II 

111TH CONGRESS 

1ST SESSION S. 180 

To establish the Cache La Poudre River National Heritage Area, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2009 

Mr. SALAZAR (for himself and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To establish the Cache La Poudre River National Heritage 

Area, 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 Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) HERITAGE AREA.—The term ‘‘Heritage 

9 Area’’ means the Cache La Poudre River National 

10 Heritage Area established by section 3(a). 


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1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘local coordinating entity’’ means the Poudre Herit3 age Alliance, the local coordinating entity for the 

4 Heritage Area designated by section 3(d). 

5 (3) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan for the 

7 Heritage Area required under section 5(a). 

8 (4) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Cache La Poudre River National Heritage 

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

11 2004. 

12 (5) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (6) STATE.—The term ‘‘State’’ means the State 

15 of Colorado. 

16 SEC. 3. CACHE LA POUDRE RIVER NATIONAL HERITAGE 

17 AREA. 

18 (a) ESTABLISHMENT.—There is established in the 

19 State the Cache La Poudre River National Heritage Area. 

20 (b) BOUNDARIES.—The Heritage Area shall consist 

21 of the area depicted on the map. 

22 (c) MAP.—The map shall be on file and available for 

23 public inspection in the appropriate offices of— 

24 (1) the National Park Service; and 

25 (2) the local coordinating entity. 


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1 (d) LOCAL COORDINATING ENTITY.—The local co2 ordinating entity for the Heritage Area shall be the 

3 Poudre Heritage Alliance, a nonprofit organization incor4 porated in the State. 

5 SEC. 4. ADMINISTRATION. 

6 (a) AUTHORITIES.—To carry out the management 

7 plan, the Secretary, acting through the local coordinating 

8 entity, may use amounts made available under this Act— 

9 (1) to make grants to the State (including any 

10 political subdivision of the State), nonprofit organi11 zations, and other individuals; 

12 (2) to enter into cooperative agreements with, 

13 or provide technical assistance to, the State (includ14 ing any political subdivision of the State), nonprofit 

15 organizations, and other interested parties; 

16 (3) to hire and compensate staff, which shall in17 clude individuals with expertise in natural, cultural, 

18 and historical resource protection, and heritage pro19 gramming; 

20 (4) to obtain funds or services from any source, 

21 including funds or services that are provided under 

22 any other Federal law or program; 

23 (5) to enter into contracts for goods or services; 

24 and 


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1 (6) to serve as a catalyst for any other activity 

2 that— 

3 (A) furthers the purposes and goals of the 

4 Heritage Area; and 

5 (B) is consistent with the approved man6 agement plan. 

7 (b) DUTIES.—The local coordinating entity shall— 

8 (1) in accordance with section 5, prepare and 

9 submit to the Secretary a management plan for the 

10 Heritage Area; 

11 (2) assist units of local government, regional 

12 planning organizations, and nonprofit organizations 

13 in carrying out the approved management plan by— 

14 (A) carrying out programs and projects 

15 that recognize, protect, and enhance important 

16 resource values located in the Heritage Area; 

17 (B) establishing and maintaining interpre18 tive exhibits and programs in the Heritage 

19 Area; 

20 (C) developing recreational and educational 

21 opportunities in the Heritage Area; 

22 (D) increasing public awareness of, and 

23 appreciation for, the natural, historical, scenic, 

24 and cultural resources of the Heritage Area; 


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1 (E) protecting and restoring historic sites 

2 and buildings in the Heritage Area that are 

3 consistent with Heritage Area themes; 

4 (F) ensuring that clear, consistent, and ap5 propriate signs identifying points of public ac6 cess, and sites of interest, are posted through7 out the Heritage Area; and 

8 (G) promoting a wide range of partner9 ships among governments, organizations, and 

10 individuals to further the Heritage Area; 

11 (3) consider the interests of diverse units of 

12 government, businesses, organizations, and individ13 uals in the Heritage Area in the preparation and im14 plementation of the management plan; 

15 (4) conduct meetings open to the public at least 

16 semiannually regarding the development and imple17 mentation of the management plan; 

18 (5) for any year for which Federal funds have 

19 been received under this Act— 

20 (A) submit an annual report to the Sec21 retary that describes the activities, expenses, 

22 and income of the local coordinating entity (in23 cluding grants to any other entities during the 

24 year that the report is made); 


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1 (B) make available to the Secretary for 

2 audit all records relating to the expenditure of 

3 the funds and any matching funds; and 

4 (C) require, with respect to all agreements 

5 authorizing expenditure of Federal funds by 

6 other organizations, that the organizations re7 ceiving the funds make available to the Sec8 retary for audit all records concerning the ex9 penditure of the funds; and 

10 (6) encourage by appropriate means economic 

11 viability that is consistent with the Heritage Area. 

