Calendar No. 281

104TH CONGRESS

1ST SESSION S. 342

[Report No. 104–188]

A BILL

To establish the Cache La Poudre River National

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

DECEMBER 15, 1995

Reported with an amendment
II

Calendar No. 281

104TH CONGRESS

1ST SESSION S. 342

[Report No. 104–188]

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

FEBRUARY 2 (legislative day, JANUARY 30), 1995

Mr. BROWN introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

DECEMBER 15, 1995

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) the Cache La Poudre River Basin rep4 resents a nationally significant historical, rec5 reational, scenic, cultural, natural, economic, and

6 scientific resource;

7 (2) sites and structures within the Cache La

8 Poudre River Basin symbolize in physical form—

9 (A) the development and management of

10 water resources critical to the westward expan11 sion of the Nation; and

12 (B) the sociocultural evolution of a work13 ing river from aboriginal tribes, through—

14 (i) early exploration;

15 (ii) 19th century settlement;

16 (iii) development of a water dependent

17 agricultural economy; and

18 (iv) an ongoing transition to present

19 day urban development;

20 (3) the Cache La Poudre River National Water

21 Heritage Area will represent the first working river,

22 within the National Park Service’s management

23 theme of the history of water development and river

24 basin management in the westward expansion of the

25 United States, that will demonstrate the historical,
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1 present, and future utilization of a river in the devel2 opment of the western United States;

3 (4) establishment of a Cache La Poudre River

4 National Water Heritage Area will provide a unique

5 opportunity to observe and understand the utiliza6 tion of a working river as societal needs and de7 mands change, both in a historical context, and as

8 development and use of the Cache La Poudre River

9 change in the future;

10 (5) establishment of a Cache La Poudre River

11 National Water Heritage Area will provide for the

12 maintenance and development of needed recreational

13 and natural open space necessary to the urban envi14 ronment; and

15 (6) despite efforts by State agencies, political

16 subdivisions of the State, volunteer organizations,

17 and private businesses, the cultural, historical, edu18 cational, and recreational resources of the Cache La

19 Poudre River Basin have not realized full potential

20 and may be lost without assistance from the Federal

21 Government.

22 (b) PURPOSES.—The purposes of this Act are to—

23 (1) retain, enhance, and interpret, for the edu24 cational and inspirational benefit of present and fu25 ture generations, the unique and significant con-
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1 tributions to our national heritage of cultural and

2 historical lands, waterways, and structures within

3 the Cache La Poudre River Basin;

4 (2) provide an interpretive and management

5 framework that may be used by present and future

6 generations to observe how the changing and grow7 ing needs of all the various water users within the

8 Basin affect the use of the River over time, includ9 ing the structural and technological changes made to

10 the various water delivery, water storage, water

11 treatment, wastewater facilities, and stormwater fa12 cilities, located within the Basin;

13 (3) provide a framework to assist the State

14 agencies and political subdivisions of the State in the

15 development of a plan to retain, enhance, and inter16 pret the significant values (past, present, and fu17 ture) of the lands, waters, and structures of the

18 Basin, where feasible, consistent with the present

19 and future development and use of the Cache La

20 Poudre River for all beneficial purposes, as defined

21 by State law; and

22 (4) recognize the special importance of the

23 urban river corridor through Fort Collins, Colorado,

24 in the interpretation and management of the history

25 of water development theme.
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1 SEC. 3. DEFINITIONS.

2 As used in this Act:

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

4 La Poudre River National Water Heritage Area es5 tablished by section 4(a).

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

7 means the Cache La Poudre River National Water

8 Heritage Area Commission established by section

9 5(a).

10 (3) HISTORY OF WATER DEVELOPMENT

11 THEME.—The term ‘‘history of water development

12 theme’’ means the management theme of the Na13 tional Park Service relating to the history of water

14 development and river basin management in the

15 westward expansion of the United States.

16 (4) GOVERNOR.—The term ‘‘Governor’’ means

17 the Governor of the State of Colorado.

18 (5) PLAN.—The term ‘‘Plan’’ means the water

19 heritage area interpretation and management plan

20 prepared by the Commission pursuant to section

21 9(a).

22 (6) 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 Area,
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1 including a county, city, town, water conservancy

2 district, or special district.

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

4 the Secretary of the Interior.

5 (8) STATE.—The term ‘‘State’’ means the State

6 of Colorado.

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

8 NATIONAL WATER HERITAGE AREA.

9 (a) ESTABLISHMENT.—To carry out this Act, there

10 is established in the State of Colorado the Cache La

11 Poudre River National Water Heritage Area.

12 (b) BOUNDARIES.—The boundaries of the Area shall

13 include those lands generally depicted on the map entitled

14 ‘‘Boundary Map, Cache La Poudre River National Water

15 Heritage Area’’ numbered lllll and dated

16 lllllllllllll. As soon as practicable

17 after the date of enactment of this Act, the Secretary shall

18 publish in the Federal Register a detailed description and

19 map of the boundaries of the Area.

20 (c) PUBLIC ACCESS TO MAP.—The map shall be on

21 file and available for public inspection in—

22 (1) the offices of the Department of the Inte23 rior in Washington, District of Columbia;

24 (2) the offices of the National Park Service in

25 Denver, Colorado; and
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1 (3) local offices of—

2 (A) the city of Fort Collins;

3 (B) Larimer County;

4 (C) the city of Greeley; and

5 (D) Weld County.

6 (d) ADMINISTRATION.—The Area shall be adminis7 tered in accordance with this Act.

8 SEC. 5. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER

9 NATIONAL WATER HERITAGE AREA COMMIS10 SION.

11 (a) ESTABLISHMENT.—

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

13 Cache La Poudre River National Water Heritage

14 Area Commission.

15 (2) FUNCTION.—The Commission shall coordi16 nate with appropriate Federal, State, and local au17 thorities in the development and implementation of

18 an integrated plan to interpret and manage elements

19 of the history of water development theme.

20 (b) MEMBERSHIP.—

21 (1) COMPOSITION.—The Commission shall be

22 composed of 15 members appointed not later than 6

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

24 these 15 members—
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1 (A) 1 member shall be the Director of the

2 National Park Service (who shall be an ex

3 officio member), or a delegate of the Director;

4 (B) 1 member shall be a representative of

5 the Forest Service, appointed by the Secretary

6 of Agriculture, which member shall be an ex

7 officio member;

8 (C) 3 members shall be recommended by

9 the Governor and appointed by the Secretary,

10 of whom—

11 (i) 1 member shall represent the

12 State;

13 (ii) 1 member shall represent Colo14 rado State University in Fort Collins; and

15 (iii) 1 member shall represent the

16 Northern Colorado Water Conservancy

17 District;

18 (D) 6 members shall be representatives of

19 local governments who are recommended by the

20 Governor and appointed by the Secretary, of

21 whom—

22 (i) 1 member shall represent the city

23 of Fort Collins;

24 (ii) 2 members shall represent

25 Larimer County;
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1 (iii) 1 member shall represent the city

2 of Greeley;

3 (iv) 2 members shall represent Weld

4 County; and

5 (v) 1 member shall represent the city

6 of Loveland; and

7 (E) 3 members shall be recommended by

8 the Governor and appointed by the Secretary,

9 and shall—

10 (i) represent the general public;

11 (ii) be citizens of the State; and

12 (iii) reside in the area through which

13 the Area extends.

14 (2) CHAIRPERSON.—The chairperson of the

15 Commission shall be elected by the members of the

16 Commission from among members appointed under

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

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

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

20 shall be filled in the same manner in which the origi21 nal appointment was made.

