Calendar No. 299

104TH CONGRESS

1ST SESSION S. 1500

A BILL

To establish the Cache La Poudre River National

and for other purposes.Water Heritage Area in the State of Colorado,

DECEMBER 22, 1995

Read the second time and placed on the calendar
II

Calendar No. 299

104TH CONGRESS

1ST SESSION S. 1500

To establish the Cache La Poudre River National Water Heritage Area

in the State of Colorado, and for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 21, 1995

Mr. BROWN introduced the following bill; which was read the first time

DECEMBER 22, 1995

Read the second time and placed on the calendar

A BILL

To establish the Cache La Poudre River National Water

Heritage Area in the State of Colorado, 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 Water Heritage Area Act’’.
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1 SEC. 2. PURPOSE.

2 The purpose of this Act is to designate the Cache

3 La Poudre River National Water Heritage Area within the

4 Cache La Poudre River Basin and to provide for the inter5 pretation, for the educational and inspirational benefit of

6 present and future generations, of the unique and signifi7 cant contributions to our national heritage of cultural and

8 historical lands, waterways, and structures within the

9 Area.

10 SEC. 3. DEFINITIONS.

11 As used in this Act:

12 (1) AREA.—The term ‘‘Area’’ means the Cache

13 La Poudre River National Water Heritage Area es14 tablished by section 4(a).

15 (2) COMMISSION.—The term ‘‘Commission’’

16 means the Cache La Poudre River National Water

17 Heritage Area Commission established by section

18 5(a).

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

20 the Governor of the State of Colorado.

21 (4) PLAN.—The term ‘‘Plan’’ means the water

22 heritage area interpretation plan prepared by the

23 Commission pursuant to section 9(a).

24 (5) POLITICAL SUBDIVISION OF THE STATE.—

25 The term ‘‘political subdivision of the State’’ means

26 a political subdivision of the State of Colorado, any
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1 part of which is located in or adjacent to the Area,

2 including a county, city, town, water conservancy

3 district, or special district.

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

5 the Secretary of the Interior.

6 SEC. 4. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER

7 NATIONAL WATER HERITAGE AREA.

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

9 State of Colorado the Cache La Poudre River National

10 Water Heritage Area.

11 (b) BOUNDARIES.—The boundaries of this Area shall

12 include those lands within the 100-year flood plain of the

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

14 the Cache La Poudre River flows out of the Roosevelt Na15 tional Forest and continuing east along said floodplain to

16 a point one quarter of one mile west of the confluence of

17 the Cache La Poudre River and the South Platte Rivers

18 in Weld County, Colorado, comprising less than 35,000

19 acres, and generally depicted as the 100-year flood bound20 ary on the Federal Flood Insurance maps listed below:

21 (1) FLOOD INSURANCE RATE MAP, LARIMER

22 COUNTY, CO.—Community-Panel No. 080101

23 0146B, April 2, 1979. United States Department of

24 Housing and Urban Development, Federal Insurance

25 Administration.
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1 (2) FLOOD INSURANCE RATE MAP, LARIMER

2 COUNTY, CO.—Community-Panel No. 080101

3 0147B, April 2, 1979. United States Department of

4 Housing and Urban Development, Federal Insurance

5 Administration.

6 (3) FLOOD INSURANCE RATE MAP, LARIMER

7 COUNTY, CO.—Community-Panel No. 080101

8 0162B, April 2, 1979. United States Department of

9 Housing and Urban Development, Federal Insurance

10 Administration.

11 (4) FLOOD INSURANCE RATE MAP, LARIMER

12 COUNTY, CO.—Community-Panel No. 080101

13 0163C, March 18, 1986. Federal Emergency Man14 agement Agency, Federal Insurance Administration.

15 (5) FLOOD INSURANCE RATE MAP, LARIMER

16 COUNTY, CO.—Community-Panel No. 080101

17 0178C, March 18, 1986. Federal Emergency Man18 agement Agency, Federal Insurance Administration.

