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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 342 Reported in Senate (RS)]

                                                       Calendar No. 281

104th CONGRESS

  1st Session

                                 S. 342

                          [Report No. 104-188]

_______________________________________________________________________

                                 A BILL

To establish the Cache La Poudre River National Water Heritage Area in 
             the State of Colorado, and for other purposes.

_______________________________________________________________________

                           December 15, 1995

                       Reported with an amendment
                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Cache La Poudre River 
National Water Heritage Area Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the Cache La Poudre River Basin represents a 
        nationally significant historical, recreational, scenic, 
        cultural, natural, economic, and scientific resource;</DELETED>
        <DELETED>    (2) sites and structures within the Cache La 
        Poudre River Basin symbolize in physical form--</DELETED>
                <DELETED>    (A) the development and management of 
                water resources critical to the westward expansion of 
                the Nation; and</DELETED>
                <DELETED>    (B) the sociocultural evolution of a 
                working river from aboriginal tribes, through--
                </DELETED>
                        <DELETED>    (i) early exploration;</DELETED>
                        <DELETED>    (ii) 19th century 
                        settlement;</DELETED>
                        <DELETED>    (iii) development of a water 
                        dependent agricultural economy; and</DELETED>
                        <DELETED>    (iv) an ongoing transition to 
                        present day urban development;</DELETED>
        <DELETED>    (3) the Cache La Poudre River National Water 
        Heritage Area will represent the first working river, within 
        the National Park Service's management theme of the history of 
        water development and river basin management in the westward 
        expansion of the United States, that will demonstrate the 
        historical, present, and future utilization of a river in the 
        development of the western United States;</DELETED>
        <DELETED>    (4) establishment of a Cache La Poudre River 
        National Water Heritage Area will provide a unique opportunity 
        to observe and understand the utilization of a working river as 
        societal needs and demands change, both in a historical 
        context, and as development and use of the Cache La Poudre 
        River change in the future;</DELETED>
        <DELETED>    (5) establishment of a Cache La Poudre River 
        National Water Heritage Area will provide for the maintenance 
        and development of needed recreational and natural open space 
        necessary to the urban environment; and</DELETED>
        <DELETED>    (6) despite efforts by State agencies, political 
        subdivisions of the State, volunteer organizations, and private 
        businesses, the cultural, historical, educational, and 
        recreational resources of the Cache La Poudre River Basin have 
        not realized full potential and may be lost without assistance 
        from the Federal Government.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are to--</DELETED>
        <DELETED>    (1) retain, enhance, and interpret, for the 
        educational and inspirational benefit of present and future 
        generations, the unique and significant contributions to our 
        national heritage of cultural and historical lands, waterways, 
        and structures within the Cache La Poudre River 
        Basin;</DELETED>
        <DELETED>    (2) provide an interpretive and management 
        framework that may be used by present and future generations to 
        observe how the changing and growing needs of all the various 
        water users within the Basin affect the use of the River over 
        time, including the structural and technological changes made 
        to the various water delivery, water storage, water treatment, 
        wastewater facilities, and stormwater facilities, located 
        within the Basin;</DELETED>
        <DELETED>    (3) provide a framework to assist the State 
        agencies and political subdivisions of the State in the 
        development of a plan to retain, enhance, and interpret the 
        significant values (past, present, and future) of the lands, 
        waters, and structures of the Basin, where feasible, consistent 
        with the present and future development and use of the Cache La 
        Poudre River for all beneficial purposes, as defined by State 
        law; and</DELETED>
        <DELETED>    (4) recognize the special importance of the urban 
        river corridor through Fort Collins, Colorado, in the 
        interpretation and management of the history of water 
        development theme.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    As used in this Act:</DELETED>
        <DELETED>    (1) Area.--The term ``Area'' means the Cache La 
        Poudre River National Water Heritage Area established by 
        section 4(a).</DELETED>
        <DELETED>    (2) Commission.--The term ``Commission'' means the 
        Cache La Poudre River National Water Heritage Area Commission 
        established by section 5(a).</DELETED>
        <DELETED>    (3) History of water development theme.--The term 
        ``history of water development theme'' means the management 
        theme of the National Park Service relating to the history of 
        water development and river basin management in the westward 
        expansion of the United States.</DELETED>
        <DELETED>    (4) Governor.--The term ``Governor'' means the 
        Governor of the State of Colorado.</DELETED>
        <DELETED>    (5) Plan.--The term ``Plan'' means the water 
        heritage area interpretation and management plan prepared by 
        the Commission pursuant to section 9(a).</DELETED>
        <DELETED>    (6) Political subdivision of the state.--The term 
        ``political subdivision of the State'' means a political 
        subdivision of the State of Colorado, any part of which is 
        located in or adjacent to the Area, including a county, city, 
        town, water conservancy district, or special 
        district.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (8) State.--The term ``State'' means the State of 
        Colorado.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL 
              WATER HERITAGE AREA.</DELETED>