22 (c) TERMS OF SERVICE.—

23 (1) IN GENERAL.—Except as provided in para24 graphs (2) and (3), each member of the Commission
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1 shall be appointed for a term of 3 years and may be

2 reappointed.

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

4 the Commission first appointed under subsection

5 (b)(1) shall be appointed as follows:

6 (A) 3-YEAR TERMS.—The following initial

7 members shall serve for a 3-year term:

8 (i) The Director of the National Park

9 Service (or the delegate of the Director).

10 (ii) 1 representative of Weld County.

11 (iii) 1 representative of Larimer

12 County.

13 (iv) 1 representative of the city of

14 Loveland.

15 (v) 1 representative of the general

16 public.

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

18 members shall serve for a 2-year term:

19 (i) The representative of the Forest

20 Service.

21 (ii) The representative of the State.

22 (iii) The representative of Colorado

23 State University.

24 (iv) The representative of the North25 ern Colorado Water Conservancy District.
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1 (C) 1-YEAR TERMS.—The following initial

2 members shall serve for a 1-year term:

3 (i) 1 representative of the city of Fort

4 Collins.

5 (ii) 1 representative of Larimer

6 County.

7 (iii) 1 representative of the city of

8 Greeley.

9 (iv) 1 representative of Weld County.

10 (v) 1 representative of the general

11 public.

12 (3) PARTIAL TERMS.—

13 (A) FILLING VACANCIES.—A member of

14 the Commission appointed to fill a vacancy oc15 curring before the expiration of the term for

16 which a predecessor was appointed shall be ap17 pointed only for the remainder of the term.

18 (B) EXTENDED SERVICE.—A member of

19 the Commission may serve after the expiration

20 of that member’s term until a successor has

21 taken office.

22 (d) COMPENSATION.—Members of the Commission

23 shall receive no compensation for their service on the Com24 mission.
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1 (e) TRAVEL EXPENSES.—While away from their

2 homes or regular places of business in the performance

3 of services for the Commission, members shall be allowed

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

5 in the same manner as persons employed intermittently

6 in the Government service are allowed expenses under sec7 tion 5703 of title 5, United States Code.

8 SEC. 6. DIRECTOR AND STAFF OF THE COMMISSION.

9 (a) IN GENERAL.—

10 (1) DIRECTOR.—

11 (A) IN GENERAL.—Based on recommenda12 tions from the Commission, the Secretary of the

13 Interior shall appoint a Director who shall carry

14 out the decisions of the Commission.

15 (B) COMPENSATION.—The Director shall

16 be compensated at a rate not to exceed the min17 imum rate of basic pay prescribed for level GS–

18 13 of the General Schedule.

19 (2) STAFF.—

20 (A) IN GENERAL.—The Commission shall

21 have the power to appoint and fix the com22 pensation of such staff as may be necessary to

23 carry out the duties of the Commission.

24 (B) APPOINTMENT AND COMPENSATION.—

25 Staff appointed by the Commission—
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1 (i) shall be appointed without regard

2 to the civil service laws and regulations;

3 and

4 (ii) shall be compensated without re5 gard to the provisions of chapter 51 and

6 subchapter III of chapter 53 of title 5,

7 United States Code, relating to classifica8 tion of positions and General Schedule pay

9 rates.

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

11 rules as may be adopted by the Commission, the Commis12 sion may procure temporary and intermittent services to

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

14 5, United States Code, at rates for individuals that do not

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

16 prescribed for level V of the Executive Schedule under sec17 tion 5316 of such title.

18 (c) STAFF OF OTHER AGENCIES.—

19 (1) FEDERAL.—Upon request of the Commis20 sion, the head of a Federal agency may detail, on a

21 reimbursable basis, any of the personnel of the agen22 cy to the Commission to assist the Commission in

23 carrying out the Commission’s duties. The detail

24 shall be without interruption or loss of civil service

25 status or privilege.
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1 (2) ADMINISTRATIVE SUPPORT SERVICES.—The

2 Administrator of the General Services Administra3 tion shall provide to the Commission, on a reimburs4 able basis, such administrative support services as

5 the Commission may request.

6 (3) STATE.—The Commission may—

7 (A) accept the services of personnel de8 tailed from the State, State agencies, and politi9 cal subdivisions of the State; and

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

11 political subdivision of the State for the serv12 ices.

13 SEC. 7. POWERS OF THE COMMISSION.

14 (a) HEARINGS.—

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

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

17 take such testimony, and receive such evidence as

18 the Commission considers necessary to carry out this

19 Act.

20 (2) SUBPOENAS.—The Commission may not

21 issue subpoenas or exercise subpoena authority.

22 (b) ASSISTANCE WITH THEME.—

23 (1) IN GENERAL.—The Commission may pro24 vide advice, recommendations, and assistance to the

25 Secretary in the development and implementation of
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1 plans for the interpretation of the history of water

2 development theme.

3 (2) COORDINATE.—The Commission may co4 ordinate the integration of the history of water de5 velopment theme with other plans of the Department

6 of the Interior.

7 (c) MAILS.—The Commission may use the United

8 States mails in the same manner and under the same con9 ditions as other departments and agencies of the Federal

10 Government.

11 (d) MATCHING FUNDS.—The Commission may use

12 its funds to obtain money from any source under a pro13 gram or law requiring the recipient of the money to make

14 a contribution in order to receive the money.

15 (e) GIFTS.—

16 (1) IN GENERAL.—Except as provided in sub17 section (f)(3)(B), the Commission may, for the pur18 pose of carrying out its duties, seek, accept, and dis19 pose of gifts, bequests, or donations of money, per20 sonal property, or services, received from any source.

21 (2) CHARITABLE CONTRIBUTIONS.—For the

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

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

24 deemed to be a gift to the United States for the ben25 efit of the Area.
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1 (f) REAL PROPERTY.—

2 (1) IN GENERAL.—Except as provided in para3 graph (2) and except with respect to a leasing of fa4 cilities under section 6(c)(2), the Commission may

5 not acquire real property or an interest in real prop6 erty.

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

8 Commission may acquire real property in the Area,

9 and interests in real property in the Area—

10 (A) by gift or devise;

11 (B) by purchase from a willing seller with

12 money that was given or bequeathed to the

13 Commission; or

14 (C) by exchange.

15 (3) CONVEYANCE TO PUBLIC AGENCIES.—Any

16 real property or interest in real property acquired by

17 the Commission under paragraph (2) shall be con18 veyed by the Commission to an appropriate public

19 agency, as determined by the Commission. The con20 veyance shall be made—

21 (A) as soon as practicable after acquisi22 tion;

23 (B) without consideration; and

24 (C) on the condition that the real property

25 or interest in real property so conveyed is used
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1 to fulfill the purposes for which the Area is es2 tablished.

3 (g) COOPERATIVE AGREEMENTS.—

4 (1) IN GENERAL.—For the purpose of carrying

5 out the Plan, the Commission may enter into cooper6 ative agreements with—

7 (A) Federal agencies;

8 (B) State agencies;

9 (C) political subdivisions of the State; and

10 (D) persons.

11 (2) NOTICE.—A cooperative agreement shall, at

12 a minimum, establish procedures for providing no13 tice to the Commission of any action that may affect

14 the implementation of the Plan and that is proposed

15 by a—

16 (A) Federal agency;

17 (B) State agency;

18 (C) political subdivision of the State; or

19 (D) person.

20 (h) ADVISORY GROUPS.—The Commission may es21 tablish such advisory groups as it considers necessary to

22 ensure open communication with, and assistance from—

23 (1) Federal agencies;

24 (2) State agencies;

25 (3) political subdivisions of the State; and
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1 (4) interested persons.