19 (6) FLOOD INSURANCE RATE MAP, LARIMER

20 COUNTY, CO.—Community-Panel No. 080102

21 0002B, February 15, 1984. Federal Emergency

22 Management Agency, Federal Insurance Administra23 tion.

24 (7) FLOOD INSURANCE RATE MAP, LARIMER

25 COUNTY, CO.—Community-Panel No. 080101
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1 0179C, March 18, 1986. Federal Emergency Man2 agement Agency, Federal Insurance Administration.

3 (8) FLOOD INSURANCE RATE MAP, LARIMER

4 COUNTY, CO.—Community-Panel No. 080101

5 0193D, November 17, 1993. Federal Emergency

6 Management Agency, Federal Insurance Administra7 tion.

8 (9) FLOOD INSURANCE RATE MAP, LARIMER

9 COUNTY, CO.—Community-Panel No. 080101

10 0194D, November 17, 1993. Federal Emergency

11 Management Agency, Federal Insurance Administra12 tion.

13 (10) FLOOD INSURANCE RATE MAP, LARIMER

14 COUNTY, CO.—Community-Panel No. 080101

15 0208C, November 17, 1993. Federal Emergency

16 Management Agency, Federal Insurance Administra17 tion.

18 (11) FLOOD INSURANCE RATE MAP, LARIMER

19 COUNTY, CO.—Community-Panel No. 080101

20 0221C, November 17, 1993. Federal Emergency

21 Management Agency, Federal Insurance Administra22 tion.

23 (12) FLOOD INSURANCE RATE MAP, LARIMER

24 COUNTY, CO.—Community-Panel No. 080266

25 0605D, September 27, 1991. Federal Emergency
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1 Management Agency, Federal Insurance Administra2 tion.

3 (13) FLOOD INSURANCE RATE MAP, LARIMER

4 COUNTY, CO.—Community-Panel No. 080264

5 0005A, September 27, 1991. Federal Emergency

6 Management Agency, Federal Insurance Administra7 tion.

8 (14) FLOOD INSURANCE RATE MAP, LARIMER

9 COUNTY, CO.—Community-Panel No. 080266

10 0608D, September 27, 1991. Federal Emergency

11 Management Agency, Federal Insurance Administra12 tion.

13 (15) FLOOD INSURANCE RATE MAP, LARIMER

14 COUNTY, CO.—Community-Panel No. 080266

15 0609C, September 28, 1982. Federal Emergency

16 Management Agency, Federal Insurance Administra17 tion.

18 (16) FLOOD INSURANCE RATE MAP, LARIMER

19 COUNTY, CO.—Community-Panel No. 080266

20 0628C, September 28, 1982. Federal Emergency

21 Management Agency, Federal Insurance Administra22 tion.

23 (17) FLOOD INSURANCE RATE MAP, LARIMER

24 COUNTY, CO.—Community-Panel No. 080184

25 0002B, July 16, 1979. United States Department of
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1 Housing and Urban Development, Federal Insurance

2 Administration.

3 (18) FLOOD INSURANCE RATE MAP, LARIMER

4 COUNTY, CO.—Community-Panel No. 080266

5 0636C, September 28, 1982. Federal Emergency

6 Management Agency, Federal Insurance Administra7 tion.

8 (19) FLOOD INSURANCE RATE MAP, LARIMER

9 COUNTY, CO.—Community-Panel No. 080266

10 0637C, September 28, 1982. Federal Emergency

11 Management Agency, Federal Insurance Administra12 tion.

13 As soon as practicable after the date of enactment of this

14 Act, the Secretary shall publish in the Federal Register

15 a detailed description and map of the boundaries of the

16 Area.

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

18 file and available for public inspection in—

19 (1) the offices of the Department of the Inte20 rior in Washington, District of Columbia, and Den21 ver, Colorado; and

22 (2) local offices of the city of Fort Collins,

23 Larimer County, the city of Greeley, and Weld

24 County.
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1 SEC. 5. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER

2 NATIONAL WATER HERITAGE AREA COMMIS3 SION.

4 (a) ESTABLISHMENT.—

5 (1) IN GENERAL.—There is established the

6 Cache La Poudre River National Water Heritage

7 Area Commission.

8 (2) FUNCTION.—The Commission, in consulta9 tion with appropriate Federal, State, and local au10 thorities, shall develop and implement an integrated

11 plan to interpret elements of the history of water de12 velopment within the Area.