12 (c) PROHIBITION ON THE ACQUISITION OF REAL

13 PROPERTY.—The local coordinating entity shall not use 

14 Federal funds made available under this Act to acquire 

15 real property or any interest in real property. 

16 SEC. 5. MANAGEMENT PLAN. 

17 (a) IN GENERAL.—Not later than 3 years after the 

18 date of enactment of this Act, the local coordinating entity 

19 shall submit to the Secretary for approval a proposed 

20 management plan for the Heritage Area. 

21 (b) REQUIREMENTS.—The management plan shall— 

22 (1) incorporate an integrated and cooperative 

23 approach for the protection, enhancement, and inter24 pretation of the natural, cultural, historic, scenic, 


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1 educational, and recreational resources of the Herit2 age Area; 

3 (2) take into consideration State and local 

4 plans; 

5 (3) include— 

6 (A) an inventory of the resources located 

7 in the Heritage Area; 

8 (B) comprehensive policies, strategies, and 

9 recommendations for conservation, funding, 

10 management, and development of the Heritage 

11 Area; 

12 (C) a description of actions that govern13 ments, private organizations, and individuals 

14 have agreed to take to protect the natural, cul15 tural, historic, scenic, educational, and rec16 reational resources of the Heritage Area; 

17 (D) a program of implementation for the 

18 management plan by the local coordinating en19 tity that includes a description of— 

20 (i) actions to facilitate ongoing col21 laboration among partners to promote 

22 plans for resource protection, restoration, 

23 and construction; and 

24 (ii) specific commitments for imple25 mentation that have been made by the 


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1 local coordinating entity or any govern2 ment, organization, or individual for the 

3 first 5 years of operation; 

4 (E) the identification of sources of funding 

5 for carrying out the management plan; 

6 (F) analysis and recommendations for 

7 means by which local, State, and Federal pro8 grams, including the role of the National Park 

9 Service in the Heritage Area, may best be co10 ordinated to carry out this Act; and 

11 (G) an interpretive plan for the Heritage 

12 Area; and 

13 (4) recommend policies and strategies for re14 source management that consider and detail the ap15 plication of appropriate land and water management 

16 techniques, including the development of intergov17 ernmental and interagency cooperative agreements 

18 to protect the natural, cultural, historic, scenic, edu19 cational, and recreational resources of the Heritage 

20 Area. 

21 (c) DEADLINE.—If a proposed management plan is 

22 not submitted to the Secretary by the date that is 3 years 

23 after the date of enactment of this Act, the local coordi24 nating entity shall be ineligible to receive additional fundVerDate Nov 24 2008 01:44 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S180.IS S180

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1 ing under this Act until the date on which the Secretary 

2 approves a management plan. 

3 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

4 PLAN.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of receipt of the management plan 

7 under subsection (a), the Secretary, in consultation 

8 with the State, shall approve or disapprove the man9 agement plan. 

10 (2) CRITERIA FOR APPROVAL.—In determining 

11 whether to approve the management plan, the Sec12 retary shall consider whether— 

13 (A) the local coordinating entity is rep14 resentative of the diverse interests of the Herit15 age Area, including governments, natural and 

16 historic resource protection organizations, edu17 cational institutions, businesses, and rec18 reational organizations; 

19 (B) the local coordinating entity has af20 forded adequate opportunity, including public 

21 hearings, for public and governmental involve22 ment in the preparation of the management 

23 plan; and 

24 (C) the resource protection and interpreta25 tion strategies contained in the management 


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1 plan, if implemented, would adequately protect 

2 the natural, cultural, historic, scenic, edu3 cational, and recreational resources of the Her4 itage Area. 

5 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

6 Secretary disapproves the management plan under 

7 paragraph (1), the Secretary shall— 

8 (A) advise the local coordinating entity in 

9 writing of the reasons for the disapproval; 

10 (B) make recommendations for revisions to 

11 the management plan; and 

12 (C) not later than 180 days after the date 

13 of receipt of any proposed revision of the man14 agement plan from the local coordinating entity, 

15 approve or disapprove the proposed revision. 

16 (4) AMENDMENTS.— 

17 (A) IN GENERAL.—The Secretary shall ap18 prove or disapprove each amendment to the 

19 management plan that the Secretary determines 

20 would make a substantial change to the man21 agement plan. 

22 (B) USE OF FUNDS.—The local coordi23 nating entity shall not use Federal funds au24 thorized to be appropriated by this Act to carry 

25 out any amendments to the management plan 


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1 until the Secretary has approved the amend2 ments. 

3 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

4 (a) IN GENERAL.—Nothing in this Act affects the au5 thority of a Federal agency to provide technical or finan6 cial assistance under any other law (including regula7 tions). 

