104TH CONGRESS

2D SESSION S. 342

AN ACT

To establish the Cache La Poudre River Corridor.

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

3 SEC. 100. SHORT TITLE.

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

5 Corridor Act’’.
2

S 342 ES

1 SEC. 101. PURPOSE.

2 The purpose of this Act is to designate the Cache

3 La Poudre Corridor within the Cache La Poudre River

4 Basin and to provide for the interpretation, for the edu5 cational and inspirational benefit of present and future

6 generations, of the unique and significant contributions to

7 our national heritage of cultural and historical lands, wa8 terways, and structures within the Corridor.

9 SEC. 102. DEFINITIONS.

10 In this Act:

11 (1) COMMISSION.—The term ‘‘Commission’’

12 means the Cache La Poudre Corridor Commission

13 established by section 104(a).

14 (2) CORRIDOR.—The term ‘‘Corridor’’ means

15 the Cache La Poudre Corridor established by section

16 103(a).

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

18 the Governor of the State of Colorado.

19 (4) PLAN.—The term ‘‘Plan’’ means the cor20 ridor interpretation plan prepared by the Commis21 sion pursuant to section 108(a).

22 (5) POLITICAL SUBDIVISION OF THE STATE.—

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

24 a political subdivision of the State of Colorado, any

25 part of which is located in or adjacent to the Cor-
3

S 342 ES

1 ridor, including a county, city, town, water conser2 vancy district, or special district.

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

4 the Secretary of the Interior.

5 SEC. 103. ESTABLISHMENT OF THE CACHE LA POUDRE

6 CORRIDOR.

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

8 State of Colorado the Cache La Poudre Corridor.

9 (b) BOUNDARIES.—The boundaries of the Corridor

10 shall include the lands within the 100-year flood plain of

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

12 where the Cache La Poudre River flows out of the Roo13 sevelt National Forest and continuing east along the floodplain to a point 1 14 ⁄4 mile west of the confluence of the

15 Cache La Poudre River and the South Platte Rivers in

16 Weld County, Colorado, comprising less than 35,000

17 acres, and generally depicted as the 100-year flood bound18 ary on the Federal Flood Insurance maps listed below:

19 (1) FLOOD INSURANCE RATE MAP, LARIMER

20 COUNTY, COLORADO.—Community-Panel No.

21 080101 0146B, April 2, 1979. United States De22 partment of Housing and Urban Development, Fed23 eral Insurance Administration.

24 (2) FLOOD INSURANCE RATE MAP, LARIMER

25 COUNTY, COLORADO.—Community-Panel No.
4

S 342 ES

1 080101 0147B, April 2, 1979. United States De2 partment of Housing and Urban Development, Fed3 eral Insurance Administration.

4 (3) FLOOD INSURANCE RATE MAP, LARIMER

5 COUNTY, COLORADO.—Community-Panel No.

6 080101 0162B, April 2, 1979. United States De7 partment of Housing and Urban Development, Fed8 eral Insurance Administration.

9 (4) FLOOD INSURANCE RATE MAP, LARIMER

10 COUNTY, COLORADO.—Community-Panel No.

11 080101 0163C, March 18, 1986. Federal Emer12 gency Management Agency, Federal Insurance Ad13 ministration.

14 (5) FLOOD INSURANCE RATE MAP, LARIMER

15 COUNTY, COLORADO.—Community-Panel No.

16 080101 0178C, March 18, 1986. Federal Emer17 gency Management Agency, Federal Insurance Ad18 ministration.

19 (6) FLOOD INSURANCE RATE MAP, LARIMER

20 COUNTY, COLORADO.—Community-Panel No.

21 080102 0002B, February 15, 1984. Federal Emer22 gency Management Agency, Federal Insurance Ad23 ministration.

24 (7) FLOOD INSURANCE RATE MAP, LARIMER

25 COUNTY, COLORADO.—Community-Panel No.
5

S 342 ES

1 080101 0179C, March 18, 1986. Federal Emer2 gency Management Agency, Federal Insurance Ad3 ministration.

4 (8) FLOOD INSURANCE RATE MAP, LARIMER

5 COUNTY, COLORADO.—Community-Panel No.

6 080101 0193D, November 17, 1993. Federal Emer7 gency Management Agency, Federal Insurance Ad8 ministration.