13 (b) MEMBERSHIP.—

14 (1) COMPOSITION.—The Commission shall be

15 composed of 15 members appointed not later than 6

16 months after the date of enactment of this Act. Of

17 these 15 members—

18 (A) 1 member shall be a representative of

19 the Secretary of the Interior which member

20 shall be an ex officio member;

21 (B) 1 member shall be a representative of

22 the Forest Service, appointed by the Secretary

23 of Agriculture, which member shall be an ex

24 officio member;
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1 (C) 3 members shall be recommended by

2 the Governor and appointed by the Secretary,

3 of whom—

4 (i) 1 member shall represent the

5 State;

6 (ii) 1 member shall represent Colo7 rado State University in Fort Collins; and

8 (iii) 1 member shall represent the

9 Northern Colorado Water Conservancy

10 District;

11 (D) 6 members shall be representatives of

12 local governments who are recommended by the

13 Governor and appointed by the Secretary, of

14 whom—

15 (i) 1 member shall represent the city

16 of Fort Collins;

17 (ii) 2 members shall represent

18 Larimer County, 1 of which shall represent

19 agriculture or irrigated water interests;

20 (iii) 1 member shall represent the city

21 of Greeley;

22 (iv) 2 members shall represent Weld

23 County, 1 of which shall represent agricul24 tural or irrigated water interests; and
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1 (v) 1 member shall represent the city

2 of Loveland; and

3 (E) 3 members shall be recommended by

4 the Governor and appointed by the Secretary,

5 and shall—

6 (i) represent the general public;

7 (ii) be citizens of the State; and

8 (iii) reside within the Area.

9 (2) CHAIRPERSON.—The chairperson of the

10 Commission shall be elected by the members of the

11 Commission from among members appointed under

12 subparagraph (C), (D), or (E) of paragraph (1). The

13 chairperson shall be elected for a 2-year term.

14 (3) VACANCIES.—A vacancy on the Commission

15 shall be filled in the same manner in which the origi16 nal appointment was made.

17 (c) TERMS OF SERVICE.—

18 (1) IN GENERAL.—Except as provided in para19 graphs (2) and (3), each member of the Commission

20 shall be appointed for a term of 3 years and may be

21 reappointed.

22 (2) INITIAL MEMBERS.—The initial members of

23 the Commission first appointed under subsection

24 (b)(1) shall be appointed as follows:
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1 (A) 3-YEAR TERMS.—The following initial

2 members shall serve for a 3-year term:

3 (i) The representative of the Secretary

4 of the Interior.

5 (ii) 1 representative of Weld County.

6 (iii) 1 representative of Larimer

7 County.

8 (iv) 1 representative of the city of

9 Loveland.

10 (v) 1 representative of the general

11 public.

12 (B) 2-YEAR TERMS.—The following initial

13 members shall serve for a 2-year term:

14 (i) The representative of the Forest

15 Service.

16 (ii) The representative of the State.

17 (iii) The representative of Colorado

18 State University.

19 (iv) The representative of the North20 ern Colorado Water Conservancy District.

21 (C) 1-YEAR TERMS.—The following initial mem22 bers shall serve for a 1-year term:

23 (i) 1 representative of the city of Fort

24 Collins.
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1 (ii) 1 representative of Larimer Coun2 ty.

3 (iii) 1 representative of the city of

4 Greeley.

5 (iv) 1 representative of Weld County.

6 (v) 1 representative of the general

7 public.

8 (3) PARTIAL TERMS.—

9 (A) FILLING VACANCIES.—A member of

10 the Commission appointed to fill a vacancy oc11 curring before the expiration of the term for

12 which a predecessor was appointed shall be ap13 pointed only for the remainder of their term.

