agricultural or irrigated

water interests; and

(V) 1 member shall represent the city of

Loveland; and

(v) 3 members shall be recommended by the Governor and appointed by the Secretary, and shall—

(I) represent the general public;

(II) be citizens of the State; and

(III) reside within the Corridor.

(B) CHAIRPERSON.—The chairperson of the Commission

shall be elected by the members of the Commission from

among members appointed under clause (iii), (iv), or (v)

of subparagraph (A). The chairperson shall be elected for

a 2-year term.

(C) VACANCIES.—A vacancy on the Commission shall

be filled in the same manner in which the original appointment was made.

(2) TERMS OF SERVICE.—

(A) IN GENERAL.—Except as provided in subparagraphs

(B) and (C), each member of the Commission shall be

appointed for a term of 3 years and may be reappointed.

(B) INITIAL MEMBERS.—The initial members of the

Commission first appointed under paragraph (1)(A) shall

be appointed as follows:

(i) 3-YEAR TERMS.—The following initial members

shall serve for a 3-year term:

(I) The representative of the Secretary of the

Interior.

(II) 1 representative of Weld County.

(III) 1 representative of Larimer County.

(IV) 1 representative of the city of Loveland.

(V) 1 representative of the general public.

(ii) 2-YEAR TERMS.—The following initial members

shall serve for a 2-year term:

(I) The representative of the Forest Service.

(II) The representative of the State.

(III) The representative of Colorado State

University.

(IV) The representative of the Northern Colorado Water Conservancy District.

(iii) 1-YEAR TERMS.—The following initial members

shall serve for a 1-year term:

(I) 1 representative of the city of Fort Collins.

(II) 1 representative of Larimer County.
PUBLIC LAW 104–323—OCT. 19, 1996 110 STAT. 3893

(III) 1 representative of the city of Greeley.

(IV) 1 representative of Weld County.

(V) 1 representative of the general public.

(C) PARTIAL TERMS.—

(i) FILLING VACANCIES.—A member of the Commission appointed to fill a vacancy occurring before the

expiration of the term for which a predecessor was

appointed shall be appointed only for the remainder

of the member’s term.

(ii) EXTENDED SERVICE.—A member of the Commission may serve after the expiration of that member’s

term until a successor has taken office.

(3) COMPENSATION.—Members of the Commission shall

receive no compensation for their service on the Commission.

(4) TRAVEL EXPENSES.—While away from their homes or

regular places of business in the performance of services for

the Commission, members shall be allowed travel expenses,

including per diem in lieu of subsistence, in the same manner

as persons employed intermittently in the Government service

are allowed expenses under section 5703 of title 5, United

States Code.

SEC. 105. STAFF OF THE COMMISSION.

(a) STAFF.—The Commission shall have the power to appoint

and fix the compensation of such staff as may be necessary to

carry out the duties of the Commission.

(1) APPOINTMENT AND COMPENSATION.—Staff appointed by

the Commission—

(A) shall be appointed without regard to the civil service laws (including regulations); and

(B) shall be compensated without regard to the provisions of chapter 51 and subchapter III of chapter 53 of

title 5, United States Code, relating to classification of

positions and General Schedule pay rates.

(b) EXPERTS AND CONSULTANTS.—Subject to such rules as may

be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as is authorized

by section 3109(b) of title 5, United States Code, at rates for

individuals that do not exceed the daily equivalent of the annual

rate of basic pay prescribed for level V of the Executive Schedule

under section 5316 of that title.

(c) STAFF OF OTHER AGENCIES.—

(1) FEDERAL.—Upon request of the Commission, the head

of a Federal agency may detail, on a reimbursement basis,

any of the personnel of the agency to the Commission to assist

the Commission in carrying out the Commission’s duties. The

detail shall be without interruption or loss of civil service

status or privilege.

(2) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator

of the General Services Administration shall provide to the

Commission, on a reimbursable basis, such administrative support services as the Commission may request.

(3) STATE.—The Commission may—

(A) accept the service of personnel detailed from the

State, State agencies, and political subdivisions of the

State; and
110 STAT. 3894 PUBLIC LAW 104–323—OCT. 19, 1996

(B) reimburse the State, State agency, or political subdivision of the State for such services.