<DELETED>    (a) Establishment.--To carry out this Act, there is 
established in the State of Colorado the Cache La Poudre River National 
Water Heritage Area.</DELETED>
<DELETED>    (b) Boundaries.--The boundaries of the Area shall include 
those lands generally depicted on the map entitled ``Boundary Map, 
Cache La Poudre River National Water Heritage Area'' numbered 
</DELETED>__________ <DELETED>and dated 
</DELETED>__________________________<DELETED>. As soon as practicable 
after the date of enactment of this Act, the Secretary shall publish in 
the Federal Register a detailed description and map of the boundaries 
of the Area.</DELETED>
<DELETED>    (c) Public Access to Map.--The map shall be on file and 
available for public inspection in--</DELETED>
        <DELETED>    (1) the offices of the Department of the Interior 
        in Washington, District of Columbia;</DELETED>
        <DELETED>    (2) the offices of the National Park Service in 
        Denver, Colorado; and</DELETED>
        <DELETED>    (3) local offices of--</DELETED>
                <DELETED>    (A) the city of Fort Collins;</DELETED>
                <DELETED>    (B) Larimer County;</DELETED>
                <DELETED>    (C) the city of Greeley; and</DELETED>
                <DELETED>    (D) Weld County.</DELETED>
<DELETED>    (d) Administration.--The Area shall be administered in 
accordance with this Act.</DELETED>

<DELETED>SEC. 5. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL 
              WATER HERITAGE AREA COMMISSION.</DELETED>

<DELETED>    (a) Establishment.--</DELETED>
        <DELETED>    (1) In general.--There is established the Cache La 
        Poudre River National Water Heritage Area Commission.</DELETED>
        <DELETED>    (2) Function.--The Commission shall coordinate 
        with appropriate Federal, State, and local authorities in the 
        development and implementation of an integrated plan to 
        interpret and manage elements of the history of water 
        development theme.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) Composition.--The Commission shall be composed 
        of 15 members appointed not later than 6 months after the date 
        of enactment of this Act. Of these 15 members--</DELETED>
                <DELETED>    (A) 1 member shall be the Director of the 
                National Park Service (who shall be an ex officio 
                member), or a delegate of the Director;</DELETED>
                <DELETED>    (B) 1 member shall be a representative of 
                the Forest Service, appointed by the Secretary of 
                Agriculture, which member shall be an ex officio 
                member;</DELETED>
                <DELETED>    (C) 3 members shall be recommended by the 
                Governor and appointed by the Secretary, of whom--
                </DELETED>
                        <DELETED>    (i) 1 member shall represent the 
                        State;</DELETED>
                        <DELETED>    (ii) 1 member shall represent 
                        Colorado State University in Fort Collins; 
                        and</DELETED>
                        <DELETED>    (iii) 1 member shall represent the 
                        Northern Colorado Water Conservancy 
                        District;</DELETED>
                <DELETED>    (D) 6 members shall be representatives of 
                local governments who are recommended by the Governor 
                and appointed by the Secretary, of whom--</DELETED>
                        <DELETED>    (i) 1 member shall represent the 
                        city of Fort Collins;</DELETED>
                        <DELETED>    (ii) 2 members shall represent 
                        Larimer County;</DELETED>
                        <DELETED>    (iii) 1 member shall represent the 
                        city of Greeley;</DELETED>
                        <DELETED>    (iv) 2 members shall represent 
                        Weld County; and</DELETED>
                        <DELETED>    (v) 1 member shall represent the 
                        city of Loveland; and</DELETED>
                <DELETED>    (E) 3 members shall be recommended by the 
                Governor and appointed by the Secretary, and shall--
                </DELETED>
                        <DELETED>    (i) represent the general 
                        public;</DELETED>
                        <DELETED>    (ii) be citizens of the State; 
                        and</DELETED>
                        <DELETED>    (iii) reside in the area through 
                        which the Area extends.</DELETED>
        <DELETED>    (2) Chairperson.--The chairperson of the 
        Commission shall be elected by the members of the Commission 
        from among members appointed under subparagraph (C), (D), or 
        (E) of paragraph (1). The chairperson shall be elected for a 2-
        year term.</DELETED>
        <DELETED>    (3) Vacancies.--A vacancy on the Commission shall 
        be filled in the same manner in which the original appointment 
        was made.</DELETED>
<DELETED>    (c) Terms of Service.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraphs 
        (2) and (3), each member of the Commission shall be appointed 
        for a term of 3 years and may be reappointed.</DELETED>
        <DELETED>    (2) Initial members.--The initial members of the 
        Commission first appointed under subsection (b)(1) shall be 
        appointed as follows:</DELETED>
                <DELETED>    (A) 3-year terms.--The following initial 
                members shall serve for a 3-year term:</DELETED>
                        <DELETED>    (i) The Director of the National 
                        Park Service (or the delegate of the 
                        Director).</DELETED>
                        <DELETED>    (ii) 1 representative of Weld 
                        County.</DELETED>
                        <DELETED>    (iii) 1 representative of Larimer 
                        County.</DELETED>
                        <DELETED>    (iv) 1 representative of the city 
                        of Loveland.</DELETED>
                        <DELETED>    (v) 1 representative of the 
                        general public.</DELETED>
                <DELETED>    (B) 2-year terms.--The following initial 
                members shall serve for a 2-year term:</DELETED>
                        <DELETED>    (i) The representative of the 
                        Forest Service.</DELETED>
                        <DELETED>    (ii) The representative of the 
                        State.</DELETED>
                        <DELETED>    (iii) The representative of 
                        Colorado State University.</DELETED>
                        <DELETED>    (iv) The representative of the 
                        Northern Colorado Water Conservancy 
                        District.</DELETED>
                <DELETED>    (C) 1-year terms.--The following initial 
                members shall serve for a 1-year term:</DELETED>
                        <DELETED>    (i) 1 representative of the city 
                        of Fort Collins.</DELETED>
                        <DELETED>    (ii) 1 representative of Larimer 
                        County.</DELETED>
                        <DELETED>    (iii) 1 representative of the city 
                        of Greeley.</DELETED>
                        <DELETED>    (iv) 1 representative of Weld 
                        County.</DELETED>
                        <DELETED>    (v) 1 representative of the 
                        general public.</DELETED>
        <DELETED>    (3) Partial terms.--</DELETED>
                <DELETED>    (A) Filling vacancies.--A member of the 
                Commission appointed to fill a vacancy occurring before 
                the expiration of the term for which a predecessor was 
                appointed shall be appointed only for the remainder of 
                the term.</DELETED>
                <DELETED>    (B) Extended service.--A member of the 
                Commission may serve after the expiration of that 
                member's term until a successor has taken 
                office.</DELETED>
<DELETED>    (d) Compensation.--Members of the Commission shall receive 
no compensation for their service on the Commission.</DELETED>
<DELETED>    (e) Travel Expenses.--While away from their homes or 
regular places of business in the performance of services for the 
Commission, members shall be allowed travel expenses, including per 
diem in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703 of title 5, United States Code.</DELETED>