14 (B) EXTENDED SERVICE.—A member of

15 the Commission may serve after the expiration

16 of that member’s term until a successor has

17 taken office.

18 (d) COMPENSATION.—Members of the Commission

19 shall receive no compensation for their service on the Com20 mission.

21 (e) TRAVEL EXPENSES.—While away from their

22 homes or regular places of business in the performance

23 of services for the Commission, members shall be allowed

24 travel expenses, including per diem in lieu of subsistence,

25 in the same manner as persons employed intermittently
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1 in the Government service are allowed expenses under sec2 tion 5703 of title 5, United States Code.

3 SEC. 6. STAFF OF THE COMMISSION.

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

5 to appoint and fix the compensation of such staff as may

6 be necessary to carry out the duties of the Commission.

7 (1) APPOINTMENT AND COMPENSATION.—Staff

8 appointed by the Commission—

9 (A) shall be appointed without regard to

10 the city service laws and regulations; and

11 (B) shall be compensated without regard

12 to the provisions of chapter 51 and subchapter

13 III of chapter 53 of title 5, United States Code,

14 relating to classification of positions and Gen15 eral Schedule pay rates.

16 (b) EXPERTS AND CONSULTANTS.—Subject to such

17 rules as may be adopted by the Commission, the Commis18 sion may procure temporary and intermittent services to

19 the same extent as is authorized by section 3109(b) of title

20 5, United States Code, at rates for individuals that do not

21 exceed the daily equivalent of the annual rate of basic pay

22 prescribed for level V of the Executive Schedule under sec23 tion 5316 of such title.

24 (c) STAFF OF OTHER AGENCIES.—
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1 (1) FEDERAL.—Upon request of the Commis2 sion, the head of a Federal agency may detail, on a

3 reimbursement basis, any of the personnel of the

4 agency to the Commission to assist the Commission

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

6 shall be without interruption or loss of civil service

7 status or privilege.

8 (2) ADMINISTRATIVE SUPPORT SERVICES.—The

9 Administrator of the General Services Administra10 tion shall provide to the Commission, on a reimburs11 able basis, such administrative support services as

12 the Commission may request.

13 (3) STATE.—The Commission may—

14 (A) accept the service of personnel detailed

15 from the State, State agencies, and political

16 subdivisions of the State; and

17 (B) reimburse the State, State agency, or

18 political subdivision of the State for such serv19 ices.

20 SEC. 7. POWERS OF THE COMMISSION.

21 (a) HEARINGS.—

22 (1) IN GENERAL.—The Commission may hold

23 such hearings, sit and act at such times and places,

24 take such testimony, and receive such evidence as
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1 the Commission considers necessary to carry out this

2 Act.

3 (2) SUBPOENAS.—The Commission may not

4 issue subpoenas or exercise any subpoena authority.

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

6 States mails in the same manner and under the same con7 ditions as other departments and agencies of the Federal

8 Government.

9 (c) MATCHING FUNDS.—The Commission may use

10 its funds to obtain money from any source under a pro11 gram or law requiring the recipient of the money to make

12 a contribution in order to receive the money.

13 (d) GIFTS.—

14 (1) IN GENERAL.—Except as provided in sub15 section (e)(3), the Commission may, for the purpose

16 of carrying out its duties, seek, accept, and dispose

17 of gifts, bequests, or donations of money, personal

18 property, or services received from any source.

19 (2) CHARITABLE CONTRIBUTIONS.—For the

20 purpose of section 170(c) of the Internal Revenue

21 Code of 1986, a gift to the Commission shall be

22 deemed to be a gift to the United States.

23 (e) REAL PROPERTY.—

24 (1) IN GENERAL.—Except as provided in para25 graph (2) and except with respect to a leasing of fa-
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1 cilities under section 6(c)(2), the Commission may

2 not acquire real property or an interest in real prop3 erty.

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

5 Commission may acquire real property in the Area,

6 and interests in real property in the Area—

7 (A) by gift or devise;

8 (B) by purchase from a willing seller with

9 money that was given or bequeathed to the

10 Commission; or

11 (C) by exchange.

