II 

109TH CONGRESS 

1ST SESSION S. 2102 

To amend the Cache La Poudre River Corridor Act to designate a new 

management entity, make certain technical and conforming amendments, 

enhance private property protections, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2005 

Mr. ALLARD (for himself and Mr. SALAZAR) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Cache La Poudre River Corridor Act to designate a new management entity, make certain technical 

and conforming amendments, enhance private property 

protections, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cache la Poudre River 

5 National Heritage Area Technical Amendments Act of 

6 2005’’. 
2 

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1 SEC. 2. CACHE LA POUDRE RIVER NATIONAL HERITAGE 

2 AREA. 

3 (a) PURPOSE.—Section 101 of the Cache La Poudre 

4 River Corridor Act (16 U.S.C. 461 note; Public Law 104– 

5 323) is amended— 

6 (1) by striking ‘‘Cache La Poudre Corridor’’ 

7 and inserting ‘‘Cache la Poudre River National Her8 itage Area’’; 

9 (2) by striking ‘‘Cache La Poudre River Basin’’ 

10 and inserting ‘‘Cache la Poudre River Basin’’; and 

11 (3) by striking ‘‘the Corridor’’ and inserting 

12 ‘‘the Heritage Area’’. 

13 (b) DEFINITIONS.—Section 102 of the Cache La 

14 Poudre River Corridor Act (16 U.S.C. 461 note; Public 

15 Law 104–323) is amended— 

16 (1) by striking paragraph (1) and inserting the 

17 following: 

18 ‘‘(1) ALLIANCE.—The term ‘Alliance’ means 

19 the Poudre Heritage Alliance, a nonprofit corpora20 tion incorporated in the State of Colorado.’’; 

21 (2) by striking paragraphs (2) and (3) and in22 serting the following: 

23 ‘‘(2) GOVERNOR.—The term ‘Governor’ means 

24 the Governor of the State of Colorado. 
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1 ‘‘(3) HERITAGE AREA.—The term ‘Heritage 

2 Area’ means the Cache la Poudre River National 

3 Heritage Area established by section 103(a).’’; 

4 (3) by striking paragraph (4) and inserting the 

5 following: 

6 ‘‘(4) PLAN.—The term ‘Plan’ means the Cache 

7 la Poudre River National Heritage Area manage8 ment plan prepared by the Alliance under section 

9 105.’’; and 

10 (4) in paragraph (5), by striking ‘‘Corridor’’ 

11 and inserting ‘‘Heritage Area’’. 

12 (c) ESTABLISHMENT AND BOUNDARIES; LAND13 OWNER WITHDRAWAL AUTHORITY.—Section 103 of the 

14 Cache La Poudre River Corridor Act (16 U.S.C. 461 note; 

15 Public Law 104–323) is amended— 

16 (1) in subsection (a), by striking ‘‘Cache La 

17 Poudre Corridor’’ and inserting ‘‘Cache la Poudre 

18 River National Heritage Area’’; 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘the boundaries of the Cor21 ridor’’ and inserting ‘‘the boundaries of the 

22 Heritage Area’’; 

23 (B) by striking ‘‘Cache La Poudre River’’ 

24 each place it appears and inserting ‘‘Cache la 

25 Poudre River’’; and 
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1 (C) by striking ‘‘and generally depicted’’ 

2 and all that follows through the period at the 

3 end of the matter following paragraph (19) and 

4 inserting ‘‘as generally depicted on the map en5 titled ‘Cache la Poudre River National Heritage 

6 Area’, numbered 960/80,003, and dated April, 

7 2004.’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(d) MANAGEMENT ENTITY.—The Alliance shall be 

10 the management entity for the Heritage Area. 