<DELETED>SEC. 6. DIRECTOR AND STAFF OF THE COMMISSION.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Director.--</DELETED>
                <DELETED>    (A) In general.--Based on recommendations 
                from the Commission, the Secretary of the Interior 
                shall appoint a Director who shall carry out the 
                decisions of the Commission.</DELETED>
                <DELETED>    (B) Compensation.--The Director shall be 
                compensated at a rate not to exceed the minimum rate of 
                basic pay prescribed for level GS-13 of the General 
                Schedule.</DELETED>
        <DELETED>    (2) Staff.--</DELETED>
                <DELETED>    (A) In general.--The Commission shall have 
                the power to appoint and fix the compensation of such 
                staff as may be necessary to carry out the duties of 
                the Commission.</DELETED>
                <DELETED>    (B) Appointment and compensation.--Staff 
                appointed by the Commission--</DELETED>
                        <DELETED>    (i) shall be appointed without 
                        regard to the civil service laws and 
                        regulations; and</DELETED>
                        <DELETED>    (ii) shall be compensated without 
                        regard to the provisions of chapter 51 and 
                        subchapter III of chapter 53 of title 5, United 
                        States Code, relating to classification of 
                        positions and General Schedule pay 
                        rates.</DELETED>
<DELETED>    (b) Experts and Consultants.--Subject to such rules as may 
be adopted by the Commission, the Commission may procure temporary and 
intermittent services to the same extent as is authorized by section 
3109(b) of title 5, United States Code, at rates for individuals that 
do not exceed the daily equivalent of the annual rate of basic pay 
prescribed for level V of the Executive Schedule under section 5316 of 
such title.</DELETED>
<DELETED>    (c) Staff of Other Agencies.--</DELETED>
        <DELETED>    (1) Federal.--Upon request of the Commission, the 
        head of a Federal agency may detail, on a reimbursable basis, 
        any of the personnel of the agency to the Commission to assist 
        the Commission in carrying out the Commission's duties. The 
        detail shall be without interruption or loss of civil service 
        status or privilege.</DELETED>
        <DELETED>    (2) Administrative support services.--The 
        Administrator of the General Services Administration shall 
        provide to the Commission, on a reimbursable basis, such 
        administrative support services as the Commission may 
        request.</DELETED>
        <DELETED>    (3) State.--The Commission may--</DELETED>
                <DELETED>    (A) accept the services of personnel 
                detailed from the State, State agencies, and political 
                subdivisions of the State; and</DELETED>
                <DELETED>    (B) reimburse the State, State agency, or 
                political subdivision of the State for the 
                services.</DELETED>