9 (9) FLOOD INSURANCE RATE MAP, LARIMER

10 COUNTY, COLORADO.—Community-Panel No.

11 080101 0194D, November 17, 1993. Federal Emer12 gency Management Agency, Federal Insurance Ad13 ministration.

14 (10) FLOOD INSURANCE RATE MAP, LARIMER

15 COUNTY, COLORADO.—Community-Panel No.

16 080101 0208C, November 17, 1993. Federal Emer17 gency Management Agency, Federal Insurance Ad18 ministration.

19 (11) FLOOD INSURANCE RATE MAP, LARIMER

20 COUNTY, COLORADO.—Community-Panel No.

21 080101 0221C, November 17, 1993. Federal Emer22 gency Management Agency, Federal Insurance Ad23 ministration.

24 (12) FLOOD INSURANCE RATE MAP, LARIMER

25 COUNTY, COLORADO.—Community-Panel No.
6

S 342 ES

1 080266 0605D, September 27, 1991. Federal Emer2 gency Management Agency, Federal Insurance Ad3 ministration.

4 (13) FLOOD INSURANCE RATE MAP, LARIMER

5 COUNTY, COLORADO.—Community-Panel No.

6 080264 0005A, September 27, 1991. Federal Emer7 gency Management Agency, Federal Insurance Ad8 ministration.

9 (14) FLOOD INSURANCE RATE MAP, LARIMER

10 COUNTY, COLORADO.—Community-Panel No.

11 080266 0608D, September 27, 1991. Federal Emer12 gency Management Agency, Federal Insurance Ad13 ministration.

14 (15) FLOOD INSURANCE RATE MAP, LARIMER

15 COUNTY, COLORADO.—Community-Panel No.

16 080266 0609C, September 28, 1982. Federal Emer17 gency Management Agency, Federal Insurance Ad18 ministration.

19 (16) FLOOD INSURANCE RATE MAP, LARIMER

20 COUNTY, COLORADO.—Community-Panel No.

21 080266 0628C, September 28, 1982. Federal Emer22 gency Management Agency, Federal Insurance Ad23 ministration.

24 (17) FLOOD INSURANCE RATE MAP, LARIMER

25 COUNTY, COLORADO.—Community-Panel No.
7

S 342 ES

1 080184 0002B, July 16, 1979. United States De2 partment of Housing and Urban Development, Fed3 eral Insurance Administration.

4 (18) FLOOD INSURANCE RATE MAP, LARIMER

5 COUNTY, COLORADO.—Community-Panel No.

6 080266 0636C, September 28, 1982. Federal Emer7 gency Management Agency, Federal Insurance Ad8 ministration.

9 (19) FLOOD INSURANCE RATE MAP, LARIMER

10 COUNTY, COLORADO.—Community-Panel No.

11 080266 0637C, September 28, 1982. Federal Emer12 gency Management Agency, Federal Insurance Ad13 ministration.

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

15 Act, the Secretary shall publish in the Federal Register

16 a detailed description and map of the boundaries of the

17 Corridor.

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

19 on file and available for public inspection in—

20 (1) the offices of the Department of the Inte21 rior in Washington, District of Columbia, and Den22 ver, Colorado; and

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

24 Larimer Country, the city of Greeley, and Weld

25 County.
8

S 342 ES

1 SEC. 104. ESTABLISHMENT OF THE CACHE LA POUDRE

2 CORRIDOR COMMISSION.

3 (a) CACHE LA POUDRE CORRIDOR COMMISSION.—

4 (1) IN GENERAL.—Upon the recommendation

5 of the Governor, the Secretary is authorized to rec6 ognize, for the purpose of developing and implement7 ing the plan referred to in subsection (g)(1), the

8 Cache La Poudre Corridor Commission, as such

9 Commission may be established by the State of Colo10 rado or its political subdivisions.

11 (2) REFLECTION OF CROSS-SECTION OF INTER12 ESTS.—The Secretary may provide recognition

13 under paragraph (1) only if the Commission reflects

14 the following:

15 (A) MEMBERSHIP.—

16 (i) COMPOSITION.—The Commission

17 shall be composed of 15 members ap18 pointed not later than 6 months after the

19 date of enactment of this Act. Of these 15

20 members—

21 (I) 1 member shall be a rep22 resentative of the Secretary of the In23 terior which member shall be an ex

24 officio member;

25 (II) 1 member shall be a rep26 resentative of the Forest Service, ap-
9

S 342 ES

1 pointed by the Secretary of Agri2 culture, which member shall be an ex

3 officio member;

4 (III) 3 members shall be rec5 ommended by the Governor and ap6 pointed by the Secretary, of whom—

7 (aa) 1 member shall rep8 resent the State;

9 (bb) 1 member shall rep10 resent Colorado State University

11 in Fort Collins; and

12 (cc) 1 member shall rep13 resent the Northern Colorado

14 Water Conservancy District;

15 (IV) 6 members shall be rep16 resentatives of local governments who

17 are recommended by the Governor

18 and appointed by the Secretary, of

19 whom—

20 (aa) 1 member shall rep21 resent the city of Fort Collins;

22 (bb) 2 members shall rep23 resent Larimer County, 1 of

24 which shall represent agriculture

25 or irrigated water interests;
10

S 342 ES

1 (cc) 1 member shall rep2 resent the city of Greeley;

3 (dd) 2 members shall rep4 resent Weld County, 1 of which

5 shall represent agricultural or ir6 rigated water interests; and

7 (ee) 1 member shall rep8 resent the city of Loveland; and

9 (V) 3 members shall be rec10 ommended by the Governor and ap11 pointed by the Secretary, and shall—

12 (aa) represent the general

13 public;

14 (bb) be citizens of the State;

15 and

16 (cc) reside within the Cor17 ridor.

18 (ii) CHAIRPERSON.—The chairperson

19 of the Commission shall be elected by the

20 members of the Commission from among

21 members appointed under subclause (III),

22 (IV), or (V) of clause (i). The chairperson

23 shall be elected for a 2-year term.

24 (iii) VACANCIES.—A vacancy on the

25 Commission shall be filled in the same
11

S 342 ES

1 manner in which the original appointment

2 was made.

3 (B) TERMS OF SERVICE.—

4 (i) IN GENERAL.—Except as provided

5 in clause (ii) and (iii), each member of the

6 Commission shall be appointed for a term

7 of 3 years and may be reappointed.

8 (ii) INITIAL MEMBERS.—The initial

9 members of the Commission first ap10 pointed under subparagraph (A)(i) shall be

11 appointed as follows:

12 (I) 3-YEAR TERMS.—The follow13 ing initial members shall serve for a

14 3-year term:

15 (aa) The representative of

16 the Secretary of the Interior.

17 (bb) 1 representative of

18 Weld County.

19 (cc) 1 representative of

20 Larimer County.

21 (dd) 1 representative of the

22 city of Loveland.

23 (ee) 1 representative of the

24 general public.
12

S 342 ES

1 (II) 2-YEAR TERMS.—The follow2 ing initial members shall serve for a

3 2-year term:

4 (aa) The representative of

5 the Forest Service.

6 (bb) The representative of

7 the State.

8 (cc) The representative of

9 Colorado State University.

10 (dd) The representative of

11 the Northern Colorado Water

12 Conservancy District.

13 (III) 1-YEAR TERMS.—The fol14 lowing initial members shall serve for

15 a 1-year term:

16 (aa) 1 representative of the

17 city of Fort Collins.

18 (bb) 1 representative of

19 Larimer County.

20 (cc) 1 representative of the

21 city of Greeley.

22 (dd) 1 representative of

23 Weld County.

24 (ee) 1 representative of the

25 general public.
13

S 342 ES

1 (iii) PARTIAL TERMS.—

2 (I) FILLING VACANCIES.—A

3 member of the Commission appointed

4 to fill a vacancy occurring before the

5 expiration of the term for which a

6 predecessor was appointed shall be ap7 pointed only for the remainder of the

8 member’s term.

9 (II) EXTENDED SERVICE.—A

10 member of the Commission may serve

11 after the expiration of that member’s

12 term until a successor has taken of13 fice.