2 (i) MODIFICATION OF PLANS.—

3 (1) IN GENERAL.—The Commission may mod4 ify the Plan if the Commission determines that such

5 modification is necessary to carry out this Act.

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

7 until—

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

9 political subdivision of the State that would be

10 affected by the modification receives adequate

11 notice of, and an opportunity to comment on,

12 the modification; and

13 (B) if the modification is significant, as de14 termined by the Commission, the Commission

15 has—

16 (i) provided adequate notice of the

17 modification by publication in the area of

18 the Area; and

19 (ii) conducted a public hearing with

20 respect to the modification.

21 (j) AGENCY.—A member or agent of the Commission,

22 if so authorized by the Commission, may take any action

23 that the Commission is authorized to take under this Act.
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1 SEC. 8. 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 9.

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) PUBLIC MEETINGS.—Meetings of the Com17 mission shall be subject to section 552b of title 5,

18 United States Code.

19 (3) QUORUM.—Ten members of the Commis20 sion shall constitute a quorum, but a lesser number

21 of members may hold hearings.

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

23 than 10 members of the Commission shall be re24 quired to approve the budget of the Commission.

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

26 each year (other than the year in which this Act is en-
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1 acted), the Commission shall publish and submit, to the

2 Secretary and to the Governor, an annual report concern3 ing the Commission’s activities.

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

5 THE PLAN.

6 (a) PREPARATION OF PLAN.—

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

8 the Commission conducts its first meeting, the Com9 mission shall submit, to the Secretary and to the

10 Governor, a Water Heritage Area Interpretation and

11 Management Plan.

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

13 the Commission shall—

14 (A) consult on a regular basis with appro15 priate officials of any—

16 (i) Federal or State agency;

17 (ii) political subdivision of the State;

18 or

19 (iii) local government that has juris20 diction over or an ownership interest in

21 land, water, or water rights within the

22 Area; and

23 (B) conduct public hearings within the

24 Area for the purpose of providing interested
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1 persons the opportunity to testify about matters

2 to be addressed by the Plan.

3 (3) RELATIONSHIP TO EXISTING PLANS.—The

4 Plan—

5 (A) shall recognize any existing Federal,

6 State, and local plans;

7 (B) shall not interfere with the implemen8 tation, administration, or amendment of the

9 plans; and

10 (C) to the extent feasible, shall seek to co11 ordinate the plans and present a unified inter12 pretation plan for the Area.

13 (b) REVIEW OF PLAN.—

14 (1) IN GENERAL.—The Commission shall sub15 mit the Plan to the Governor and to the Secretary

16 for their review.

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

18 Plan and submit the Plan to the Secretary, together

19 with any recommendations.

20 (3) SECRETARY.—The Secretary shall approve

21 or disapprove the Plan within 90 days. In reviewing

22 the Plan, the Secretary shall consider the adequacy

23 of—

24 (A) public participation;
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1 (B) assurances of Plan implementation

2 from State and local officials;

3 (C) the Plan in retaining, enhancing, and

4 interpreting, for the educational and inspira5 tional benefit of present and future generations,

6 the unique and significant contributions to our

7 national heritage of cultural and historical

8 lands, waterways, and structures within the

9 Area;

10 (D) the Plan in providing the unique op11 portunity to observe future utilization of the

12 Cache La Poudre River by all the various water

13 users throughout the Area as user needs change

14 and develop over time;

15 (E) the Plan in ensuring the effective im16 plementation of local aspects of the Plan;

17 (F) the financial resources that are in

18 place to implement the Plan; and

19 (G) Plan provisions for continuing over20 sight of the Plan implementation by the Gov21 ernor, Secretary, and Commission.

22 (c) DISAPPROVAL OF PLAN.—

23 (1) NOTIFICATION BY SECRETARY.—If the Sec24 retary disapproves the Plan, the Secretary shall, not

25 later than 60 days after the date of disapproval, ad-
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1 vise the Governor and the Commission of the rea2 sons for disapproval, together with recommendations

3 for revision.

4 (2) REVISION AND RESUBMISSION TO GOV5 ERNOR.—Not later than 90 days after receipt of the

6 notice of disapproval, the Commission shall revise

7 and resubmit the Plan to the Governor for review.

8 (3) RESUBMISSION TO SECRETARY.—The Com9 mission shall submit the revised plan, together with

10 any recommendations the Governor may have, to the

11 Secretary who shall approve or disapprove the revi12 sion within 60 days.

13 (d) IMPLEMENTATION OF PLAN.—After approval by

14 the Secretary as provided in subsections (b) and (c), the

15 Commission shall implement and support the Plan as fol16 lows:

17 (1) CULTURAL RESOURCES.—

18 (A) IN GENERAL.—The Commission shall

19 assist Federal agencies, State agencies, political

20 subdivisions of the State, and nonprofit organi21 zations in the conservation and interpretation

22 (in accordance with the Plan) of cultural re23 sources within the Area.

24 (B) EXCEPTION.—In providing the assist25 ance, the Commission shall in no way infringe
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1 upon the authorities and policies of a Federal

2 agency, State agency, or political subdivision of

3 the State concerning the administration and

4 management of property, water, or water rights

5 within the Area.

6 (2) PUBLIC AWARENESS.—The Commission

7 shall assist in the enhancement of public awareness

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

9 architectural, and engineering structures in the

10 Area, and the archaeological, geological, and cultural

11 resources and sites in the Area—

12 (A) by encouraging private owners of iden13 tified structures, sites, and resources to adopt

14 voluntary measures for the preservation of the

15 identified structure, site, or resource; and

16 (B) by cooperating with Federal agencies,

17 State agencies, and political subdivisions of the

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

19 identified structure, site, or resource.

20 (3) RESTORATION.—The Commission may as21 sist Federal agencies, State agencies, political sub22 divisions of the State, and nonprofit organizations in

23 the restoration of any identified structure or site in

24 the Area. The assistance may include providing tech-
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1 nical staff assistance for historic preservation, revi2 talization, and enhancement efforts.

3 (4) INTERPRETATION.—The Commission shall

4 assist in the interpretation of the historical, present,

5 and future utilization of the River, and of the devel6 opment of communities adjacent to the Area—

7 (A) by consulting with the Secretary with

8 respect to the implementation of the Secretary’s

9 duties under section 11;

10 (B) by establishing visitor orientation cen11 ters and other interpretive exhibits within the

12 urban river corridor portions of the Area;

13 (C) by encouraging voluntary cooperation

14 and coordination, with respect to ongoing inter15 pretive services in the Area, among—

16 (i) Federal agencies;

17 (ii) State agencies;

18 (iii) political subdivisions of the State;

19 (iv) nonprofit organizations; and

20 (v) private citizens; and

21 (D) by encouraging Federal agencies,

22 State agencies, political subdivisions of the

23 State, and nonprofit organizations to undertake

24 new interpretive initiatives with respect to the

25 Area.
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1 (5) RECOGNITION.—The Commission shall as2 sist in establishing recognition for the Area by ac3 tively promoting the cultural, historical, natural, and

4 recreational resources of the Area on a community,

5 regional, statewide, national, and international basis.

6 (6) LAND EXCHANGES.—The Commission shall

7 assist in identifying and implementing land ex8 changes by Federal and State agencies that will ex9 pand open space and recreational opportunities with10 in the flood plain of the Area.

11 SEC. 10. TERMINATION OF THE COMMISSION.

12 (a) TERMINATION.—Except as provided in subsection

13 (b), the Commission shall terminate 5 years after the date

14 of approval of the Plan by the Secretary.