<DELETED>SEC. 7. POWERS OF THE COMMISSION.</DELETED>

<DELETED>    (a) Hearings.--</DELETED>
        <DELETED>    (1) In general.--The Commission may hold such 
        hearings, sit and act at such times and places, take such 
        testimony, and receive such evidence as the Commission 
        considers necessary to carry out this Act.</DELETED>
        <DELETED>    (2) Subpoenas.--The Commission may not issue 
        subpoenas or exercise subpoena authority.</DELETED>
<DELETED>    (b) Assistance With Theme.--</DELETED>
        <DELETED>    (1) In general.--The Commission may provide 
        advice, recommendations, and assistance to the Secretary in the 
        development and implementation of plans for the interpretation 
        of the history of water development theme.</DELETED>
        <DELETED>    (2) Coordinate.--The Commission may coordinate the 
        integration of the history of water development theme with 
        other plans of the Department of the Interior.</DELETED>
<DELETED>    (c) Mails.--The Commission may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.</DELETED>
<DELETED>    (d) Matching Funds.--The Commission may use its funds to 
obtain money from any source under a program or law requiring the 
recipient of the money to make a contribution in order to receive the 
money.</DELETED>
<DELETED>    (e) Gifts.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in subsection 
        (f)(3)(B), the Commission may, for the purpose of carrying out 
        its duties, seek, accept, and dispose of gifts, bequests, or 
        donations of money, personal property, or services, received 
        from any source.</DELETED>
        <DELETED>    (2) Charitable contributions.--For the purpose of 
        section 170(c) of the Internal Revenue Code of 1986, a gift to 
        the Commission shall be deemed to be a gift to the United 
        States for the benefit of the Area.</DELETED>
<DELETED>    (f) Real Property.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2) and except with respect to a leasing of facilities under 
        section 6(c)(2), the Commission may not acquire real property 
        or an interest in real property.</DELETED>
        <DELETED>    (2) Exception.--Subject to paragraph (3), the 
        Commission may acquire real property in the Area, and interests 
        in real property in the Area--</DELETED>
                <DELETED>    (A) by gift or devise;</DELETED>
                <DELETED>    (B) by purchase from a willing seller with 
                money that was given or bequeathed to the Commission; 
                or</DELETED>
                <DELETED>    (C) by exchange.</DELETED>
        <DELETED>    (3) Conveyance to public agencies.--Any real 
        property or interest in real property acquired by the 
        Commission under paragraph (2) shall be conveyed by the 
        Commission to an appropriate public agency, as determined by 
        the Commission. The conveyance shall be made--</DELETED>
                <DELETED>    (A) as soon as practicable after 
                acquisition;</DELETED>
                <DELETED>    (B) without consideration; and</DELETED>
                <DELETED>    (C) on the condition that the real 
                property or interest in real property so conveyed is 
                used to fulfill the purposes for which the Area is 
                established.</DELETED>
<DELETED>    (g) Cooperative Agreements.--</DELETED>
        <DELETED>    (1) In general.--For the purpose of carrying out 
        the Plan, the Commission may enter into cooperative agreements 
        with--</DELETED>
                <DELETED>    (A) Federal agencies;</DELETED>
                <DELETED>    (B) State agencies;</DELETED>
                <DELETED>    (C) political subdivisions of the State; 
                and</DELETED>
                <DELETED>    (D) persons.</DELETED>
        <DELETED>    (2) Notice.--A cooperative agreement shall, at a 
        minimum, establish procedures for providing notice to the 
        Commission of any action that may affect the implementation of 
        the Plan and that is proposed by a--</DELETED>
                <DELETED>    (A) Federal agency;</DELETED>
                <DELETED>    (B) State agency;</DELETED>
                <DELETED>    (C) political subdivision of the State; 
                or</DELETED>
                <DELETED>    (D) person.</DELETED>
<DELETED>    (h) Advisory Groups.--The Commission may establish such 
advisory groups as it considers necessary to ensure open communication 
with, and assistance from--</DELETED>
        <DELETED>    (1) Federal agencies;</DELETED>
        <DELETED>    (2) State agencies;</DELETED>
        <DELETED>    (3) political subdivisions of the State; 
        and</DELETED>
        <DELETED>    (4) interested persons.</DELETED>
<DELETED>    (i) Modification of Plans.--</DELETED>
        <DELETED>    (1) In general.--The Commission may modify the 
        Plan if the Commission determines that such modification is 
        necessary to carry out this Act.</DELETED>
        <DELETED>    (2) Notice.--No modification shall take effect 
        until--</DELETED>
                <DELETED>    (A) any Federal agency, State agency, or 
                political subdivision of the State that would be 
                affected by the modification receives adequate notice 
                of, and an opportunity to comment on, the modification; 
                and</DELETED>
                <DELETED>    (B) if the modification is significant, as 
                determined by the Commission, the Commission has--
                </DELETED>
                        <DELETED>    (i) provided adequate notice of 
                        the modification by publication in the area of 
                        the Area; and</DELETED>
                        <DELETED>    (ii) conducted a public hearing 
                        with respect to the modification.</DELETED>
<DELETED>    (j) Agency.--A member or agent of the Commission, if so 
authorized by the Commission, may take any action that the Commission 
is authorized to take under this Act.</DELETED>

<DELETED>SEC. 8. DUTIES OF THE COMMISSION.</DELETED>

<DELETED>    (a) Plan.--The Commission shall prepare, obtain approval 
for, implement, and support the Plan in accordance with section 
9.</DELETED>
<DELETED>    (b) Meetings.--</DELETED>
        <DELETED>    (1) Timing.--</DELETED>
                <DELETED>    (A) Initial meeting.--The Commission shall 
                hold its first meeting not later than 90 days after the 
                date on which its last initial member is 
                appointed.</DELETED>
                <DELETED>    (B) Subsequent meetings.--After the 
                initial meeting, the Commission shall meet at the call 
                of the chairperson or 7 of its members, except that the 
                Commission shall meet at least quarterly.</DELETED>
        <DELETED>    (2) Public meetings.--Meetings of the Commission 
        shall be subject to section 552b of title 5, United States 
        Code.</DELETED>
        <DELETED>    (3) Quorum.--Ten members of the Commission shall 
        constitute a quorum, but a lesser number of members may hold 
        hearings.</DELETED>
        <DELETED>    (4) Budget.--The affirmative vote of not less than 
        10 members of the Commission shall be required to approve the 
        budget of the Commission.</DELETED>
<DELETED>    (c) Annual Reports.--Not later than May 15 of each year 
(other than the year in which this Act is enacted), the Commission 
shall publish and submit, to the Secretary and to the Governor, an 
annual report concerning the Commission's activities.</DELETED>