SEC. 106. POWERS OF THE COMMISSION.

(a) HEARINGS.—

(1) IN GENERAL.—The Commission may hold such hearings,

sit and act at such times and places, take such testimony,

and receive such evidence as the Commission considers necessary to carry out this Act.

(2) SUBPOENAS.—The Commission may not issue subpoenas

or exercise any subpoena authority.

(b) MAILS.—The Commission may use the United States mails

in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(c) MATCHING FUNDS.—The Commission may use its funds to

obtain money from any source under a program or law requiring

the recipient of the money to make a contribution in order to

receive the money.

(d) GIFTS.—Except as provided in subsection (e)(3), the Commission may, for the purpose of carrying out its duties, seek, accept,

and dispose of gifts, bequests, or donations of money, personal

property, or services received from any source.

(e) REAL PROPERTY.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Commission may not acquire real property or an interest in

real property.

(2) EXCEPTION.—Subject to paragraph (3), the Commission

may acquire real property in the Corridor, and interests in

real property in the Corridor—

(A) by gift or device;

(B) by purchase from a willing seller with money that

was given or bequeathed to the Commission; or

(C) by exchange.

(3) CONVEYANCE TO PUBLIC AGENCIES.—Any real property

or interest in real property acquired by the Commission under

paragraph (2) shall be conveyed by the Commission to an

appropriate non-Federal public agency, as determined by the

Commission. The conveyance shall be made—

(A) as soon as practicable after acquisition;

(B) without consideration; and

(C) on the condition that the real property or interest

in real property so conveyed is used in furtherance of

the purpose for which the Corridor is established.

(f) COOPERATIVE AGREEMENTS.—For the purpose of carrying

out the Plan, the Commission may enter into cooperative agreements with Federal agencies, State agencies, political subdivisions

of the State, and persons. Any such cooperative agreement shall,

at a minimum, establish procedures for providing notice to the

Commission of any action that may affect the implementation of

the Plan.

(g) ADVISORY GROUPS.—The Commission may establish such

advisory groups as it considers necessary to ensure open communication with, and assistance from Federal agencies, State agencies,

political subdivisions of the State, and interested persons.

(h) MODIFICATION OF PLANS.—
PUBLIC LAW 104–323—OCT. 19, 1996 110 STAT. 3895

(1) IN GENERAL.—The Commission may modify the Plan

if the Commission determines that such modification is necessary to carry out this Act.

(2) NOTICE.—No modification shall take effect until—

(A) any Federal agency, State agency, or political subdivision of the State that may be affected by the modification receives adequate notice of, and an opportunity to

comment on, the modification;

(B) if the modification is significant, as determined

by the Commission, the Commission has—

(i) provided adequate notice of the modification

by publication in the area of the Corridor; and

(ii) conducted a public hearing with respect to

the modification; and

(C) the Governor has approved the modification.

SEC. 107. DUTIES OF THE COMMISSION.

(a) PLAN.—The Commission shall prepare, obtain approval for,

implement, and support the Plan in accordance with section 108.

(b) MEETINGS.—

(1) TIMING.—

(A) INITIAL MEETING.—The Commission shall hold its

first meeting not later than 90 days after the date on

which its last initial member is appointed.

(B) SUBSEQUENT MEETINGS.—After the initial meeting,

the Commission shall meet at the call of the chairperson

or 7 of its members, except that the Commission shall

meet at least quarterly .

(2) QUORUM.—Ten members of the Commission shall constitute a quorum, but a lesser number of members may hold

hearings.

(3) BUDGET.—The affirmative vote of not less than 10 members of the Commission shall be required to approve the budget

of the Commission.

(c) ANNUAL REPORTS.—Not later than May 15 of each year,

following the year in which the members of the Commission have

been appointed, the Commission shall publish and submit to the

Secretary and to the Governor, an annual report concerning the

Commission’s activities.

SEC. 108. PREPARATION, REVIEW, AND IMPLEMENTATION OF THE

PLAN.

(a) PREPARATION OF PLAN.—

(1) IN GENERAL.—Not later than 2 years after the Commission conducts its first meeting, the Commission shall submit

to the Governor a Corridor Interpretation Plan.