15 (b) EXTENSION.—The Commission may be extended

16 for a period of not more than 5 years from the date of

17 termination established in subsection (a), if, not later than

18 180 days before that date—

19 (1) the Commission determines that an exten20 sion is necessary in order to carry out this Act;

21 (2) the Commission submits a proposed exten22 sion to the—

23 (A) Committee on Interior and Insular Af24 fairs of the House of Representatives;
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1 (B) Committee on Energy and Natural Re2 sources of the Senate; and

3 (C) Secretary of Agriculture; and

4 (3) the Secretary approves the extension.

5 SEC. 11. DUTIES OF THE SECRETARY.

6 (a) REVIEW OF PLAN.—The Secretary shall review

7 the Plan in accordance with subsections (b) and (c) of sec8 tion 9.

9 (b) ACQUISITION OF LAND.—

10 (1) IN GENERAL.—The Secretary may acquire

11 land and interests in land within the Area by dona12 tion, purchase with donated or appropriated funds,

13 or exchange.

14 (2) CONSENT REQUIRED.—No land or interest

15 in land may be acquired without the consent of the

16 owner.

17 (c) DEVELOPMENT OF THEME AND INTERPRETIVE

18 MATERIALS.—Following approval of the Plan as provided

19 under subsections (b) and (c) of section 9, the Secretary

20 shall—

21 (1) complete an inventory of sites and struc22 tures of historical, architectural, or engineering sig23 nificance in the Area;
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1 (2) complete an inventory of sites and resources

2 of archaeological or geological significance in the

3 Area;

4 (3) develop a thematic structure for the inter5 pretation of the heritage of the Area; and

6 (4) design and fabricate interpretive materials

7 based on the thematic structure, including—

8 (A) guide brochures for exploring the Area

9 by automobile, bicycle, boat, foot or other

10 means of transportation considered appropriate;

11 (B) indoor and outdoor visitor displays,

12 which may include video presentations and

13 models, at several locations within the urban

14 river corridor portions of the Area;

15 (C) a mobile display describing the history,

16 development, present, and future use of the

17 Area, to be used in the Area, public buildings,

18 libraries, and schools; and

19 (D) on National Forest System lands in

20 the upper portions of the river basin, features

21 ancillary to the history of water development

22 theme.

23 (d) TECHNICAL ASSISTANCE.—The Secretary shall,

24 upon the request of the Commission, provide technical as-
29

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1 sistance to the Commission in the preparation and imple2 mentation of the Plan pursuant to section 9.

3 (e) PROFESSIONALS ON LOAN.—Each fiscal year dur4 ing the existence of the Commission, the Secretary shall

5 detail to the Commission, on a nonreimbursable basis, 2

6 employees of the Department of the Interior to enable the

7 Commission to carry out the Commission’s duties under

8 section 8.

9 SEC. 12. OTHER FEDERAL ENTITIES.

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

11 conducting or supporting activities directly affecting the

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

13 the natural resources of the Area shall—

14 (1) consult with the Commission with respect to

15 the activities;

16 (2) cooperate with the Commission in—

17 (A) carrying out the entity’s duties in ac18 cordance with established management plans;

19 and

20 (B) to the extent practicable, coordinating

21 the activities with the carrying out of the enti22 ty’s duties; and

23 (3) to the extent practicable, conduct or support

24 the activities in a manner consistent with the Plan

25 and this Act.
30

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1 (b) AUTHORIZATION.—

2 (1) IN GENERAL.—The Secretary or Adminis3 trator of a Federal agency may acquire land in the

4 flood plain of the Area by exchange, based on fair

5 market value. Land so acquired shall be used to ful6 fill the purposes for which the Area is established.

7 (2) AUTHORIZATION TO CONVEY PROPERTY.—

8 The first sentence of section 203(k)(3) of the Fed9 eral Property and Administrative Services Act of

10 1949 (40 U.S.C. 484(k)(3)) is amended by striking

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

12 and inserting ‘‘historic monument or the Cache La

13 Poudre River National Water Heritage Area, for the

14 benefit of the public’’.

15 SEC. 13. EFFECT ON ENVIRONMENTAL AND OTHER STAND16 ARDS, RESTRICTIONS, AND SAVINGS PROVI17 SIONS.

18 (a) EFFECT ON ENVIRONMENTAL AND OTHER

19 STANDARDS.—

20 (1) VOLUNTARY COOPERATION.—In carrying

21 out this Act, the Commission and Secretary shall, to

22 the maximum extent feasible, emphasize voluntary

23 cooperation.

24 (2) RULES, REGULATIONS, STANDARDS, AND

25 PERMIT PROCESSES.—Nothing in this Act shall be
31

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1 considered to impose any environmental, occupa2 tional, safety, or other rule, regulation, standard, or

3 permit process that is different from those that

4 would be applicable had the Area not been estab5 lished.

6 (3) ENVIRONMENTAL QUALITY STANDARDS.—

7 Nothing in this Act shall be considered to impose

8 the application or administration of any Federal or

9 State environmental quality standard that is dif10 ferent from those that would be applicable had the

11 Area not been established.

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

13 shall be considered to impose any Federal or State

14 water use designation or water quality standard

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

16 or waters of the United States, within or adjacent

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

18 would be applicable had the Area not been estab19 lished.

20 (5) PERMITTING OF FACILITIES.—Nothing in

21 the establishment of the Area shall abridge, restrict,

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

23 review procedure for permitting of facilities within or

24 adjacent to the Area.
32

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1 (6) WATER FACILITIES.—Nothing in the estab2 lishment of the Area shall affect the continuing use

3 and operation, repair, rehabilitation, expansion, or

4 new construction of water supply facilities, water

5 and wastewater treatment facilities, stormwater fa6 cilities, public utilities, and common carriers.

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

8 the establishment of the Area shall be considered to

9 authorize or imply the reservation or appropriation

10 of water or water rights.

11 (b) RESTRICTIONS ON COMMISSION AND SEC12 RETARY.—Nothing in this Act shall be construed to vest

13 in the Commission or the Secretary the authority to—

14 (1) require a Federal agency, State agency, po15 litical subdivision of the State, or private person to

16 participate in a project or program carried out by

17 the Commission or the Secretary under this Act;

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

19 judicial proceeding concerning the application or en20 forcement of a regulatory authority of a Federal

21 agency, State agency, or political subdivision of the

22 State, including authority relating to—

23 (A) land use regulation;

24 (B) environmental quality;

25 (C) licensing;
33

S 342 RS

1 (D) permitting;

2 (E) easements;

3 (F) private land development; or

4 (G) other occupational or access issue;

5 (3) establish or modify a regulatory authority of

6 a Federal agency, State agency, or political subdivi7 sion of the State, including authority relating to—

8 (A) land use regulation;

9 (B) environmental quality; or

10 (C) pipeline or utility crossings;

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

12 agency, or political subdivision of the State;

13 (5) establish or modify any authority of the

14 State, State agency, or political subdivision of the

15 State with respect to the acquisition of lands or

16 water, or interest in lands or water;

17 (6) vest authority to reserve or appropriate

18 water or water rights;

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

20 repair, rehabilitation, or expansion of water facili21 ties, including stormwater, water, and wastewater

22 treatment facilities; or

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

24 water rights by other persons.
34

S 342 RS

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

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

3 State agency, or political subdivision of the State—

4 (1) to exercise civil and criminal jurisdiction

5 within the Area; or

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

7 property, including minerals and other interests in

8 or on lands or waters within the urban river corridor

9 portions of the Area.