<DELETED>SEC. 9. PREPARATION, REVIEW, AND IMPLEMENTATION OF THE 
              PLAN.</DELETED>

<DELETED>    (a) Preparation of Plan.--</DELETED>
        <DELETED>    (1) In general.--Not later than 2 years after the 
        Commission conducts its first meeting, the Commission shall 
        submit, to the Secretary and to the Governor, a Water Heritage 
        Area Interpretation and Management Plan.</DELETED>
        <DELETED>    (2) Development.--In developing the Plan, the 
        Commission shall--</DELETED>
                <DELETED>    (A) consult on a regular basis with 
                appropriate officials of any--</DELETED>
                        <DELETED>    (i) Federal or State 
                        agency;</DELETED>
                        <DELETED>    (ii) political subdivision of the 
                        State; or</DELETED>
                        <DELETED>    (iii) local government that has 
                        jurisdiction over or an ownership interest in 
                        land, water, or water rights within the Area; 
                        and</DELETED>
                <DELETED>    (B) conduct public hearings within the 
                Area for the purpose of providing interested persons 
                the opportunity to testify about matters to be 
                addressed by the Plan.</DELETED>
        <DELETED>    (3) Relationship to existing plans.--The Plan--
        </DELETED>
                <DELETED>    (A) shall recognize any existing Federal, 
                State, and local plans;</DELETED>
                <DELETED>    (B) shall not interfere with the 
                implementation, administration, or amendment of the 
                plans; and</DELETED>
                <DELETED>    (C) to the extent feasible, shall seek to 
                coordinate the plans and present a unified 
                interpretation plan for the Area.</DELETED>
<DELETED>    (b) Review of Plan.--</DELETED>
        <DELETED>    (1) In general.--The Commission shall submit the 
        Plan to the Governor and to the Secretary for their 
        review.</DELETED>
        <DELETED>    (2) Governor.--The Governor may review the Plan 
        and submit the Plan to the Secretary, together with any 
        recommendations.</DELETED>
        <DELETED>    (3) Secretary.--The Secretary shall approve or 
        disapprove the Plan within 90 days. In reviewing the Plan, the 
        Secretary shall consider the adequacy of--</DELETED>
                <DELETED>    (A) public participation;</DELETED>
                <DELETED>    (B) assurances of Plan implementation from 
                State and local officials;</DELETED>
                <DELETED>    (C) the Plan in retaining, enhancing, and 
                interpreting, for the educational and inspirational 
                benefit of present and future generations, the unique 
                and significant contributions to our national heritage 
                of cultural and historical lands, waterways, and 
                structures within the Area;</DELETED>
                <DELETED>    (D) the Plan in providing the unique 
                opportunity to observe future utilization of the Cache 
                La Poudre River by all the various water users 
                throughout the Area as user needs change and develop 
                over time;</DELETED>
                <DELETED>    (E) the Plan in ensuring the effective 
                implementation of local aspects of the Plan;</DELETED>
                <DELETED>    (F) the financial resources that are in 
                place to implement the Plan; and</DELETED>
                <DELETED>    (G) Plan provisions for continuing 
                oversight of the Plan implementation by the Governor, 
                Secretary, and Commission.</DELETED>
<DELETED>    (c) Disapproval of Plan.--</DELETED>
        <DELETED>    (1) Notification by secretary.--If the Secretary 
        disapproves the Plan, the Secretary shall, not later than 60 
        days after the date of disapproval, advise the Governor and the 
        Commission of the reasons for disapproval, together with 
        recommendations for revision.</DELETED>
        <DELETED>    (2) Revision and resubmission to governor.--Not 
        later than 90 days after receipt of the notice of disapproval, 
        the Commission shall revise and resubmit the Plan to the 
        Governor for review.</DELETED>
        <DELETED>    (3) Resubmission to secretary.--The Commission 
        shall submit the revised plan, together with any 
        recommendations the Governor may have, to the Secretary who 
        shall approve or disapprove the revision within 60 
        days.</DELETED>
<DELETED>    (d) Implementation of Plan.--After approval by the 
Secretary as provided in subsections (b) and (c), the Commission shall 
implement and support the Plan as follows:</DELETED>
        <DELETED>    (1) Cultural resources.--</DELETED>
                <DELETED>    (A) In general.--The Commission shall 
                assist Federal agencies, State agencies, political 
                subdivisions of the State, and nonprofit organizations 
                in the conservation and interpretation (in accordance 
                with the Plan) of cultural resources within the 
                Area.</DELETED>
                <DELETED>    (B) Exception.--In providing the 
                assistance, the Commission shall in no way infringe 
                upon the authorities and policies of a Federal agency, 
                State agency, or political subdivision of the State 
                concerning the administration and management of 
                property, water, or water rights within the 
                Area.</DELETED>
        <DELETED>    (2) Public awareness.--The Commission shall assist 
        in the enhancement of public awareness of, and appreciation 
        for, the historical, recreational, architectural, and 
        engineering structures in the Area, and the archaeological, 
        geological, and cultural resources and sites in the Area--
        </DELETED>
                <DELETED>    (A) by encouraging private owners of 
                identified structures, sites, and resources to adopt 
                voluntary measures for the preservation of the 
                identified structure, site, or resource; and</DELETED>
                <DELETED>    (B) by cooperating with Federal agencies, 
                State agencies, and political subdivisions of the State 
                in acquiring, on a willing seller basis, any identified 
                structure, site, or resource.</DELETED>
        <DELETED>    (3) Restoration.--The Commission may assist 
        Federal agencies, State agencies, political subdivisions of the 
        State, and nonprofit organizations in the restoration of any 
        identified structure or site in the Area. The assistance may 
        include providing technical staff assistance for historic 
        preservation, revitalization, and enhancement 
        efforts.</DELETED>
        <DELETED>    (4) Interpretation.--The Commission shall assist 
        in the interpretation of the historical, present, and future 
        utilization of the River, and of the development of communities 
        adjacent to the Area--</DELETED>
                <DELETED>    (A) by consulting with the Secretary with 
                respect to the implementation of the Secretary's duties 
                under section 11;</DELETED>
                <DELETED>    (B) by establishing visitor orientation 
                centers and other interpretive exhibits within the 
                urban river corridor portions of the Area;</DELETED>
                <DELETED>    (C) by encouraging voluntary cooperation 
                and coordination, with respect to ongoing interpretive 
                services in the Area, among--</DELETED>
                        <DELETED>    (i) Federal agencies;</DELETED>
                        <DELETED>    (ii) State agencies;</DELETED>
                        <DELETED>    (iii) political subdivisions of 
                        the State;</DELETED>
                        <DELETED>    (iv) nonprofit organizations; 
                        and</DELETED>
                        <DELETED>    (v) private citizens; 
                        and</DELETED>
                <DELETED>    (D) by encouraging Federal agencies, State 
                agencies, political subdivisions of the State, and 
                nonprofit organizations to undertake new interpretive 
                initiatives with respect to the Area.</DELETED>
        <DELETED>    (5) Recognition.--The Commission shall assist in 
        establishing recognition for the Area by actively promoting the 
        cultural, historical, natural, and recreational resources of 
        the Area on a community, regional, statewide, national, and 
        international basis.</DELETED>
        <DELETED>    (6) Land exchanges.--The Commission shall assist 
        in identifying and implementing land exchanges by Federal and 
        State agencies that will expand open space and recreational 
        opportunities within the flood plain of the Area.</DELETED>