(2) DEVELOPMENT.—In developing the Plan, the Commission shall—

(A) consult on a regular basis with appropriate officials

of any Federal or State agency, political subdivision of

the State, and local government that has jurisdiction over

or an ownership interest in land, water, or water rights

within the Corridor; and

(B) conduct public hearings within the Corridor for

the purpose of providing interested persons the opportunity

to testify about matters to be addressed by the Plan.

(3) RELATIONSHIP TO EXISTING PLANS.—The Plan—
110 STAT. 3896 PUBLIC LAW 104–323—OCT. 19, 1996

(A) shall recognize any existing Federal, State, and

local plans;

(B) shall not interfere with the implementation,

administration, or amendment of such plans; and

(C) to the extent feasible, shall seek to coordinate

the plans and present a unified interpretation plan for

the Corridor.

(b) REVIEW OF PLAN.—

(1) IN GENERAL.—The Commission shall submit the Plan

to the Governor for the Governor’s review.

(2) GOVERNOR.—The Governor may review the Plan and,

if the Governor concurs in the Plan, may submit the Plan

to the Secretary, together with any recommendations.

(3) SECRETARY.—The Secretary shall approve or disapprove

the Plan within 90 days. In reviewing the Plan, the Secretary

shall consider the adequacy of—

(A) public participation; and

(B) the Plan in interpreting, for the educational and

inspirational benefit of present and future generations, the

unique and significant contributions to our national heritage of cultural and historical lands, waterways, and structures within the Corridor.

(c) DISAPPROVAL OF PLAN.—

(1) NOTIFICATION BY SECRETARY.—If the Secretary disapproves the Plan, the Secretary shall, not later than 60 days

after the date of disapproval, advise the Governor and the

Commission of the reasons for disapproval, together with recommendations for revision.

(A) REVISION AND RESUBMISSION TO GOVERNOR.—Not

later than 90 days after receipt of the notice of disapproval,

the Commission shall revise and resubmit the Plan to

the Governor for review.

(B) RESUBMISSION TO SECRETARY.—If the Governor concurs in the revised Plan, he may submit the revised Plan

to the Secretary who shall approve or disapprove the revision within 60 days. If the Governor does not concur in

the revised Plan, he may resubmit it to the Commission

together with his recommendations for further consideration and modification.

(2) IMPLEMENTATION OF PLAN.—After approval by the Secretary, the Commission shall implement and support the Plan

as follows:

(A) CULTURAL RESOURCES.—

(i) IN GENERAL.—The Commission shall assist Federal agencies, State agencies, political subdivisions of

the State, and nonprofit organizations in the conservation and interpretation of cultural resources within

the Corridor.

(ii) EXCEPTION.—In providing the assistance, the

Commission shall in no way infringe upon the authorities and policies of a Federal agency, State agency,

or political subdivision of the State concerning the

administration and management of property, water,

or water rights held by the agency, political subdivision, or private persons or entities, or affect the jurisdiction of the State of Colorado over any property,

water, or water rights within the Corridor.
PUBLIC LAW 104–323—OCT. 19, 1996 110 STAT. 3897

(3) PUBLIC AWARENESS.—The Commission shall assist in

the enhancement of public awareness of, and appreciation for,

the historical, recreational, architectural, and engineering

structures in the Corridor, and the archaeological, geological,

and cultural resources and sites in the Corridor—

(A) by encouraging private owners of identified structures, sites, and resources to adopt voluntary measures

for the preservation of the identified structure, site, or

resource; and

(B) by cooperating with Federal agencies, State agencies, and political subdivisions of the State in acquiring,

on a willing seller basis, any identified structure, site,

or resource which the Commission, with the concurrence

of the Governor, determines should be acquired and held

by an agency of the State.

(4) RESTORATION.—The Commission may assist Federal

agencies, State agencies, political subdivisions of the State,

and nonprofit organizations in the restoration of any identified

structure or site in the Corridor with consent of the owner.

The assistance may include providing technical assistance for

historic preservation, revitalization, and enhancement efforts.