10 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

11 (a) COMMISSION.—

12 (1) IN GENERAL.—There are authorized to be

13 appropriated $1,000,000 to the Commission to carry

14 out this Act.

15 (2) MATCHING FUNDS.—Funds may be made

16 available pursuant to this section only to the extent

17 they are matched by equivalent funds or in-kind con18 tributions of services or materials from non-Federal

19 sources.

20 (b) DEPARTMENT OF THE INTERIOR.—There are au21 thorized to be appropriated annually to the Department

22 of the Interior such sums as are necessary to carry out

23 the Secretary’s duties under this Act.
35

S 342 RS

1 SECTION 1. SHORT TITLE.

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

3 National Water Heritage Area Act’’.

4 SEC. 2. PURPOSE.

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

6 Poudre Water National Heritage Area within the Cache La

7 Poudre River Basin and to provide for the interpretation,

8 for the educational and inspirational benefit of present and

9 future generations, of the unique and significant contribu10 tions to our national heritage of cultural and historical

11 lands, waterways, and structures within the Area.

12 SEC. 3. DEFINITIONS.

13 As used in this Act:

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

15 La Poudre River National Water Heritage Area es16 tablished by section 4(a).

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

18 means the Cache La Poudre River National Water

19 Heritage Area Commission established by section

20 5(a).

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

22 the Governor of the State of Colorado.

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

24 heritage area interpretation plan prepared by the

25 Commission pursuant to section 9(a).
36

S 342 RS

1 (5) POLITICAL SUBDIVISION OF THE STATE.—

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

3 a political subdivision of the State of Colorado, any

4 part of which is located in or adjacent to the Area,

5 including a county, city, town, water conservancy

6 district, or special district.

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

8 the Secretary of the Interior.

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

10 NATIONAL WATER HERITAGE AREA.

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

12 State of Colorado the Cache La Poudre River National

13 Water Heritage Area.

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

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

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

17 the Cache La Poudre River flows out of the Roosevelt Na18 tional Forest and continuing east along said floodplain to

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

20 the Cache La Poudre River and the South Platte Rivers

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

22 acres, and generally depicted as the 100-year flood bound23 ary on the Federal Flood Insurance maps listed below:

24 (1) FLOOD INSURANCE RATE MAP, LARIMER

25 COUNTY, CO.—Community-Panel No. 080101 0146B,
37

S 342 RS

1 April 2, 1979. United States Department of Housing

2 and Urban Development, Federal Insurance Adminis3 tration.

4 (2) FLOOD INSURANCE RATE MAP, LARIMER

5 COUNTY, CO.—Community-Panel No. 080101 0147B,

6 April 2, 1979. United States Department of Housing

7 and Urban Development, Federal Insurance Adminis8 tration.

9 (3) FLOOD INSURANCE RATE MAP, LARIMER

10 COUNTY, CO.—Community-Panel No. 080101 0162B,

11 April 2, 1979. United States Department of Housing

12 and Urban Development, Federal Insurance Adminis13 tration.

14 (4) FLOOD INSURANCE RATE MAP, LARIMER

15 COUNTY, CO.—Community-Panel No. 080101 0163C,

16 March 18, 1986. Federal Emergency Management

17 Agency, Federal Insurance Administration.

18 (5) FLOOD INSURANCE RATE MAP, LARIMER

19 COUNTY, CO.—Community-Panel No. 080101 0178C,

20 March 18, 1986. Federal Emergency Management

21 Agency, Federal Insurance Administration.

22 (6) FLOOD INSURANCE RATE MAP, LARIMER

23 COUNTY, CO.—Community-Panel No. 080102 0002B,

24 February 15, 1984. Federal Emergency Management

25 Agency, Federal Insurance Administration.
38

S 342 RS

1 (7) FLOOD INSURANCE RATE MAP, LARIMER

2 COUNTY, CO.—Community-Panel No. 080101 0179C,

3 March 18, 1986. Federal Emergency Management

4 Agency, Federal Insurance Administration.

5 (8) FLOOD INSURANCE RATE MAP, LARIMER

6 COUNTY, CO.—Community-Panel No. 080101 0193D,

7 November 17, 1993. Federal Emergency Management

8 Agency, Federal Insurance Administration.

9 (9) FLOOD INSURANCE RATE MAP, LARIMER

10 COUNTY, CO.—Community-Panel No. 080101 0194D,

11 November 17, 1993. Federal Emergency Management

12 Agency, Federal Insurance Administration.

13 (10) FLOOD INSURANCE RATE MAP, LARIMER

14 COUNTY, CO.—Community-Panel No. 080101 0208C,

15 November 17, 1993. Federal Emergency Management

16 Agency, Federal Insurance Administration.

17 (11) FLOOD INSURANCE RATE MAP, LARIMER

18 COUNTY, CO.—Community-Panel No. 080101 0221C,

19 November 17, 1993. Federal Emergency Management

20 Agency, Federal Insurance Administration.

21 (12) FLOOD INSURANCE RATE MAP, LARIMER

22 COUNTY, CO.—Community-Panel No. 080266 0605D,

23 September 27, 1991. Federal Emergency Management

24 Agency, Federal Insurance Administration.
39

S 342 RS

1 (13) FLOOD INSURANCE RATE MAP, LARIMER

2 COUNTY, CO.—Community-Panel No. 080264 0005A,

3 September 27, 1991. Federal Emergency Management

4 Agency, Federal Insurance Administration.

5 (14) FLOOD INSURANCE RATE MAP, LARIMER

6 COUNTY, CO.—Community-Panel No. 080266 0608D,

7 September 27, 1991. Federal Emergency Management

8 Agency, Federal Insurance Administration.

9 (15) FLOOD INSURANCE RATE MAP, LARIMER

10 COUNTY, CO.—Community-Panel No. 080266 0609C,

11 September 28, 1982. Federal Emergency Management

12 Agency, Federal Insurance Administration.

13 (16) FLOOD INSURANCE RATE MAP, LARIMER

14 COUNTY, CO.—Community-Panel No. 080266 0628C,

15 September 28, 1982. Federal Emergency Management

16 Agency, Federal Insurance Administration.

17 (17) FLOOD INSURANCE RATE MAP, LARIMER

18 COUNTY, CO.—Community-Panel No. 080184 0002B,

19 July 16, 1979. United States Department of Housing

20 and Urban Development, Federal Insurance Adminis21 tration.

22 (18) FLOOD INSURANCE RATE MAP, LARIMER

23 COUNTY, CO.—Community-Panel No. 080266 0636C,

24 September 28, 1982. Federal Emergency Management

25 Agency, Federal Insurance Administration.
40

S 342 RS

1 (19) FLOOD INSURANCE RATE MAP, LARIMER

2 COUNTY, CO.—Community-Panel No. 080266 0637C,

3 September 28, 1982. Federal Emergency Management

4 Agency, Federal Insurance Administration.

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

6 Act, the Secretary shall publish in the Federal Register a

7 detailed description and map of the boundaries of the Area.

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

9 and available for public inspection in—

10 (1) the offices of the Department of the Interior

11 in Washington, District of Columbia, and Denver,

12 Colorado; and

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

14 Larimer County, the city of Greeley, and Weld Coun15 ty.

16 SEC. 5. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER

17 NATIONAL WATER HERITAGE AREA COMMIS18 SION.

19 (a) ESTABLISHMENT.—

20 (1) IN GENERAL.—There is established the Cache

21 La Poudre River National Water Heritage Commis22 sion.

23 (2) FUNCTION.—The Commission, in consulta24 tion with appropriate Federal, State, and local au25 thorities, shall develop and implement an integrated
41

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1 plan to interpret elements of the history of water de2 velopment within the Area.