<DELETED>SEC. 10. TERMINATION OF THE COMMISSION.</DELETED>

<DELETED>    (a) Termination.--Except as provided in subsection (b), 
the Commission shall terminate 5 years after the date of approval of 
the Plan by the Secretary.</DELETED>
<DELETED>    (b) Extension.--The Commission may be extended for a 
period of not more than 5 years from the date of termination 
established in subsection (a), if, not later than 180 days before that 
date--</DELETED>
        <DELETED>    (1) the Commission determines that an extension is 
        necessary in order to carry out this Act;</DELETED>
        <DELETED>    (2) the Commission submits a proposed extension to 
        the--</DELETED>
                <DELETED>    (A) Committee on Interior and Insular 
                Affairs of the House of Representatives;</DELETED>
                <DELETED>    (B) Committee on Energy and Natural 
                Resources of the Senate; and</DELETED>
                <DELETED>    (C) Secretary of Agriculture; 
                and</DELETED>
        <DELETED>    (3) the Secretary approves the 
        extension.</DELETED>

<DELETED>SEC. 11. DUTIES OF THE SECRETARY.</DELETED>

<DELETED>    (a) Review of Plan.--The Secretary shall review the Plan 
in accordance with subsections (b) and (c) of section 9.</DELETED>
<DELETED>    (b) Acquisition of Land.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may acquire land 
        and interests in land within the Area by donation, purchase 
        with donated or appropriated funds, or exchange.</DELETED>
        <DELETED>    (2) Consent required.--No land or interest in land 
        may be acquired without the consent of the owner.</DELETED>
<DELETED>    (c) Development of Theme and Interpretive Materials.--
Following approval of the Plan as provided under subsections (b) and 
(c) of section 9, the Secretary shall--</DELETED>
        <DELETED>    (1) complete an inventory of sites and structures 
        of historical, architectural, or engineering significance in 
        the Area;</DELETED>
        <DELETED>    (2) complete an inventory of sites and resources 
        of archaeological or geological significance in the 
        Area;</DELETED>
        <DELETED>    (3) develop a thematic structure for the 
        interpretation of the heritage of the Area; and</DELETED>
        <DELETED>    (4) design and fabricate interpretive materials 
        based on the thematic structure, including--</DELETED>
                <DELETED>    (A) guide brochures for exploring the Area 
                by automobile, bicycle, boat, foot or other means of 
                transportation considered appropriate;</DELETED>
                <DELETED>    (B) indoor and outdoor visitor displays, 
                which may include video presentations and models, at 
                several locations within the urban river corridor 
                portions of the Area;</DELETED>
                <DELETED>    (C) a mobile display describing the 
                history, development, present, and future use of the 
                Area, to be used in the Area, public buildings, 
                libraries, and schools; and</DELETED>
                <DELETED>    (D) on National Forest System lands in the 
                upper portions of the river basin, features ancillary 
                to the history of water development theme.</DELETED>
<DELETED>    (d) Technical Assistance.--The Secretary shall, upon the 
request of the Commission, provide technical assistance to the 
Commission in the preparation and implementation of the Plan pursuant 
to section 9.</DELETED>
<DELETED>    (e) Professionals on Loan.--Each fiscal year during the 
existence of the Commission, the Secretary shall detail to the 
Commission, on a nonreimbursable basis, 2 employees of the Department 
of the Interior to enable the Commission to carry out the Commission's 
duties under section 8.</DELETED>