11 ‘‘(e) LANDOWNER WITHDRAWAL.—On submission to 

12 the Alliance of a written request by an owner of private 

13 property included within the boundary of the Heritage 

14 Area, the private property shall be removed from the Her15 itage Area.’’. 

16 SEC. 3. POUDRE HERITAGE ALLIANCE. 

17 Section 104 of the Cache La Poudre River Corridor 

18 Act (16 U.S.C. 461 note; Public Law 104–323) is amend19 ed to read as follows: 

20 ‘‘SEC. 104. AUTHORITIES AND DUTIES OF THE ALLIANCE. 

21 ‘‘(a) DUTIES OF THE ALLIANCE.—To further the 

22 purposes of the Heritage Area, the Alliance shall— 

23 ‘‘(1) prepare, obtain approval for, implement, 

24 and support the Plan in accordance with section 

25 105; 
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1 ‘‘(2) administer the Heritage Area; 

2 ‘‘(3) conduct meetings regarding the develop3 ment and implementation of the Plan at least quar4 terly that are open to the public; 

5 ‘‘(4) for any fiscal year in which the Alliance 

6 receives Federal funds under this Act— 

7 ‘‘(A) submit to the Secretary an annual re8 port that describes the accomplishments, ex9 penses, and income of the Alliance, including 

10 grants provided to any other entities during the 

11 fiscal year; and 

12 ‘‘(B)(i) make available for audit all infor13 mation relating to the expenditure of the Fed14 eral funds and any matching funds; and 

15 ‘‘(ii) in any agreement authorizing expendi16 tures of Federal funds by other organizations, 

17 require that the receiving organizations make 

18 available for audit all records and other infor19 mation relating to the expenditure of the Fed20 eral funds; 

21 ‘‘(5) encourage by appropriate means economic 

22 viability that is consistent with the purposes of the 

23 Heritage Area; and 

24 ‘‘(6) carry out other duties of the Alliance as 

25 required under this Act. 
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1 ‘‘(b) AUTHORITIES.—The Alliance may, for the pur2 poses of preparing and implementing the Plan, use Fed3 eral funds made available under this Act to— 

4 ‘‘(1) make grants to the State of Colorado, po5 litical subdivisions of the State, nonprofit organiza6 tions, and other persons; 

7 ‘‘(2) enter into cooperative agreements with, or 

8 provide technical assistance to, the State of Colo9 rado, political subdivisions of the State, nonprofit or10 ganizations, and other interested persons; 

11 ‘‘(3) hire and compensate staff, including indi12 viduals with expertise in cultural, historic, and nat13 ural resources protection and heritage programming; 

14 ‘‘(4) obtain money or services from any source, 

15 including money or services that are provided under 

16 any other Federal law or program; 

17 ‘‘(5) contract for goods or services; and 

18 ‘‘(6) support activities that— 

19 ‘‘(A) further the purposes of the Heritage 

20 Area; and 

21 ‘‘(B) are consistent with the approved 

22 Plan. 

23 ‘‘(c) ACQUISITION OF LAND AND REAL PROPERTY.— 

24 ‘‘(1) ACQUISITION OF REAL PROPERTY.— 
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1 ‘‘(A) PROHIBITION ON USE OF FEDERAL

2 FUNDS.—The Alliance shall not use Federal 

3 funds received under this Act to acquire real 

4 property. 

5 ‘‘(B) OTHER FUNDS.—Notwithstanding 

6 subparagraph (A), the Alliance may acquire 

7 real property using any other source of funding, 

8 including other Federal funding. 

9 ‘‘(2) ACQUISITION OF LAND FROM WILLING

10 SELLERS.—No land or interest in land may be ac11 quired by the Secretary or the Alliance under this 

12 Act without the consent of the owner of the land or 

13 interest.’’. 