(5) INTERPRETATION.—The Commission shall assist in the

interpretation of the historical, present, and future uses of

the Corridor—

(A) by consulting with the Secretary with respect to

the implementation of the Secretary’s duties under section

110;

(B) by assisting the State and political subdivisions

of the State in establishing and maintaining visitor orientation centers and other interpretive exhibits within the Corridor;

(C) by encouraging voluntary cooperation and coordination, with respect to ongoing interpretive services in the

Corridor, among Federal agencies, State agencies, political

subdivisions of the State, nonprofit organizations, and private citizens; and

(D) by encouraging Federal agencies, State agencies,

political subdivisions of the State, and nonprofit organizations to undertake new interpretive initiatives with respect

to the Corridor.

(6) RECOGNITION.—The Commission shall assist in

establishing recognition for the Corridor by actively promoting

the cultural, historical, natural, and recreational resources of

the Corridor on a community, regional, statewide, national,

and international basis.

(7) LAND EXCHANGES.—The Commission shall assist in

identifying and implementing land exchanges within the State

of Colorado by Federal and State agencies that will expand

open space and recreational opportunities within the flood plain

of the Corridor.

SEC. 109. TERMINATION OF TRAVEL EXPENSES PROVISION.

Effective on the date that is 5 years after the date on which

the Secretary approves the Plan, section 104 is amended by striking

paragraph (4).

Effective date.
110 STAT. 3898 PUBLIC LAW 104–323—OCT. 19, 1996

SEC. 110. DUTIES OF THE SECRETARY.

(a) ACQUISITION OF LAND.—The Secretary may acquire land

and interests in land within the Corridor that have been specifically

identified by the Commission for acquisition by the Federal Government and that have been approved for the acquisition by the Governor and the political subdivision of the State where the land

is located by donation, purchase with donated or appropriated funds,

or exchange. Acquisition authority may only be used if the lands

cannot be acquired by donation or exchange. No land or interest

in land may be acquired without the consent of the owner.

(b) TECHNICAL ASSISTANCE.—The Secretary shall, upon the

request of the Commission, provide technical assistance to the

Commission in the preparation and implementation of the Plan

pursuant to section 108.

(c) DETAIL.—Each fiscal year during the existence of the

Commission, the Secretary shall detail to the Commission, on a

nonreimbursable basis, 2 employees of the Department of the

Interior to enable the Commission to carry out the Commission’s

duties under section 107.

SEC. 111. OTHER FEDERAL ENTITIES.

(a) DUTIES.—Subject to section 112, a Federal entity conducting

or supporting activities directly affecting the flow of the Cache

La Poudre River through the Corridor, or the natural resources

of the Corridor shall consult with the Commission with respect

to the activities.

(b) AUTHORIZATION.—

(1) IN GENERAL.—The Secretary or Administrator of a Federal agency may acquire land in the flood plain of the Corridor

by exchange for other lands within the agency’s jurisdiction

within the State of Colorado, based on fair market value, if

the lands have been identified by the Commission for acquisition by a Federal agency and the Governor and the political

subdivision of the State or the owner where the lands are

located concur in the exchange. Land so acquired shall be

used to fulfill the purpose for which the Corridor is established.

(2) CONVEYANCE OF SURPLUS REAL PROPERTY.—Without

monetary consideration to the United States, the Administrator

of General Services may convey to the State of Colorado, its

political subdivisions, or instrumentalities thereof all of the

right, title, and interest of the United States in and to any

surplus real property (within the meaning of section 3(g) of

the Federal Property and Administrative Services Act of 1949

(40 U.S.C. 472(g))) within the State of Colorado which the

Secretary has determined is suitable and desirable to meet

the purposes for which the Corridor is established. Subparagraph (B) of section 203(k)(3) of such Act shall apply to any

conveyance made under this paragraph. For purposes of the

preceding sentence, such subparagraph shall be applied by

substituting ‘‘the purposes for which the Cache La Poudre

Corridor is established’’ for ‘‘historic monument purposes’’.

SEC. 112. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS,

RESTRICTIONS, AND SAVINGS PROVISIONS.

(a) EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS.—
PUBLIC LAW 104–323—OCT. 19, 1996 110 STAT. 3899

(1) VOLUNTARY COOPERATION.—In carrying out this Act,

the Commission and Secretary shall emphasize voluntary

cooperation.