<DELETED>SEC. 12. OTHER FEDERAL ENTITIES.</DELETED>

<DELETED>    (a) Duties.--Subject to section 13, a Federal entity 
conducting or supporting activities directly affecting the flow of the 
Cache La Poudre River through the Area, or the natural resources of the 
Area shall--</DELETED>
        <DELETED>    (1) consult with the Commission with respect to 
        the activities;</DELETED>
        <DELETED>    (2) cooperate with the Commission in--</DELETED>
                <DELETED>    (A) carrying out the entity's duties in 
                accordance with established management plans; 
                and</DELETED>
                <DELETED>    (B) to the extent practicable, 
                coordinating the activities with the carrying out of 
                the entity's duties; and</DELETED>
        <DELETED>    (3) to the extent practicable, conduct or support 
        the activities in a manner consistent with the Plan and this 
        Act.</DELETED>
<DELETED>    (b) Authorization.--</DELETED>
        <DELETED>    (1) In general.--The Secretary or Administrator of 
        a Federal agency may acquire land in the flood plain of the 
        Area by exchange, based on fair market value. Land so acquired 
        shall be used to fulfill the purposes for which the Area is 
        established.</DELETED>
        <DELETED>    (2) Authorization to convey property.--The first 
        sentence of section 203(k)(3) of the Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 484(k)(3)) is 
        amended by striking ``historic monument, for the benefit of the 
        public'' and inserting ``historic monument or the Cache La 
        Poudre River National Water Heritage Area, for the benefit of 
        the public''.</DELETED>

<DELETED>SEC. 13. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS, 
              RESTRICTIONS, AND SAVINGS PROVISIONS.</DELETED>

<DELETED>    (a) Effect on Environmental and Other Standards.--
</DELETED>
        <DELETED>    (1) Voluntary cooperation.--In carrying out this 
        Act, the Commission and Secretary shall, to the maximum extent 
        feasible, emphasize voluntary cooperation.</DELETED>
        <DELETED>    (2) Rules, regulations, standards, and permit 
        processes.--Nothing in this Act shall be considered to impose 
        any environmental, occupational, safety, or other rule, 
        regulation, standard, or permit process that is different from 
        those that would be applicable had the Area not been 
        established.</DELETED>
        <DELETED>    (3) Environmental quality standards.--Nothing in 
        this Act shall be considered to impose the application or 
        administration of any Federal or State environmental quality 
        standard that is different from those that would be applicable 
        had the Area not been established.</DELETED>
        <DELETED>    (4) Water standards.--Nothing in this Act shall be 
        considered to impose any Federal or State water use designation 
        or water quality standard upon uses of, or discharges to, 
        waters of the State or waters of the United States, within or 
        adjacent to the Area, that is more restrictive than those that 
        would be applicable had the Area not been 
        established.</DELETED>
        <DELETED>    (5) Permitting of facilities.--Nothing in the 
        establishment of the Area shall abridge, restrict, or alter any 
        applicable rule, regulation, standard, or review procedure for 
        permitting of facilities within or adjacent to the 
        Area.</DELETED>
        <DELETED>    (6) Water facilities.--Nothing in the 
        establishment of the Area shall affect the continuing use and 
        operation, repair, rehabilitation, expansion, or new 
        construction of water supply facilities, water and wastewater 
        treatment facilities, stormwater facilities, public utilities, 
        and common carriers.</DELETED>
        <DELETED>    (7) Water and water rights.--Nothing in the 
        establishment of the Area shall be considered to authorize or 
        imply the reservation or appropriation of water or water 
        rights.</DELETED>
<DELETED>    (b) Restrictions on Commission and Secretary.--Nothing in 
this Act shall be construed to vest in the Commission or the Secretary 
the authority to--</DELETED>
        <DELETED>    (1) require a Federal agency, State agency, 
        political subdivision of the State, or private person to 
        participate in a project or program carried out by the 
        Commission or the Secretary under this Act;</DELETED>
        <DELETED>    (2) intervene as a party in an administrative or 
        judicial proceeding concerning the application or enforcement 
        of a regulatory authority of a Federal agency, State agency, or 
        political subdivision of the State, including authority 
        relating to--</DELETED>
                <DELETED>    (A) land use regulation;</DELETED>
                <DELETED>    (B) environmental quality;</DELETED>
                <DELETED>    (C) licensing;</DELETED>
                <DELETED>    (D) permitting;</DELETED>
                <DELETED>    (E) easements;</DELETED>
                <DELETED>    (F) private land development; or</DELETED>
                <DELETED>    (G) other occupational or access 
                issue;</DELETED>
        <DELETED>    (3) establish or modify a regulatory authority of 
        a Federal agency, State agency, or political subdivision of the 
        State, including authority relating to--</DELETED>
                <DELETED>    (A) land use regulation;</DELETED>
                <DELETED>    (B) environmental quality; or</DELETED>
                <DELETED>    (C) pipeline or utility 
                crossings;</DELETED>
        <DELETED>    (4) modify a policy of a Federal agency, State 
        agency, or political subdivision of the State;</DELETED>
        <DELETED>    (5) establish or modify any authority of the 
        State, State agency, or political subdivision of the State with 
        respect to the acquisition of lands or water, or interest in 
        lands or water;</DELETED>
        <DELETED>    (6) vest authority to reserve or appropriate water 
        or water rights;</DELETED>
        <DELETED>    (7) deny, condition, or restrict the construction, 
        repair, rehabilitation, or expansion of water facilities, 
        including stormwater, water, and wastewater treatment 
        facilities; or</DELETED>
        <DELETED>    (8) deny, condition, or restrict the exercise of 
        water rights by other persons.</DELETED>
<DELETED>    (c) Savings Provision.--Nothing in this Act shall 
diminish, enlarge, or modify a right of a Federal agency, State agency, 
or political subdivision of the State--</DELETED>
        <DELETED>    (1) to exercise civil and criminal jurisdiction 
        within the Area; or</DELETED>
        <DELETED>    (2) to tax persons, corporations, franchises, or 
        property, including minerals and other interests in or on lands 
        or waters within the urban river corridor portions of the 
        Area.</DELETED>