14 SEC. 4. CACHE LA POUDRE RIVER NATIONAL HERITAGE 

15 AREA MANAGEMENT PLAN. 

16 (a) IN GENERAL.—The Cache La Poudre River Cor17 ridor Act (16 U.S.C. 461 note; Public Law 104–323) is 

18 amended by striking sections 105 through 109 and insert19 ing the following: 

20 ‘‘SEC. 105. CACHE LA POUDRE RIVER NATIONAL HERITAGE 

21 AREA MANAGEMENT PLAN. 

22 ‘‘(a) REQUIREMENTS.—The Alliance shall prepare 

23 and submit to the Secretary for approval a management 

24 plan for the Heritage Area that— 
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1 ‘‘(1) describes comprehensive policies, goals, 

2 strategies, and recommendations for— 

3 ‘‘(A) telling the story of the heritage of the 

4 Heritage Area; and 

5 ‘‘(B) encouraging long-term resource pro6 tection, enhancement, interpretation, funding, 

7 management, and development of the Heritage 

8 Area; 

9 ‘‘(2) includes a description of actions and com10 mitments that State and local governments, private 

11 organizations, and citizens in the Heritage Area will 

12 take to protect, enhance, and interpret the cultural, 

13 historic, natural, and scenic resources of the Herit14 age Area; 

15 ‘‘(3) specifies existing and potential sources of 

16 funding or economic development strategies to pro17 tect, enhance, interpret, fund, manage, and develop 

18 the Heritage Area; 

19 ‘‘(4) includes an inventory of the cultural, edu20 cational, historical, natural, recreational, and scenic 

21 resources of the Heritage Area and associated sites 

22 relating to the stories and themes of the region that 

23 should be protected, enhanced, managed or devel24 oped; 
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1 ‘‘(5) recommends policies and strategies for re2 source management, including the development of 

3 intergovernmental and interagency agreements to 

4 protect the cultural, educational, historic, natural, 

5 recreational, and scenic resources of the Heritage 

6 Area; 

7 ‘‘(6) describes a program of implementation for 

8 the Plan, including— 

9 ‘‘(A) performance goals; 

10 ‘‘(B) plans for resource protection, en11 hancement, and interpretation; and 

12 ‘‘(C) specific commitments for implementa13 tion that have been made by the Alliance or any 

14 government, organization, business, or indi15 vidual in the Heritage Area; 

16 ‘‘(7) includes an analysis of, and recommenda17 tions for, ways in which Federal, State, and local 

18 programs may best be coordinated to further the 

19 purposes of this Act, including an analysis of the 

20 role of the National Park Service and other Federal 

21 agencies associated with the Heritage Area; and 

22 ‘‘(8) includes a business plan that— 

23 ‘‘(A) describes the role, operation, financ24 ing, and functions of— 

25 ‘‘(i) the Alliance; and 
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1 ‘‘(ii) each of the major activities in2 cluded in the Plan; and 

3 ‘‘(B) provides adequate assurances that 

4 the Alliance has the partnerships and financial 

5 and other resources necessary to implement the 

6 Plan. 

7 ‘‘(b) TERMINATION OF FUNDING.—If the Plan is not 

8 submitted to the Secretary in accordance with this section, 

9 the Secretary shall not provide to the Alliance any addi10 tional financial assistance under this Act until the Plan 

11 is submitted to and approved by the Secretary under this 

12 section. 

13 ‘‘(c) APPROVAL OF PLAN.— 

14 ‘‘(1) REVIEW.—Not later than 180 days after 

15 the date of receipt of the management plan under 

16 subsection (a), the Secretary, in consultation with 

17 the Governor, shall review and approve or disapprove 

18 the Plan. 