(2) RULES, REGULATIONS, STANDARDS, AND PERMIT PROCESSES.—Nothing in this Act shall be considered to impose or

form the basis for imposition of any environmental, occupational, safety, or other rule, regulation, standard, or permit

process that is different from those that would be applicable

had the Corridor not been established.

(3) ENVIRONMENTAL QUALITY STANDARDS.—Nothing in this

Act shall be considered to impose the application or administration of any Federal or State environmental quality standard

that is different from those that will be applicable had the

Corridor not been established.

(4) WATER STANDARDS.—Nothing in this Act shall be considered to impose any Federal or State water use designation

or water quality standard upon uses of, or discharges to, waters

of the State or waters of the United States, within or adjacent

to the Corridor, that is more restrictive than those that would

be applicable had the Corridor not been established.

(5) PERMITTING OF FACILITIES.—Nothing in the establishment of the Corridor shall abridge, restrict, or alter any

applicable rule, regulation, standard, or review procedure for

permitting of facilities within or adjacent to the Corridor.

(6) WATER FACILITIES.—Nothing in the establishment of

the Corridor shall affect the continuing use and operation,

repair, rehabilitation, expansion, or new construction of water

supply facilities, water and wastewater treatment facilities,

stormwater facilities, public utilities, and common carriers.

(7) WATER AND WATER RIGHTS.—Nothing in the establishment of the Corridor shall be considered to authorize or imply

the reservation or appropriation of water or water rights for

any purpose.

(b) RESTRICTIONS ON COMMISSION AND SECRETARY.—Nothing

in this Act shall be construed to vest in the Commission or the

Secretary the authority to—

(1) require a Federal agency, State agency, political subdivision of the State, or private person (including an owner of

private property) to participate in a project or program carried

out by the Commission or the Secretary under this Act;

(2) intervene as a party in an administrative or judicial

proceeding concerning the application or enforcement of a regulatory authority of a Federal agency, State agency, or political

subdivision of the State, including, but not limited to, authority

relating to—

(A) land use regulation;

(B) environmental quality;

(C) licensing;

(D) permitting;

(E) easements;

(F) private land development; or

(G) other occupational or access issue;

(3) establish or modify a regulatory authority of a Federal

agency, State agency, or political subdivision of the State,

including authority relating to—

(A) land use regulation;

(B) environmental quality; or
110 STAT. 3900 PUBLIC LAW 104–323—OCT. 19, 1996

LEGISLATIVE HISTORY—S. 342:

SENATE REPORTS: No. 104–188 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 142 (1996):

Oct. 3, considered and passed Senate.

Oct. 4, considered and passed House.

Æ

(C) pipeline or utility crossings;

(4) modify a policy of a Federal agency, State agency,

or political subdivision of the State;

(5) attest in any manner the authority and jurisdiction

of the State with respect to the acquisition of lands or water,

or interest in lands or water;

(6) vest authority to reserve or appropriate water or water

rights in any entity for any purpose;

(7) deny, condition, or restrict the construction, repair,

rehabilitation, or expansion of water facilities, including

stormwater, water, and wastewater treatment facilities; or

(8) deny, condition, or restrict the exercise of water rights

in accordance with the substantive and procedural requirements of the laws of the State.

(c) SAVINGS PROVISION.—Nothing in this Act shall diminish,

enlarge, or modify a right of a Federal agency, State agency, or

political subdivision of the State—

(1) to exercise civil and criminal jurisdiction within the

Corridor; or

(2) to tax persons, corporations, franchises, or property,

including minerals and other interests in or on lands or waters

within the urban portions of the Corridor.

(d) ACCESS TO PRIVATE PROPERTY.—Nothing in this Act requires

an owner of private property to allow access to the property by

the public.

SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated not

to exceed $50,000 to the Commission to carry out this Act for

each of the first 5 fiscal years following the date of enactment

of this Act.

(b) MATCHING FUNDS.—Funds may be made available pursuant

to this section only to the extent they are matched by equivalent

funds or in-kind contributions of services or materials from nonFederal sources.

Approved October 19, 1996.