12 (3) CONVEYANCE TO PUBLIC AGENCIES.—Any

13 real property or interest in real property acquired by

14 the Commission under paragraph (2) shall be con15 veyed by the Commission to an appropriate non-Fed16 eral public agency, as determined by the Commis17 sion. The conveyance shall be made—

18 (A) as soon as practicable after acquisi19 tion;

20 (B) without consideration; and

21 (C) on the condition that the real property

22 or interest in real property so conveyed is used

23 in furtherance of the purpose for which the

24 Area is established.
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1 (f) COOPERATIVE AGREEMENTS.—For the purpose of

2 carrying out the Plan, the Commission may enter into co3 operative agreements with Federal agencies, State agen4 cies, political subdivisions of the State, and persons. Any

5 such cooperative agreement shall, at a minimum, establish

6 procedures for providing notice to the Commission of any

7 action that may affect the implementation of the Plan.

8 (g) ADVISORY GROUPS.—The Commission may es9 tablish such advisory groups as it considers necessary to

10 ensure open communication with, and assistance from

11 Federal agencies, State agencies, political subdivisions of

12 the State, and interested persons.

13 (h) MODIFICATION OF PLANS.—

14 (1) IN GENERAL.—The Commission may mod15 ify the Plan if the Commission determines that such

16 modification is necessary to carry out this Act.

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

18 until—

19 (A) any Federal agency, State agency, or

20 political subdivision of the State that may be

21 affected by the modification receives adequate

22 notice of, and an opportunity to comment on,

23 the modification;
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1 (B) if the modification is significant, as de2 termined by the Commission, the Commission

3 has—

4 (i) provided adequate notice of the

5 modification by publication in the area of

6 the Area; and

7 (ii) conducted a public hearing with

8 respect to the modification; and

9 (C) the Governor has approved the modi10 fication.

11 SEC. 8. DUTIES OF THE COMMISSION.

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

13 approval for, implement, and support the Plan in accord14 ance with section 9.

15 (b) MEETINGS.—

16 (1) TIMING.—

17 (A) INITIAL MEETING.—The Commission

18 shall hold its first meeting not later than 90

19 days after the date on which its last initial

20 member is appointed.

21 (B) SUBSEQUENT MEETINGS.—After the

22 initial meeting, the Commission shall meet at

23 the call of the chairperson or 7 of its members,

24 except that the Commission shall meet at least

25 quarterly.
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1 (2) QUORUM.—Ten members of the Commis2 sion shall constitute a quorum, but a lesser number

3 of members may hold hearings.

4 (3) BUDGET.—The affirmative vote of not less

5 than 10 members of the Commission shall be re6 quired to approve the budget of the Commission.

7 (c) ANNUAL REPORTS.—Not later than May 15 of

8 each year, following the year in which the members of the

9 Commission have been appointed, the Commission shall

10 publish and submit, to the Secretary and to the Governor,

11 an annual report concerning the Commission’s activities.

12 SEC. 9. PREPARATION, REVIEW, AND IMPLEMENTATION OF

13 THE PLAN.

14 (a) PREPARATION OF PLAN.—

15 (1) IN GENERAL.—Not later than 2 years after

16 the Commission conducts its first meeting, the Com17 mission shall submit to the Governor a Water Herit18 age Area Interpretation Plan.

19 (2) DEVELOPMENT.—In developing the Plan,

20 the Commission shall—

21 (A) consult on a regular basis with appro22 priate officials of any Federal or State agency,

23 political subdivision of the State, and local gov24 ernment that has jurisdiction over or an owner-
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1 ship interest in land, water, or water rights

2 within the Area; and

3 (B) conduct public hearings within the

4 Area for the purpose of providing interested

5 persons the opportunity to testify about matters

6 to be addressed by the Plan.

7 (3) RELATIONSHIP TO EXISTING PLANS.—The

8 Plan—

9 (A) shall recognize any existing Federal,

10 State, and local plans;

11 (B) shall not interfere with the implemen12 tation, administration, or amendment of such

13 plans; and

14 (C) to the extent feasible, shall seek to co15 ordinate the plans and present a unified inter16 pretation plan for the Area.