19 ‘‘(2) CRITERIA.—In determining whether to ap20 prove the Plan, the Secretary shall consider wheth21 er— 

22 ‘‘(A) the Alliance is representing the di23 verse interests of the Heritage Area, includ24 ing— 

25 ‘‘(i) governments; 
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1 ‘‘(ii) natural and historic resource 

2 protection organizations; 

3 ‘‘(iii) educational institutions; 

4 ‘‘(iv) businesses; 

5 ‘‘(v) recreational organizations; 

6 ‘‘(vi) community residents; and 

7 ‘‘(vii) private property owners; 

8 ‘‘(B) the Alliance provided adequate oppor9 tunity, workshops, and hearings for public and 

10 governmental involvement in the preparation of 

11 the Plan; 

12 ‘‘(C) the Alliance includes provisions for at 

13 least semiannual public meetings to ensure ade14 quate implementation of the Plan; 

15 ‘‘(D) the resource protection and interpre16 tation strategies in the Plan would adequately 

17 protect, enhance, and interpret the cultural, his18 toric, natural, and scenic resources of the Her19 itage Area; 

20 ‘‘(E) the Plan would adversely affect any 

21 activities authorized on Federal land under pub22 lic land laws or land use plans; 

23 ‘‘(F) the Alliance has demonstrated finan24 cial capability, in partnership with others, to 

25 carry out the Plan; 
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1 ‘‘(G) the Secretary has received adequate 

2 assurances from the appropriate State and local 

3 officials, the support of which is needed to en4 sure the effective implementation of the State 

5 and local aspects of the Plan; and 

6 ‘‘(H) the Plan demonstrates partnerships 

7 among the Alliance, Federal, State, and local 

8 governments, regional planning organizations, 

9 nonprofit organizations, or private-sector par10 ties for implementation of the Plan. 

11 ‘‘(3) ACTION FOLLOWING DISAPPROVAL.—If the 

12 Secretary disapproves the Plan under paragraph (1), 

13 the Secretary shall— 

14 ‘‘(A) advise the Alliance in writing of the 

15 reasons for the disapproval; 

16 ‘‘(B) make recommendations for revisions 

17 to the Plan; and 

18 ‘‘(C) not later than 180 days after the date 

19 of receipt of a proposed revision to the Plan, 

20 approve or disapprove the proposed revision. 

21 ‘‘(4) AMENDMENTS.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 review and approve or disapprove each amend24 ment to the Plan that the Secretary determines 
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1 may substantially alter the purposes of the Her2 itage Area. 

3 ‘‘(B) USE OF FUNDS.—Funds made avail4 able under this Act shall not be expended by 

5 the management entity to implement an amend6 ment described in subparagraph (A) until the 

7 Secretary approves the amendment.’’. 

8 (b) CONFORMING AMENDMENTS.—The Cache La 

9 Poudre River Corridor Act (16 U.S.C. 461 note; Public 

10 Law 104–323) is amended by redesignating sections 110, 

11 111, 112, and 113 as sections 106, 107, 108, and 109, 

12 respectively. 

13 SEC. 5. DUTIES AND AUTHORITIES OF THE SECRETARY OF 

14 THE INTERIOR. 

15 Section 106 of the Cache La Poudre River Corridor 

16 Act (16 U.S.C. 461 note; Public Law 104–323) (as redes17 ignated by section 4(b)) is amended— 

18 (1) by striking the heading and inserting the 

19 following: 

20 ‘‘SEC. 106. DUTIES AND AUTHORITIES OF THE SECRETARY.’’; 

21 (2) by striking subsections (a) and (c); 

22 (3) by redesignating subsection (b) as sub23 section (a); 

24 (4) in subsection (a) (as redesignated by para25 graph (2))— 
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1 (A) by striking ‘‘Commission’’ each place it 

2 appears and inserting ‘‘Alliance’’; and 

3 (B) by striking ‘‘section 108’’ and insert4 ing ‘‘section 105’’; and 

5 (5) by adding at the end the following: 

6 ‘‘(b) COOPERATIVE AGREEMENTS.— 

7 ‘‘(1) IN GENERAL.—The Secretary may enter 

8 into cooperative agreements with the Alliance for the 

9 purpose of carrying out the Plan. 

10 ‘‘(2) REQUIREMENTS.—Any cooperative agree11 ment shall, at a minimum, establish procedures for 

12 providing notice to the Alliance of any action that 

13 may affect the implementation of the Plan.’’. 