3 (b) MEMBERSHIP.—

4 (1) COMPOSITION.—The Commission shall be

5 composed of 15 members appointed not later than 6

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

7 these 15 members—

8 (A) 1 member shall be a representative of

9 the Secretary of the Interior which member shall

10 be an ex officio member;

11 (B) 1 member shall be a representative of

12 the Forest Service, appointed by the Secretary of

13 Agriculture, which member shall be an ex officio

14 member;

15 (C) 3 members shall be recommended by the

16 Governor and appointed by the Secretary, of

17 whom—

18 (i) 1 member shall represent the State;

19 (ii) 1 member shall represent Colorado

20 State University in Fort Collins; and

21 (iii) 1 member shall represent the

22 Northern Colorado Water Conservancy Dis23 trict;

24 (D) 6 members shall be representatives of

25 local governments who are recommended by the
42

S 342 RS

1 Governor and appointed by the Secretary, of

2 whom—

3 (i) 1 member shall represent the city of

4 Fort Collins;

5 (ii) 2 members shall represent Larimer

6 County, 1 of which shall represent agri7 culture or irrigated water interests;

8 (iii) 1 member shall represent the city

9 of Greeley;

10 (iv) 2 members shall represent Weld

11 County, 1 of which shall represent agricul12 tural or irrigated water interests; and

13 (v) 1 member shall represent the city of

14 Loveland; and

15 (E) 3 members shall be recommended by the

16 Governor and appointed by the Secretary, and

17 shall—

18 (i) represent the general public;

19 (ii) be citizens of the State; and

20 (iii) reside within the Area.

21 (2) CHAIRPERSON.—The chairperson of the Com22 mission shall be elected by the members of the Com23 mission from among members appointed under sub24 paragraph (C), (D), or (E) of paragraph (1). The

25 chairperson shall be elected for a 2-year term.
43

S 342 RS

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

2 shall be filled in the same manner in which the origi3 nal appointment was made.

4 (c) TERMS OF SERVICE.—

5 (1) IN GENERAL.—Except as provided in para6 graphs (2) and (3), each member of the Commission

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

8 reappointed.

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

10 the Commission first appointed under subsection

11 (b)(1) shall be appointed as follows:

12 (A) 3-YEAR TERMS.—The following initial

13 members shall serve for a 3-year term:

14 (i) The representative of the Secretary

15 of the Interior.

16 (ii) 1 representative of Weld County.

17 (iii) 1 representative of Larimer Coun18 ty.

19 (iv) 1 representative of the city of

20 Loveland.

21 (v) 1 representative of the general pub22 lic.

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

24 members shall serve for a 2-year term:
44

S 342 RS

1 (i) The representative of the Forest

2 Service.

3 (ii) The representative of the State.

4 (iii) The representative of Colorado

5 State University.

6 (iv) The representative of the Northern

7 Colorado Water Conservancy District.

8 (C) 1-YEAR TERMS.—The following initial mem9 bers shall serve for a 1-year term:

10 (i) 1 representative of the city of Fort

11 Collins.

12 (ii) 1 representative of Larimer Coun13 ty.

14 (iii) 1 representative of the city of

15 Greeley.

16 (iv) 1 representative of Weld County.

17 (v) 1 representative of the general pub18 lic.

19 (3) PARTIAL TERMS.—

20 (A) FILLING VACANCIES.—A member of the

21 Commission appointed to fill a vacancy occur22 ring before the expiration of the term for which

23 a predecessor was appointed shall be appointed

24 only for the remainder of their term.
45

S 342 RS

1 (B) EXTENDED SERVICE.—A member of the

2 Commission may serve after the expiration of

3 that member’s term until a successor has taken

4 office.

5 (d) COMPENSATION.—Members of the Commission

6 shall receive no compensation for their service on the Com7 mission.

8 (e) TRAVEL EXPENSES.—While away from their homes

9 or regular places of business in the performance of services

10 for the Commission, members shall be allowed travel ex11 penses, including per diem in lieu of subsistence, in the

12 same manner as persons employed intermittently in the

13 Government service are allowed expenses under section 5703

14 of title 5, United States Code.

15 SEC. 6. STAFF OF THE COMMISSION.

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

17 appoint and fix the compensation of such staff as may be

18 necessary to carry out the duties of the Commission.

19 (1) APPOINTMENT AND COMPENSATION.—Staff

20 appointed by the Commission—

21 (A) shall be appointed without regard to the

22 city service laws and regulations; and

23 (B) shall be compensated without regard to

24 the provisions of chapter 51 and subchapter III

25 of chapter 53 of title 5, United States Code, re-
46

S 342 RS

1 lating to classification of positions and General

2 Schedule pay rates.

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

4 rules as may be adopted by the Commission, the Commis5 sion may procure temporary and intermittent services to

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

7 5, United States Code, at rates for individuals that do not

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

9 prescribed for level V of the Executive Schedule under sec10 tion 5316 of such title.

11 (c) STAFF OF OTHER AGENCIES.—

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

13 the head of a Federal agency may detail, on a reim14 bursement basis, any of the personnel of the agency to

15 the Commission to assist the Commission in carrying

16 out the Commission’s duties. The detail shall be with17 out interruption or loss of civil service status or

18 privilege.

19 (2) ADMINISTRATIVE SUPPORT SERVICES.—The

20 Administrator of the General Services Administration

21 shall provide to the Commission, on a reimbursable

22 basis, such administrative support services as the

23 Commission may request.

24 (3) STATE.—The Commission may—
47

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1 (A) accept the service of personnel detailed

2 from the State, State agencies, and political sub3 divisions of the State; and

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

5 political subdivision of the State for such serv6 ices.

7 SEC. 7. POWERS OF THE COMMISSION.

8 (a) HEARINGS.—

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

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

11 take such testimony, and receive such evidence as the

12 Commission considers necessary to carry out this Act.

13 (2) SUBPOENAS.—The Commission may not

14 issue subpoenas or exercise any subpoena authority.

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

16 States mails in the same manner and under the same condi17 tions as other departments and agencies of the Federal Gov18 ernment.

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

20 funds to obtain money from any source under a program

21 or law requiring the recipient of the money to make a con22 tribution in order to receive the money.

23 (d) GIFTS.—

24 (1) IN GENERAL.—Except as provided in sub25 section (e)(3), the Commission may, for the purpose
48

S 342 RS

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

2 gifts, bequests, or donations of money, personal prop3 erty, or services, received from any source.

4 (2) CHARITABLE CONTRIBUTIONS.—For the pur5 pose of section 170(c) of the Internal Revenue Code of

6 1986, a gift to the Commission shall be deemed to be

7 a gift to the United States.

8 (e) REAL PROPERTY.—

9 (1) IN GENERAL.—Except as provided in para10 graph (2) and except with respect to a leasing of fa11 cilities under section 6(c)(2), the Commission may

12 not acquire real property or an interest in real prop13 erty.

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

15 Commission may acquire real property in the Area,

16 and interests in real property in the Area—

17 (A) by gift or devise;

18 (B) by purchase from a willing seller with

19 money that was given or bequeathed to the Com20 mission; or

21 (C) by exchange.

22 (3) CONVEYANCE TO PUBLIC AGENCIES.—Any

23 real property or interest in real property acquired by

24 the Commission under paragraph (2) shall be con25 veyed by the Commission to an appropriate non-Fed-
49

S 342 RS

1 eral public agency, as determined by the Commission.