17 (b) REVIEW OF PLAN.—

18 (1) IN GENERAL.—The Commission shall sub19 mit the Plan to the Governor for his review.

20 (2) GOVERNOR.—The Governor may review the

21 Plan and if he concurs in the Plan, may submit the

22 Plan to the Secretary, together with any rec23 ommendations.

24 (3) SECRETARY.—The Secretary shall approve

25 or disapprove the Plan within 90 days. In reviewing
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1 the Plan, the Secretary shall consider the adequacy

2 of—

3 (A) public participation; and

4 (B) the Plan in interpreting, for the edu5 cational and inspirational benefit of present and

6 future generations, the unique and significant

7 contributions to our national heritage of cul8 tural and historical lands, waterways, and

9 structures within the Area.

10 (c) DISAPPROVAL OF PLAN.—

11 (1) NOTIFICATION BY SECRETARY.—If the Sec12 retary disapproves the Plan, the Secretary shall, not

13 later than 60 days after the date of disapproval, ad14 vise the Governor and the Commission of the rea15 sons for disapproval, together with recommendations

16 for revision.

17 (2) REVISION AND RESUBMISSION TO GOV18 ERNOR.—Not later than 90 days after receipt of the

19 notice of disapproval, the Commission shall revise

20 and resubmit the Plan to the Governor for review.

21 (3) RESUBMISSION TO SECRETARY.—If the

22 Governor concurs in the revised Plan, he may sub23 mit the revised Plan to the Secretary who shall ap24 prove or disapprove the revision within 60 days. If

25 the Governor does not concur in the revised Plan, he
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1 may resubmit it to the Commission together with his

2 recommendations for further consideration and

3 modification.

4 (d) IMPEMENTATION OF PLAN.—After approval by

5 the Secretary, the Commission shall implement and sup6 port the Plan as follows:

7 (1) CULTURAL RESOURCES.—

8 (A) IN GENERAL.—The Commission shall

9 assist Federal agencies, State agencies, political

10 subdivisions of the State, and nonprofit organi11 zations in the conservation and interpretation of

12 cultural resources within the Area.

13 (B) EXCEPTION.—In providing the assist14 ance, the Commission shall in no way infringe

15 upon the authorities and policies of a Federal

16 agency, State agency, or political subdivision of

17 the State concerning the administration and

18 management of property, water, or water rights

19 held by such agency, political subdivision, or

20 private persons or entities, or affect the juris21 diction of the State of Colorado over any prop22 erty, water, or water rights within the Area.

23 (2) PUBLIC AWARENESS.—The Commission

24 shall assist in the enhancement of public awareness

25 of, and appreciation for, the historical, recreational,
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1 architectural, and engineering structures in the

2 Area, and the archeological, geological, and cultural

3 resources and sites in the Area—

4 (A) by encouraging private owners of iden5 tified structures, sites, and resources to adopt

6 voluntary measures for the preservation of the

7 identified structure, site, or resource; and

8 (B) by cooperating with Federal agencies,

9 State agencies, and political subdivisions of the

10 State in acquiring, on a willing seller basis, any

11 identified structure, site, or resource which the

12 Commission, with the concurrence of the Gov13 ernor, determines should be acquired and held

14 by an agency of the State.

15 (3) RESTORATION.—The Commission may as16 sist Federal agencies, State agencies, political sub17 divisions of the State, and nonprofit organizations in

18 the restoration of any identified structure or site in

19 the Area with consent of the owner. The assistance

20 may include providing technical assistance for his21 toric preservation, revitalization, and enhancement

22 efforts.