14 SEC. 6. OTHER FEDERAL ENTITIES. 

15 Section 107 of the Cache La Poudre River Corridor 

16 Act (16 U.S.C. 461 note; Public Law 104–323) (as redes17 ignated by section 4(b)) is amended— 

18 (1) in subsection (a), by striking ‘‘section 112’’ 

19 and inserting ‘‘section 108’’; 

20 (2) by striking ‘‘Corridor’’ each place it appears 

21 and inserting ‘‘Heritage Area’’; 

22 (3) by striking ‘‘Commission’’ each place it ap23 pears and inserting ‘‘Alliance’’; and 

24 (4) by striking ‘‘Cache La Poudre’’ each place 

25 it appears and inserting ‘‘Cache la Poudre’’. 
15 

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1 SEC. 7. EFFECT ON ENVIRONMENTAL AND OTHER STAND2 ARDS, RESTRICTIONS, AND SAVINGS PROVI3 SIONS. 

4 Section 108 of the Cache La Poudre River Corridor 

5 Act (16 U.S.C. 461 note; Public Law 104–323) (as redes6 ignated by section 4(b)) is amended— 

7 (1) by striking subsections (c) and (d) and in8 serting the following: 

9 ‘‘(c) PRESERVATION, CONSERVATION, AND PRO10 MOTION OF PRIVATE PROPERTY.—No private property 

11 shall be preserved, conserved, or promoted under the Plan 

12 until— 

13 ‘‘(1) the Alliance notifies the owner of the pri14 vate property in writing; and 

15 ‘‘(2) the owner of the private property provides 

16 to the management entity written consent for the 

17 preservation, conservation, or promotion. 

18 ‘‘(d) SAVINGS PROVISION.—Nothing in this Act— 

19 ‘‘(1) diminishes, enlarges, or modifies a right of 

20 a Federal agency, State agency, or political subdivi21 sion of the State— 

22 ‘‘(A) to exercise civil and criminal jurisdic23 tion within the Heritage Area; or 

24 ‘‘(B) to tax persons, corporations, fran25 chises, or property, including minerals and 
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1 other interests in or on land or water within the 

2 urban portions of the Heritage Area; 

3 ‘‘(2) authorizes the regulation of private land in 

4 the Heritage Area; 

5 ‘‘(3) authorizes the imposition of any manda6 tory streamflow requirements in the Heritage Area; 

7 ‘‘(4) creates an express or implied Federal re8 served water right; 

9 ‘‘(5) imposes any Federal water quality stand10 ard within or upstream of the Heritage Area that is 

11 more restrictive than would be applicable had the 

12 Heritage Area not been established; or 

13 ‘‘(6) prevents the State of Colorado from ac14 quiring an instream flow through the Heritage Area 

15 under the terms, conditions, and limitations of State 

16 law to assist in protecting the natural environment 

17 to the extent and for the purposes authorized by 

18 State law.’’; 

19 (2) by striking ‘‘Corridor’’ each place it appears 

20 and inserting ‘‘Heritage Area’’; and 

21 (3) by striking ‘‘Commission’’ each place it ap22 pears and inserting ‘‘Alliance’’. 

23 SEC. 8. PRIVATE PROPERTY PROTECTIONS. 

24 The Cache La Poudre River Corridor Act (16 U.S.C. 

25 461 note; Public Law 104–323) is amended by inserting 
17 

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1 after section 108 (as redesignated by section 4(b)) the fol2 lowing: 

3 ‘‘SEC. 109. PRIVATE PROPERTY PROTECTION. 

4 ‘‘(a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

5 this Act— 

6 ‘‘(1) requires any private property owner to 

7 allow public access (including Federal, State, or local 

8 government access) to the private property; or 

9 ‘‘(2) modifies any provision of Federal, State, 

10 or local law with regard to public access to or use 

11 of private property. 