2 The conveyance shall be made—

3 (A) as soon as practicable after acquisition;

4 (B) without consideration; and

5 (C) on the condition that the real property

6 or interest in real property so conveyed is used

7 in furtherance of the purpose for which the Area

8 is established.

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

10 carrying out the Plan, the Commission may enter into co11 operative agreements with Federal agencies, State agencies,

12 political subdivisions of the State, and persons. Any such

13 cooperative agreement shall, at a minimum, establish proce14 dures for providing notice to the Commission of any action

15 that may affect the implementation of the Plan.

16 (g) ADVISORY GROUPS.—The Commission may estab17 lish such advisory groups as it considers necessary to ensure

18 open communication with, and assistance from Federal

19 agencies, State agencies, political subdivisions of the State,

20 and interested persons.

21 (h) MODIFICATION OF PLANS.—

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

23 the Plan if the Commission determines that such

24 modification is necessary to carry out this Act.
50

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

2 until—

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

4 political subdivision of the State that may be af5 fected by the modification receives adequate no6 tice of, and an opportunity to comment on, the

7 modification;

8 (B) if the modification is significant, as de9 termined by the Commission, the Commission

10 has—

11 (i) provided adequate notice of the

12 modification by publication in the area of

13 the Area; and

14 (ii) conducted a public hearing with

15 respect to the modification; and

16 (C) the Governor has approved the modi17 fication.

18 SEC. 8. DUTIES OF THE COMMISSION.

19 (a) PLAN.—The Commission shall prepare, obtain ap20 proval for, implement, and support the Plan in accordance

21 with section 9.

22 (b) MEETINGS.—

23 (1) TIMING.—

24 (A) INITIAL MEETING.—The Commission

25 shall hold its first meeting not later than 90
51

S 342 RS

1 days after the date on which its last initial

2 member is appointed.

3 (B) SUBSEQUENT MEETINGS.—After the

4 initial meeting, the Commission shall meet at the

5 call of the chairperson or 7 of its members, ex6 cept that the Commission shall meet at least

7 quarterly.

8 (2) QUORUM.—Ten members of the Commission

9 shall constitute a quorum, but a lesser number of

10 members may hold hearings.

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

12 than 10 members of the Commission shall be required

13 to approve the budget of the Commission.

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

15 year, following the year in which the members of the Com16 mission have been appointed, the Commission shall publish

17 and submit, to the Secretary and to the Governor, an an18 nual report concerning the Commission’s activities.

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

20 THE PLAN.

21 (a) PREPARATION OF PLAN.—

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

23 the Commission conducts its first meeting, the Com24 mission shall submit to the Governor a Water Herit25 age Area Interpretation Plan.
52

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

2 Commission shall—

3 (A) consult on a regular basis with appro4 priate officials of any Federal or State agency,

5 political subdivision of the State, and local gov6 ernment that has jurisdiction over or an owner7 ship interest in land, water, or water rights

8 within the Area; and

9 (B) conduct public hearings within the Area

10 for the purpose of providing interested persons

11 the opportunity to testify about matters to be ad12 dressed by the Plan.

13 (3) RELATIONSHIP TO EXISTING PLANS.—The

14 Plan—

15 (A) shall recognize any existing Federal,

16 State, and local plans;

17 (B) shall not interfere with the implementa18 tion, administration, or amendment of such

19 plans; and

20 (C) to the extent feasible, shall seek to co21 ordinate the plans and present a unified inter22 pretation plan for the Area.

23 (b) REVIEW OF PLAN.—

24 (1) IN GENERAL.—The Commission shall submit

25 the Plan to the Governor for his review.
53

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

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

3 Plan to the Secretary, together with any recommenda4 tions.

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

6 disapprove the Plan within 90 days. In reviewing the

7 Plan, the Secretary shall consider the adequacy of—

8 (A) public participation; and

9 (B) the Plan in interpreting, for the edu10 cational and inspirational benefit of present and

11 future generations, the unique and significant

12 contributions to our national heritage of cultural

13 and historical lands, waterways, and structures

14 within the Area.

15 (c) DISAPPROVAL OF PLAN.—

16 (1) NOTIFICATION BY SECRETARY.—If the Sec17 retary disapproves the Plan, the Secretary shall, not

18 later than 60 days after the date of disapproval, ad19 vise the Governor and the Commission of the reasons

20 for disapproval, together with recommendations for

21 revision.

22 (2) REVISION AND RESUBMISSION TO GOV23 ERNOR.—Not later than 90 days after receipt of the

24 notice of disapproval, the Commission shall revise

25 and resubmit the Plan to the Governor for review.
54

S 342 RS

1 (3) RESUBMISSION TO SECRETARY.—If the Gov2 ernor concurs in the revised Plan, he may submit the

3 revised plan to the Secretary who shall approve or

4 disapprove the revision within 60 days. If the Gov5 ernor does not concur in the revised plan, he may re6 submit it to the Commission together with his rec7 ommendations for further consideration and modi8 fication.

9 (d) IMPEMENTATION OF PLAN.—After approval by the

10 Secretary, the Commission shall implement and support the

11 Plan as follows:

12 (1) CULTURAL RESOURCES.—

13 (A) IN GENERAL.—The Commission shall

14 assist Federal agencies, State agencies, political

15 subdivisions of the State, and nonprofit organi16 zations in the conservation and interpretation of

17 cultural resources within the Area.

18 (B) EXCEPTION.—In providing the assist19 ance, the Commission shall in no way infringe

20 upon the authorities and policies of a Federal

21 agency, State agency, or political subdivision of

22 the State concerning the administration and

23 management of property, water, or water rights

24 held by such agency, political subdivision, or

25 private persons or entities, or affect the jurisdic-
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1 tion of the State of Colorado over any property,

2 water, or water rights within the Area.

3 (2) PUBLIC AWARENESS.—The Commission shall

4 assist in the enhancement of public awareness of, and

5 appreciation for, the historical, recreational, architec6 tural, and engineering structures in the Area, and the

7 archaeological, geological, and cultural resources and

8 sites in the Area—

9 (A) by encouraging private owners of iden10 tified structures, sites, and resources to adopt

11 voluntary measures for the preservation of the

12 identified structure, site, or resource; and

13 (B) by cooperating with Federal agencies,

14 State agencies, and political subdivisions of the

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

16 identified structure, site, or resource which the

17 Commission, with the concurrence of the Gov18 ernor, determines should be acquired and held by

19 an agency of the State.

20 (3) RESTORATION.—The Commission may assist

21 Federal agencies, State agencies, political subdivisions

22 of the State, and nonprofit organizations in the res23 toration of any identified structure or site in the Area

24 with consent of the owner. The assistance may include
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1 providing technical assistance for historic preserva2 tion, revitalization, and enhancement efforts.

3 (4) INTERPRETATION.—The Commission shall

4 assist in the interpretation of the historical, present,

5 and future uses of the Area—

6 (A) by consulting with the Secretary with

7 respect to the implementation of the Secretary’s

8 duties under section 11;

9 (B) by assisting the State and political sub10 divisions of the State in establishing and main11 taining visitor orientation centers and other in12 terpretive exhibits within the Area;

13 (C) by encouraging voluntary cooperation

14 and coordination, with respect to ongoing inter15 pretive services in the Area, among Federal

16 agencies, State agencies, political subdivisions of

17 the State, nonprofit organizations, and private

18 citizens, and

19 (D) by encouraging Federal agencies, State

20 agencies, political subdivisions of the State, and

21 nonprofit organizations to undertake new inter22 pretive initiatives with respect to the Area.