23 (4) INTERPRETATION.—The Commission shall

24 assist in the interpretation of the historical, present,

25 and future uses of the Area—
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1 (A) by consulting with the Secretary with

2 respect to the implementation of the Secretary’s

3 duties under section 11;

4 (B) by assisting the State and political

5 subdivisions of the State in establishing and

6 maintaining visitor orientation centers and

7 other interpretive exhibits within the Area;

8 (C) by encouraging voluntary cooperation

9 and coordination, with respect to ongoing inter10 pretive services in the Area, among Federal

11 agencies, State agencies, political subdivisions

12 of the State, nonprofit organizations, and pri13 vate citizens, and

14 (D) by encouraging Federal agencies,

15 State agencies, political subdivisions of the

16 State, and nonprofit organizations to undertake

17 new interpretive initiatives with respect to the

18 Area.

19 (5) RECOGNITION.—The Commission shall as20 sist in establishing recognition for the Area by ac21 tively promoting the cultural, historical, natural, and

22 recreational resources of the Area on a community,

23 regional, statewide, national, and international basis.

24 (6) LAND EXCHANGES.—The Commission shall

25 assist in identifying and implementing land ex-
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1 changes within the State of Colorado by Federal and

2 State agencies that will expand open space and rec3 reational opportunities within the flood plain of the

4 Area.

5 SEC. 10. TERMINATION OF TRAVEL EXPENSES PROVISION.

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

7 on which the Secretary approves the Plan, section 5 is

8 amended by striking subsection (e).

9 SEC. 11. DUTIES OF THE SECRETARY.

10 (a) ACQUISITION OF LAND.—The Secretary may ac11 quire land and interests in land within the Area that have

12 been specifically identified by the Commission for acquisi13 tion by the Federal government and that have been ap14 proved for such acquisition by the Governor and the politi15 cal subdivision of the State where the land is located by

16 donation, purchase with donated or appropriated funds,

17 or exchange. Acquisition authority may only be used if

18 such lands cannot be acquired by donation or exchange.

19 No land or interest in land may be acquired without the

20 consent of the owner.

21 (b) TECHNICAL ASSISTANCE.—The Secretary shall,

22 upon the request of the Commission, provide technical as23 sistance to the Commission in the preparation and imple24 mentation of the Plan pursuant to section 9.
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1 (c) DETAIL.—Each fiscal year during the existence

2 of the Commission, the Secretary shall detail to the Com3 mission, on a nonreimbursable basis, 2 employees of the

4 Department of the Interior to enable the Commission to

5 carry out the Commission’s duties under section 8.

6 SEC. 12. OTHER FEDERAL ENTITIES.

7 (a) DUTIES.—Subject to section 13, a Federal entity

8 conducting or supporting activities directly affecting the

9 flow of the Cache La Poudre River through the Area, or

10 the natural resources of the Area shall consult with the

11 Commission with respect to such activities;

12 (b) AUTHORIZATION.—

13 (1) IN GENERAL.—The Secretary or Adminis14 trator of a Federal agency may acquire land in the

15 flood plain of the Area by exchange for other lands

16 within such agency’s jurisdiction within the State of

17 Colorado, based on fair market value: Provided,

18 That such lands have been identified by the Com19 mission for acquisition by a Federal agency and the

20 Governor and the political subdivision of the State

21 or the owner where the lands are located concur in

22 the exchange. Land so acquired shall be used to ful23 fill the purpose for which the Area is established.

24 (2) AUTHORIZATION TO CONVEY PROPERTY.—

25 The first sentence of section 203(k)(3) of the Fed-
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1 eral Property and Administrative Services Act of

2 1949 (40 U.S.C. 484(k)(3)) is amended by striking

3 ‘‘historic monument, for the benefit of the public’’

4 and inserting ‘‘historic monument or any such prop5 erty within the State of Colorado for the Cache La

6 Poudre River National Water Heritage Area, for the

7 benefit of the public’’.

8 SEC. 13. EFFECT ON ENVIRONMENTAL AND OTHER STAND9 ARDS, RESTRICTIONS, AND SAVINGS PROVI10 SIONS.

11 (a) EFFECT ON ENVIRONMENTAL AND OTHER

12 STANDARDS.—

13 (1) VOLUNTARY COOPERATION.—In carrying

14 out this Act, the Commission and Secretary shall

15 emphasize voluntary cooperation.