12 ‘‘(b) LIABILITY.—Designation of the Heritage Area 

13 does not create any liability, or have any effect on any 

14 liability under any other law, of any private property 

15 owner with respect to any persons injured on the private 

16 property. 

17 ‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL

18 LAND USE.—Nothing in this Act modifies the authority 

19 of the Federal Government or State or local governments 

20 to regulate land use. 

21 ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWN22 ERS IN HERITAGE AREA.—Nothing in this Act requires 

23 the owner of any private property located within the 

24 boundaries of the Heritage Area to participate in or be 

25 associated with the Heritage Area. 
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1 ‘‘(e) EFFECT OF ESTABLISHMENT.— 

2 ‘‘(1) IN GENERAL.—The boundaries designated 

3 for the Heritage Area represent the area within 

4 which Federal funds made available under section 

5 110 may be expended. 

6 ‘‘(2) REGULATORY AUTHORITY.—The establish7 ment of the Heritage Area and the boundaries of the 

8 Heritage Area does not provide any regulatory au9 thority not in existence on the date of enactment of 

10 this subsection on land use within the Heritage Area 

11 or the viewshed by the Secretary, the National Park 

12 Service, or the Alliance.’’. 

13 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 109 of the Cache La Poudre River Corridor 

15 Act (16 U.S.C. 461 note; Public Law 104–323) (as redes16 ignated by section 4(b)) is amended to read as follows: 

17 ‘‘SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘(a) IN GENERAL.—There are authorized to be ap19 propriated to carry out this Act— 

20 ‘‘(1) not more than $100,000 for any fiscal 

21 year, to remain available until expended; and 

22 ‘‘(2) not more than a total of $1,000,000. 

23 ‘‘(b) MATCHING FUNDS.— 

24 ‘‘(1) IN GENERAL.—As a condition of providing 

25 a grant under this Act to the Alliance, the Secretary 
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1 shall require that the Alliance provide matching 

2 funds equal to the amount of the grant. 

3 ‘‘(2) FORM.—Matching funds— 

4 ‘‘(A) shall be from non-Federal sources; 

5 and 

6 ‘‘(B) may be made in the form of in-kind 

7 contributions of goods or services fairly valued. 

8 ‘‘(c) ADMINISTRATIVE EXPENSES.—Not more than 5 

9 percent of the funds made available under subsection (a) 

10 for a fiscal year may be used by the Secretary for technical 

11 assistance, oversight, and administrative purposes.’’. 

12 SEC. 10. TERMINATION OF AUTHORITY; REFERENCES IN 

13 LAW. 

14 The Cache La Poudre River Corridor Act (16 U.S.C. 

15 461 note; Public Law 104–323) is amended by adding at 

16 the end the following: 

17 ‘‘SEC. 111. REFERENCES. 

18 ‘‘(a) FEDERAL LAWS AND DOCUMENTS.—Any ref19 erence in any law (other than this Act), regulation, docu20 ment, record, map, or other paper of the United States 

21 to ‘Cache La Poudre River Corridor’ or ‘Cache La Poudre 

22 Corridor’ shall be considered to be a reference to the 

23 ‘Cache la Poudre River National Heritage Area’. 

24 ‘‘(b) OTHER SIGNS AND NOTICES.—Any directional 

25 or official sign or notice relating to ‘Cache La Poudre 
20 

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1 River Corridor’ or ‘Cache La Poudre Corridor’ shall be 

2 considered to be a reference to the ‘Cache la Poudre River 

3 National Heritage Area’. 

4 ‘‘SEC. 112. TERMINATION OF AUTHORITY. 

5 ‘‘The authority of the Secretary to provide financial 

6 assistance to the Alliance (excluding technical assistance 

7 and administrative oversight) under this Act shall termi8 nate 10 years after the date of enactment of the Cache 

9 la Poudre River National Heritage Area Technical 

10 Amendments Act of 2005.’’. 

Æ