14 (C) COMPENSATION.—Members of the

15 Commission shall receive no compensation for

16 their service on the Commission.

17 (D) TRAVEL EXPENSES.—While away

18 from their homes or regular places of business

19 in the performance of services for the Commis20 sion, members shall be allowed travel expenses,

21 including per diem in lieu of subsistence, in the

22 same manner as persons employed intermit23 tently in the Government service are allowed ex24 penses under section 5703 of title 5, United

25 States Code.
14

S 342 ES

1 SEC. 105. STAFF OF THE COMMISSION.

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

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

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

5 (1) APPOINTMENT AND COMPENSATION.—Staff

6 appointed by the Commission—

7 (A) shall be appointed without regard to

8 the civil service laws (including regulations);

9 and

10 (B) shall be compensated without regard

11 to the provisions of chapter 51 and subchapter

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

13 relating to classification of positions and Gen14 eral Schedule pay rates.

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

16 rules as may be adopted by the Commission, the Commis17 sion may procure temporary and intermittent services to

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

19 5, United States Code, at rates for individuals that do not

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

21 prescribed for level V of the Executive Schedule under sec22 tion 5316 of that title.

23 (c) STAFF OF OTHER AGENCIES.—

24 (1) FEDERAL.—Upon request of the Commis25 sion, the head of a Federal agency may detail, on a

26 reimbursement basis, any of the personnel of the
15

S 342 ES

1 agency to the Commission to assist the Commission

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

3 shall be without interruption or loss of civil service

4 status or privilege.

5 (2) ADMINISTRATIVE SUPPORT SERVICES.—The

6 Administrator of the General Services Administra7 tion shall provide to the Commission, on a reimburs8 able basis, such administrative support services as

9 the Commission may request.

10 (3) STATE.—The Commission may—

11 (A) accept the service of personnel detailed

12 from the State, State agencies, and political

13 subdivisions of the State; and

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

15 political subdivision of the State for such serv16 ices.

17 SEC. 106. POWERS OF THE COMMISSION.

18 (a) HEARINGS.—

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

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

21 take such testimony, and receive such evidence as

22 the Commission considers necessary to carry out this

23 title.

24 (2) SUBPOENAS.—The Commission may not

25 issue subpoenas or exercise any subpoena authority.
16

S 342 ES

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

2 States mails in the same manner and under the same con3 ditions as other departments and agencies of the Federal

4 Government.

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

6 its funds to obtain money from any source under a pro7 gram or law requiring the recipient of the money to make

8 a contribution in order to receive the money.

9 (d) GIFTS.—Except as provided in subsection (e)(3),

10 the Commission may, for the purpose of carrying out its

11 duties, seek, accept, and dispose of gifts, bequests, or do12 nations of money, personal property, or services received

13 from any source.

14 (e) REAL PROPERTY.—

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the Commission may not acquire real

17 property or an interest in real property.

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

19 Commission may acquire real property in the Cor20 ridor, and interests in real property in the Cor21 ridor—

22 (A) by gift or device;

23 (B) by purchase from a willing seller with

24 money that was given or bequeathed to the

25 Commission; or
17

S 342 ES

1 (C) by exchange.

2 (3) CONVEYANCE TO PUBLIC AGENCIES.—Any

3 real property or interest in real property acquired by

4 the Commission under paragraph (2) shall be con5 veyed by the Commission to an appropriate non-Fed6 eral public agency, as determined by the Commis7 sion. The conveyance shall be made—

8 (A) as soon as practicable after acquisi9 tion;

10 (B) without consideration; and

11 (C) on the condition that the real property

12 or interest in real property so conveyed is used

13 in furtherance of the purpose for which the

14 Corridor is established.

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

16 carrying out the Plan, the Commission may enter into co17 operative agreements with Federal agencies, State agen18 cies, political subdivisions of the State, and persons. Any

19 such cooperative agreement shall, at a minimum, establish

20 procedures for providing notice to the Commission of any

21 action that may affect the implementation of the Plan.

22 (g) ADVISORY GROUPS.—The Commission may es23 tablish such advisory groups as it considers necessary to

24 ensure open communication with, and assistance from
18

S 342 ES

1 Federal agencies, State agencies, political subdivisions of

2 the State, and interested persons.