23 (5) RECOGNITION.—The Commission shall assist

24 in establishing recognition for the Area by actively

25 promoting the cultural, historical, natural, and rec-
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1 reational resources of the Area on a community, re2 gional, statewide, national, and international basis.

3 (6) LAND EXCHANGES.—The Commission shall

4 assist in identifying and implementing land ex5 changes within the State of Colorado by Federal and

6 State agencies that will expand open space and rec7 reational opportunities within the flood plain of the

8 Area.

9 SEC. 10. TERMINATION OF THE COMMISSION.

10 (a) TERMINATION.—Except as provided in subsection

11 (b), the Commission shall terminate 5 years after the date

12 of approval of the Plan by the Secretary.

13 (b) EXTENSION.—The Commission may be extended

14 for a period of not more than 5 years from the date of termi15 nation established in subsection (a), if, not later than 180

16 days before that date—

17 (1) the Commission determines that an extension

18 is necessary in order to carry out this Act;

19 (2) the Commission submits a proposed extension

20 to the—

21 (A) Governor;

22 (B) Committee on Resources of the House of

23 Representatives;

24 (C) Committee on Energy and Natural Re25 sources of the Senate; and
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1 (D) Secretary of Agriculture;

2 (3) the Governor notifies the Secretary that he

3 concurs in the extension, and

4 (4) the Secretary approves the extension.

5 SEC. 11. DUTIES OF THE SECRETARY.

6 (a) ACQUISITION OF LAND.—The Secretary may ac7 quire land and interests in land within the Area that have

8 been specifically identified by the Commission for acquisi9 tion by the Federal government and that have been ap10 proved for such acquisition by the Governor and the politi11 cal subdivision of the State where the land is located by

12 donation, purchase with donated or appropriated funds, or

13 exchange. Acquisition authority may only be used if such

14 lands cannot be acquired by donation or exchange. No land

15 or interest in land may be acquired without the consent

16 of the owner.

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

18 upon the request of the Commission, provide technical as19 sistance to the Commission in the preparation and imple20 mentation of the Plan pursuant to section 9.

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

22 the Commission, the Secretary shall detail to the Commis23 sion, on a nonreimbursable basis, 2 employees of the De24 partment of the Interior to enable the Commission to carry

25 out the Commission’s duties under section 8.
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1 SEC. 12. OTHER FEDERAL ENTITIES.

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

3 conducting or supporting activities directly affecting the

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

5 the natural resources of the Area shall consult with the

6 Commission with respect to such activities;

7 (b) AUTHORIZATION.—

8 (1) IN GENERAL.—The Secretary or Adminis9 trator of a Federal agency may acquire land in the

10 flood plain of the Area by exchange for other lands

11 within such agency’s jurisdiction within the State of

12 Colorado, based on fair market value: Provided, That

13 such lands have been identified by the Commission for

14 acquisition by a Federal agency and the Governor

15 and the political subdivision of the State or the owner

16 where the lands are located concur in the exchange.

17 Land so acquired shall be used to fulfill the purpose

18 for which the Area is established.

19 (2) AUTHORIZATION TO CONVEY PROPERTY.—

20 The first sentence of section 203(k)(3) of the Federal

21 Property and Administrative Services Act of 1949 (40

22 U.S.C. 484(k)(3)) is amended by striking ‘‘historic

23 monument, for the benefit of the public’’ and inserting

24 ‘‘historic monument or any such property within the

25 State of Colorado for the Cache La Poudre River Na-
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1 tional Water Heritage Area, for the benefit of the pub2 lic’’.

3 SEC. 13. EFFECT ON ENVIRONMENTAL AND OTHER STAND4 ARDS, RESTRICTIONS, AND SAVINGS PROVI5 SIONS.

6 (a) EFFECT ON ENVIRONMENTAL AND OTHER STAND7 ARDS.—

8 (1) VOLUNTARY COOPERATION.—In carrying out

9 this Act, the Commission and Secretary shall empha10 size voluntary cooperation.

11 (2) RULES, REGULATIONS, STANDARDS, AND

12 PERMIT PROCESSES.—Nothing in this Act shall be

13 considered to impose or form the basis for imposition

14 of any environmental, occupational, safety, or other

15 rule, regulation, standard, or permit process that is

16 different from those that would be applicable had the

17 Area not been established.

18 (3) ENVIRONMENTAL QUALITY STANDARDS.—

19 Nothing in this Act shall be considered to impose the

20 application or administration of any Federal or

21 State environmental quality standard that is different

22 from those that will be applicable had the Area not

23 been established.

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

25 shall be considered to impose any Federal or State
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1 water use designation or water quality standard upon

2 uses of, or discharges to, waters of the State or waters

3 of the United States, within or adjacent to the Area,

4 that is more restrictive than those that would be ap5 plicable had the Area not been established.

6 (5) PERMITTING OF FACILITIES.—Nothing in the

7 establishment of the Area shall abridge, restrict, or

8 alter any applicable rule, regulation, standard, or re9 view procedure for permitting of facilities within or

10 adjacent to the Area.

11 (6) WATER FACILITIES.—Nothing in the estab12 lishment of the Area shall affect the continuing use

13 and operation, repair, rehabilitation, expansion, or

14 new construction of water supply facilities, water and

15 wastewater treatment facilities, stormwater facilities,

16 public utilities, and common carriers.

17 (7) WATER AND WATER RIGHTS.—Nothing in the

18 establishment of the Area shall be considered to au19 thorize or imply the reservation or appropriation of

20 water or water rights for any purpose.

21 (b) RESTRICTIONS ON COMMISSION AND SEC22 RETARY.—Nothing in this Act shall be construed to vest in

23 the Commission or the Secretary the authority to—

24 (1) require a Federal agency, State agency, po25 litical subdivision of the State, or private person to
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1 participate in a project or program carried out by the

2 Commission or the Secretary under the Act;

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

4 judicial proceeding concerning the application or en5 forcement of a regulatory authority of a Federal agen6 cy, State agency, or political subdivision of the State,

7 including, but not limited to, authority relating to—

8 (A) land use regulation;

9 (B) environmental quality;

10 (C) licensing;

11 (D) permitting;

12 (E) easements;

13 (F) private land development; or

14 (G) other occupational or access issue;

15 (3) establish or modify a regulatory authority of

16 a Federal agency, State agency, or political subdivi17 sion of the State, including authority relating to—

18 (A) land use regulation;

19 (B) environmental quality; or

20 (C) pipeline or utility crossings;

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

22 agency, or political subdivision of the State;

23 (5) attest in any manner the authority and ju24 risdiction of the State with respect to the acquisition

25 of lands or water, or interest in lands or water;
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1 (6) vest authority to reserve or appropriate

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

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

4 repair, rehabilitation, or expansion of water facilities,

5 including stormwater, water, and wastewater treat6 ment facilities; or

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

8 water rights in accordance with the substantive and

9 procedural requirements of the laws of the State.

10 (c) SAVINGS PROVISION.—Nothing in this Act shall di11 minish, enlarge, or modify a right of a Federal agency,

12 State agency, or political subdivision of the State—

13 (1) to exercise civil and criminal jurisdiction

14 within the Area; or

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

16 property, including minerals and other interests in or

17 on lands or waters within the urban river corridor

18 portions of the Area.

19 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

20 (a) COMMISSION.—

21 (1) IN GENERAL.—There are authorized to be ap22 propriated not to exceed $250,000 to the Commission

23 to carry out this Act.

24 (2) MATCHING FUNDS.—Funds may be made

25 available pursuant to this section only to the extent
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1 they are matched by equivalent funds or in-kind con2 tributions of services or materials from non-Federal

3 sources.

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