16 (2) RULES, REGULATIONS, STANDARDS, AND

17 PERMIT PROCESSES.—Nothing in this Act shall be

18 considered to impose or form the basis for imposi19 tion of any environmental, occupational, safety, or

20 other rule, regulation, standard, or permit process

21 that is different from those that would be applicable

22 had the Area not been established.

23 (3) ENVIRONMENTAL QUALITY STANDARDS.—

24 Nothing in this Act shall be considered to impose

25 the application or administration of any Federal or
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1 State environmental quality standard that is dif2 ferent from those that will be applicable had the

3 Area not been established.

4 (4) WATER STANDARDS.—Nothing in this Act

5 shall be considered to impose any Federal or State

6 water use designation or water quality standard

7 upon uses of, or discharges to, waters of the State

8 or waters of the United States, within or adjacent

9 to the Area, that is more restrictive than those that

10 would be applicable had the Area not been estab11 lished.

12 (5) PERMITTING OF FACILITIES.—Nothing in

13 the establishment of the Area shall abridge, restrict,

14 or alter any applicable rule, regulation, standard, or

15 review procedure for permitting of facilities within or

16 adjacent to the Area.

17 (6) WATER FACILITIES.—Nothing in the estab18 lishment of the Area shall affect the continuing use

19 and operation, repair, rehabilitation, expansion, or

20 new construction of water supply facilities, water

21 and wastewater treatment facilities, stormwater fa22 cilities, public utilities, and common carriers.

23 (7) WATER AND WATER RIGHTS.—Nothing in

24 the establishment of the Area shall be considered to
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1 authorize or imply the reservation or appropriation

2 of water or water rights for any purpose.

3 (b) RESTRICTIONS ON COMMISSION AND SEC4 RETARY.—Nothing in this Act shall be construed to vest

5 in the Commission or the Secretary the authority to—

6 (1) require a Federal agency, State agency, po7 litical subdivision of the State, or private person (in8 cluding an owner of private property) to participate

9 in a project or program carried out by the Commis10 sion or the Secretary under the Act;

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

12 judicial proceeding concerning the application or en13 forcement of a regulatory authority of a Federal

14 agency, State agency, or political subdivision of the

15 State, including, but not limited to, authority relat16 ing to—

17 (A) land use regulation;

18 (B) environmental quality;

19 (C) licensing;

20 (D) permitting;

21 (E) easements;

22 (F) private land development; or

23 (G) other occupational or access issue;
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1 (3) establish or modify a regulatory authority of

2 a Federal agency, State agency, or political subdivi3 sion of the State, including authority relating to—

4 (A) land use regulation;

5 (B) environmental quality; or

6 (C) pipeline or utility crossings;

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

8 agency, or political subdivision of the State;

9 (5) attest in any manner the authority and ju10 risdiction of the State with respect to the acquisition

11 of lands or water, or interest in lands or water;

12 (6) vest authority to reserve or appropriate

13 water or water rights in any entity for any purpose;

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

15 repair, rehabilitation, or expansion of water facili16 ties, including stormwater, water, and wastewater

17 treatment facilities; or

18 (8) deny, condition, or restrict the exercise of

19 water rights in accordance with the substantive and

20 procedural requirements of the laws of the State.

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

22 diminish, enlarge, or modify a right of a Federal agency,

23 State agency, or political subdivision of the State—

24 (1) to exercise civil and criminal jurisdiction

25 within the Area; or
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1 (2) to tax persons, corporations, franchises, or

2 property, including minerals and other interests in

3 or on lands or waters within the urban river corridor

4 portions of the Area.

5 (d) ACCESS TO PRIVATE PROPERTY.—Nothing in

6 this Act requires an owner of private property to allow

7 access to the property by the public.

8 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

9 (a) IN GENERAL.—There are authorized to be appro10 priated not to exceed $50,000 to the Commission to carry

11 out this Act.

12 (b) MATCHING FUNDS.—Funds may be made avail13 able pursuant to this section only to the extent they are

14 matched by equivalent funds or in-kind contributions of

15 services or materials from non-Federal sources.

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