3 (h) MODIFICATION OF PLANS.—

4 (1) IN GENERAL.—The Commission may mod5 ify the Plan if the Commission determines that such

6 modification is necessary to carry out this title.

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

8 until—

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

10 political subdivision of the State that may be

11 affected by the modification receives adequate

12 notice of, and an opportunity to comment on,

13 the modification;

14 (B) if the modification is significant, as de15 termined by the Commission, the Commission

16 has—

17 (i) provided adequate notice of the

18 modification by publication in the area of

19 the Corridor; and

20 (ii) conducted a public hearing with

21 respect to the modification; and

22 (C) the Governor has approved the modi23 fication.
19

S 342 ES

1 SEC. 107. DUTIES OF THE COMMISSION.

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

3 approval for, implement, and support the Plan in accord4 ance with section 108.

5 (b) MEETINGS.—

6 (1) TIMING.—

7 (A) INITIAL MEETING.—The Commission

8 shall hold its first meeting not later than 90

9 days after the date on which its last initial

10 member is appointed.

11 (B) SUBSEQUENT MEETINGS.—After the

12 initial meeting, the Commission shall meet at

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

14 except that the commission shall meet at least

15 quarterly .

16 (2) QUORUM.—Ten members of the Commis17 sion shall constitute a quorum, but a lesser number

18 of members may hold hearings.

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

20 than 10 members of the Commission shall be re21 quired to approve the budget of the Commission.

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

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

24 Commission have been appointed, the Commission shall

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

26 an annual report concerning the Commission’s activities.
20

S 342 ES

1 SEC. 108. PREPARATION, REVIEW, AND IMPLEMENTATION

2 OF THE PLAN.

3 (a) PREPARATION OF PLAN.—

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

5 the Commission conducts its first meeting, the Com6 mission shall submit to the Governor a Corridor In7 terpretation Plan.

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

9 the Commission shall—

10 (A) consult on a regular basis with appro11 priate officials of any Federal or State agency,

12 political subdivision of the State, and local gov13 ernment that has jurisdiction over or an owner14 ship interest in land, water, or water rights

15 within the Corridor; and

16 (B) conduct public hearings within the

17 Corridor for the purpose of providing interested

18 persons the opportunity to testify about matters

19 to be addressed by the Plan.

20 (3) RELATIONSHIP TO EXISTING PLANS.—The

21 Plan—

22 (A) shall recognize any existing Federal,

23 State, and local plans;

24 (B) shall not interfere with the implemen25 tation, administration, or amendment of such

26 plans; and
21

S 342 ES

1 (C) to the extent feasible, shall seek to co2 ordinate the plans and present a unified inter3 pretation plan for the Corridor.

4 (b) REVIEW OF PLAN.—

5 (1) IN GENERAL.—The Commission shall sub6 mit the Plan to the Governor for the Governor’s re7 view.

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

9 Plan and, if the Governor concurs in the Plan, may

10 submit the Plan to the Secretary, together with any

11 recommendations.

12 (3) SECRETARY.—The Secretary shall approve

13 or disapprove the Plan within 90 days. In reviewing

14 the Plan, the Secretary shall consider the adequacy

15 of—

16 (A) public participation; and

17 (B) the Plan in interpreting, for the edu18 cational and inspirational benefit of present and

19 future generations, the unique and significant

20 contributions to our national heritage of cul21 tural and historical lands, waterways, and

22 structures within the Corridor.

23 (c) DISAPPROVAL OF PLAN.—

24 (1) NOTIFICATION BY SECRETARY.—If the Sec25 retary disapproves the Plan, the Secretary shall, not
22

S 342 ES

1 later than 60 days after the date of disapproval, ad2 vise the Governor and the Commission of the rea3 sons for disapproval, together with recommendations

4 for revision.

5 (A) REVISION AND RESUBMISSION TO GOV6 ERNOR.—Not later than 90 days after receipt

7 of the notice of disapproval, the Commission

8 shall revise and resubmit the Plan to the Gov9 ernor for review.