8 (b) CONSULTATION AND COORDINATION.—To the 

9 maximum extent practicable, the head of any Federal 

10 agency planning to conduct activities that may have an 

11 impact on the Heritage Area is encouraged to consult and 

12 coordinate the activities with the Secretary and the local 

13 coordinating entity. 

14 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

15 Act— 

16 (1) modifies, alters, or amends any law (includ17 ing any regulation) authorizing a Federal agency to 

18 manage Federal land under the jurisdiction of the 

19 Federal agency; 

20 (2) limits the discretion of a Federal land man21 ager to implement an approved land use plan within 

22 the boundaries of the Heritage Area; or 

23 (3) modifies, alters, or amends any authorized 

24 use of Federal land under the jurisdiction of a Fed25 eral agency. 


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1 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC2 TIONS. 

3 Nothing in this Act— 

4 (1) abridges the rights of any public or private 

5 property owner, including the right to refrain from 

6 participating in any plan, project, program, or activ7 ity conducted within the Heritage Area; 

8 (2) requires any property owner— 

9 (A) to permit public access (including ac10 cess by Federal, State, or local agencies) to the 

11 property of the property owner; or 

12 (B) to modify public access or use of prop13 erty of the property owner under any other 

14 Federal, State, or local law; 

15 (3) alters any duly adopted land use regulation, 

16 approved land use plan, or other regulatory author17 ity of any Federal, State, or local agency; 

18 (4) conveys any land use or other regulatory 

19 authority to the local coordinating entity; 

20 (5) authorizes or implies the reservation or ap21 propriation of water or water rights; 

22 (6) diminishes the authority of the State to 

23 manage fish and wildlife, including the regulation of 

24 fishing and hunting within the Heritage Area; or 

25 (7) creates any liability, or affects any liability 

26 under any other law (including regulations), of any 


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1 private property owner with respect to any individual 

2 injured on the private property. 

3 SEC. 8. EVALUATION; REPORT. 

4 (a) IN GENERAL.—Not later than 3 years before the 

5 date on which authority for Federal funding terminates 

6 for the Heritage Area, the Secretary shall— 

7 (1) conduct an evaluation of the accomplish8 ments of the Heritage Area; and 

9 (2) prepare a report in accordance with sub10 section (c). 

11 (b) EVALUATION.—An evaluation conducted under 

12 subsection (a)(1) shall— 

13 (1) assess the progress of the local coordinating 

14 entity with respect to— 

15 (A) accomplishing the purposes of this Act 

16 for the Heritage Area; and 

17 (B) achieving the goals and objectives of 

18 the approved management plan for the Heritage 

19 Area; 

20 (2) analyze the Federal, State, local, and pri21 vate investments in the Heritage Area to determine 

22 the leverage and impact of the investments; and 

23 (3) review the management structure, partner24 ship relationships, and funding of the Heritage Area 


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1 to identify the critical components for sustainability 

2 of the Heritage Area. 

3 (c) REPORT.— 

4 (1) IN GENERAL.—Based on the evaluation con5 ducted under subsection (a)(1), the Secretary shall 

6 prepare a report that includes recommendations for 

7 the future role of the National Park Service, if any, 

8 with respect to the Heritage Area. 

9 (2) REQUIRED ANALYSIS.—If the report pre10 pared under paragraph (1) recommends that Fed11 eral funding for the Heritage Area be reauthorized, 

12 the report shall include an analysis of— 

13 (A) ways in which Federal funding for the 

14 Heritage Area may be reduced or eliminated; 

15 and 

16 (B) the appropriate time period necessary 

17 to achieve the recommended reduction or elimi18 nation. 

19 (3) SUBMISSION TO CONGRESS.—On completion 

20 of the report, the Secretary shall submit the report 

21 to— 

22 (A) the Committee on Energy and Natural 

23 Resources of the Senate; and 

24 (B) the Committee on Natural Resources 

25 of the House of Representatives. 


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1 SEC. 9. FUNDING. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

3 authorized to be appropriated to carry out this Act 

4 $10,000,000, of which not more than $1,000,000 may be 

5 made available for any fiscal year. 

6 (b) COST-SHARING REQUIREMENT.—The Federal 

7 share of the cost of any activity carried out using any as8 sistance made available under this Act shall be 50 percent. 

9 SEC. 10. TERMINATION OF AUTHORITY. 

10 The authority of the Secretary to provide assistance 

11 under this Act terminates on the date that is 15 years 

12 after the date of enactment of this Act. 

13 SEC. 11. CONFORMING AMENDMENT. 

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

15 461 note; Public Law 104–323) is repealed. 

Æ 


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