10 (B) RESUBMISSION TO SECRETARY.—If

11 the Governor concurs in the revised Plan, he

12 may submit the revised Plan to the Secretary

13 who shall approve or disapprove the revision

14 within 60 days. If the Governor does not concur

15 in the revised Plan, he may resubmit it to the

16 Commission together with his recommendations

17 for further consideration and modification.

18 (2) IMPLEMENTATION OF PLAN.—After ap19 proval by the Secretary, the Commission shall imple20 ment and support the Plan as follows:

21 (A) CULTURAL RESOURCES.—

22 (i) IN GENERAL.—The Commission

23 shall assist Federal agencies, State agen24 cies, political subdivisions of the State, and

25 nonprofit organizations in the conservation
23

S 342 ES

1 and interpretation of cultural resources

2 within the Corridor.

3 (ii) EXCEPTION.—In providing the as4 sistance, the Commission shall in no way

5 infringe upon the authorities and policies

6 of a Federal agency, State agency, or polit7 ical subdivision of the State concerning the

8 administration and management of prop9 erty, water, or water rights held by the

10 agency, political subdivision, or private per11 sons or entities, or affect the jurisdiction

12 of the State of Colorado over any property,

13 water, or water rights within the Corridor.

14 (3) PUBLIC AWARENESS.—The Commission

15 shall assist in the enhancement of public awareness

16 of, and appreciation for, the historical, recreational,

17 architectural, and engineering structures in the Cor18 ridor, and the archaeological, geological, and cultural

19 resources and sites in the Corridor—

20 (A) by encouraging private owners of iden21 tified structures, sites, and resources to adopt

22 voluntary measures for the preservation of the

23 identified structure, site, or resource; and

24 (B) by cooperating with Federal agencies,

25 State agencies, and political subdivisions of the
24

S 342 ES

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

2 identified structure, site, or resource which the

3 Commission, with the concurrence of the Gov4 ernor, determines should be acquired and held

5 by an agency of the State.

6 (4) RESTORATION.—The Commission may as7 sist Federal agencies, State agencies, political sub8 divisions of the State, and nonprofit organizations in

9 the restoration of any identified structure or site in

10 the Corridor with consent of the owner. The assist11 ance may include providing technical assistance for

12 historic preservation, revitalization, and enhance13 ment efforts.

14 (5) INTERPRETATION.—The Commission shall

15 assist in the interpretation of the historical, present,

16 and future uses of the Corridor—

17 (A) by consulting with the Secretary with

18 respect to the implementation of the Secretary’s

19 duties under section 110;

20 (B) by assisting the State and political

21 subdivisions of the State in establishing and

22 maintaining visitor orientation centers and

23 other interpretive exhibits within the Corridor;

24 (C) by encouraging voluntary cooperation

25 and coordination, with respect to ongoing inter-
25

S 342 ES

1 pretive services in the Corridor, among Federal

2 agencies, State agencies, political subdivisions

3 of the State, nonprofit organizations, and pri4 vate citizens; and

5 (D) by encouraging Federal agencies,

6 State agencies, political subdivisions of the

7 State, and nonprofit organizations to undertake

8 new interpretive initiatives with respect to the

9 Corridor.

10 (6) RECOGNITION.—The Commission shall as11 sist in establishing recognition for the Corridor by

12 actively promoting the cultural, historical, natural,

13 and recreational resources of the Corridor on a com14 munity, regional, statewide, national, and inter15 national basis.

16 (7) LAND EXCHANGES.—The Commission shall

17 assist in identifying and implementing land ex18 changes within the State of Colorado by Federal and

19 State agencies that will expand open space and rec20 reational opportunities within the flood plain of the

21 Corridor.

22 SEC. 109. TERMINATION OF TRAVEL EXPENSES PROVISION.

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

24 on which the Secretary approves the Plan, section 104 is

25 amended by striking subsection (e).
26

S 342 ES

1 SEC. 110. DUTIES OF THE SECRETARY.

2 (a) ACQUISITION OF LAND.—The Secretary may ac3 quire land and interests in land within the Corridor that

4 have been specifically identified by the Commission for ac5 quisition by the Federal Government and that have been

6 approved for the acquisition by the Governor and the polit7 ical subdivision of the State where the land is located by

8 donation, purchase with donated or appropriated funds,

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

10 lands cannot be acquired by donation or exchange. No

11 land or interest in land may be acquired without the con12 sent of the owner.

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

14 upon the request of the Commission, provide technical as15 sistance to the Commission in the preparation and imple16 mentation of the Plan pursuant to section 108.

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

18 of the Commission, the Secretary shall detail to the Com19 mission, on a nonreimbursable basis, 2 employees of the

20 Department of the Interior to enable the Commission to

21 carry out the Commission’s duties under section 107.

22 SEC. 111. OTHER FEDERAL ENTITIES.

23 (a) DUTIES.—Subject to section 112, a Federal en24 tity conducting or supporting activities directly affecting

25 the flow of the Cache La Poudre River through the Cor-
27

S 342 ES

1 ridor, or the natural resources of the Corridor shall con2 sult with the Commission with respect to the activities;

3 (b) AUTHORIZATION.—

4 (1) IN GENERAL.—The Secretary or Adminis5 trator of a Federal agency may acquire land in the

6 flood plain of the Corridor by exchange for other

7 lands within the agency’s jurisdiction within the

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

9 lands have been identified by the Commission for ac10 quisition by a Federal agency and the Governor and

11 the political subdivision of the State or the owner

12 where the lands are located concur in the exchange.

13 Land so acquired shall be used to fulfill the purpose

14 for which the Corridor is established.

15 (2) CONVEYANCE OF SURPLUS REAL PROP16 ERTY.—Without monetary consideration to the Unit17 ed States, the Administrator of General Services

18 may convey to the State of Colorado, its political

19 subdivisions, or instrumentalities thereof all of the

20 right, title, and interest of the United States in and

21 to any surplus real property (within the meaning of

22 section 3(g) of the Federal Property and Adminis23 trative Services Act of 1949 (40 U.S.C. 472(g)))

24 within the State of Colorado which the Secretary has

25 determined is suitable and desirable to meet the pur-
28

S 342 ES

1 poses for which the Corridor is established. Subpara2 graph (B) of section 203(k)(3) of such Act shall

3 apply to any conveyance made under this paragraph.

4 For purposes of the preceding sentence, such sub5 paragraph shall be applied by substituting ‘‘the pur6 poses for which the Cache La Poudre Corridor is es7 tablished’’ for ‘‘historic monument purposes’’.

8 SEC. 112. 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 title, the Commission and Secretary shall

15 emphasize voluntary cooperation.

16 (2) RULES, REGULATIONS, STANDARDS, AND

17 PERMIT PROCESSES.—Nothing in this title 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 Corridor not been established.

23 (3) ENVIRONMENTAL QUALITY STANDARDS.—

24 Nothing in this title shall be considered to impose

25 the application or administration of any Federal or
29

S 342 ES

1 State environmental quality standard that is dif2 ferent from those that will be applicable had the

3 Corridor not been established.

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

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 Corridor, that is more restrictive than those

10 that would be applicable had the Corridor not been

11 established.

12 (5) PERMITTING OF FACILITIES.—Nothing in

13 the establishment of the Corridor shall abridge, re14 strict, or alter any applicable rule, regulation, stand15 ard, or review procedure for permitting of facilities

16 within or adjacent to the Corridor.

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

19 use and operation, repair, rehabilitation, expansion,

20 or 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 Corridor shall be considered
30

S 342 ES

1 to authorize or imply the reservation or appropria2 tion of water or water rights for any purpose.

3 (b) RESTRICTIONS ON COMMISSION AND SEC4 RETARY.—Nothing in this title 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 title;

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;
31

S 342 ES

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 title 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 Corridor; or
32

S 342 ES

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 portions of

4 the Corridor.

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

6 this title requires an owner of private property to allow

7 access to the property by the public.

8 SEC. 113. 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 for each of the first 5 fiscal years following

12 the date of enactment of this Act.

13 (b) MATCHING FUNDS.—Funds may be made avail14 able pursuant to this section only to the extent they are

15 matched by equivalent funds or in-kind contributions of

16 services or materials from non-Federal sources.

Passed the Senate October 3, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 342

AN ACT

To establish the Cache La Poudre River Corridor.