<DELETED>SEC. 14. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Commission.--</DELETED>
        <DELETED>    (1) In general.--There are authorized to be 
        appropriated $1,000,000 to the Commission to carry out this 
        Act.</DELETED>
        <DELETED>    (2) Matching funds.--Funds may be made available 
        pursuant to this section only to the extent they are matched by 
        equivalent funds or in-kind contributions of services or 
        materials from non-Federal sources.</DELETED>
<DELETED>    (b) Department of the Interior.--There are authorized to 
be appropriated annually to the Department of the Interior such sums as 
are necessary to carry out the Secretary's duties under this 
Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cache La Poudre River National Water 
Heritage Area Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to designate the Cache La Poudre Water 
National Heritage Area within the Cache La Poudre River Basin and to 
provide for the interpretation, for the educational and inspirational 
benefit of present and future generations, of the unique and 
significant contributions to our national heritage of cultural and 
historical lands, waterways, and structures within the Area.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Area.--The term ``Area'' means the Cache La Poudre 
        River National Water Heritage Area established by section 4(a).
            (2) Commission.--The term ``Commission'' means the Cache La 
        Poudre River National Water Heritage Area Commission 
        established by section 5(a).
            (3) Governor.--The term ``Governor'' means the Governor of 
        the State of Colorado.
            (4) Plan.--The term ``Plan'' means the water heritage area 
        interpretation plan prepared by the Commission pursuant to 
        section 9(a).
            (5) Political subdivision of the state.--The term 
        ``political subdivision of the State'' means a political 
        subdivision of the State of Colorado, any part of which is 
        located in or adjacent to the Area, including a county, city, 
        town, water conservancy district, or special district.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL WATER 
              HERITAGE AREA.

    (a) Establishment.--There is established in the State of Colorado 
the Cache La Poudre River National Water Heritage Area.
    (b) Boundaries.--The boundaries of this Area shall include those 
lands within the 100-year flood plain of the Cache La Poudre River 
Basin, beginning at a point where the Cache La Poudre River flows out 
of the Roosevelt National Forest and continuing east along said 
floodplain to a point one quarter of one mile west of the confluence of 
the Cache La Poudre River and the South Platte Rivers in Weld County, 
Colorado, comprising less than 35,000 acres, and generally depicted as 
the 100-year flood boundary on the Federal Flood Insurance maps listed 
below:
            (1) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080101 0146B, April 2, 1979. United States 
        Department of Housing and Urban Development, Federal Insurance 
        Administration.
            (2) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080101 0147B, April 2, 1979. United States 
        Department of Housing and Urban Development, Federal Insurance 
        Administration.
            (3) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080101 0162B, April 2, 1979. United States 
        Department of Housing and Urban Development, Federal Insurance 
        Administration.
            (4) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080101 0163C, March 18, 1986. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (5) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080101 0178C, March 18, 1986. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (6) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080102 0002B, February 15, 1984. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (7) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080101 0179C, March 18, 1986. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (8) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080101 0193D, November 17, 1993. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (9) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080101 0194D, November 17, 1993. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (10) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080101 0208C, November 17, 1993. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (11) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080101 0221C, November 17, 1993. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (12) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080266 0605D, September 27, 1991. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (13) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080264 0005A, September 27, 1991. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (14) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080266 0608D, September 27, 1991. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (15) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080266 0609C, September 28, 1982. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (16) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080266 0628C, September 28, 1982. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (17) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080184 0002B, July 16, 1979. United States 
        Department of Housing and Urban Development, Federal Insurance 
        Administration.
            (18) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080266 0636C, September 28, 1982. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (19) Flood insurance rate map, larimer county, co.--
        Community-Panel No. 080266 0637C, September 28, 1982. Federal 
        Emergency Management Agency, Federal Insurance Administration.
As soon as practicable after the date of enactment of this Act, the 
Secretary shall publish in the Federal Register a detailed description 
and map of the boundaries of the Area.
  (c) Public Access to Maps.--The maps shall be on file and available 
for public inspection in--
            (1) the offices of the Department of the Interior in 
        Washington, District of Columbia, and Denver, Colorado; and
            (2) local offices of the city of Fort Collins, Larimer 
        County, the city of Greeley, and Weld County.

SEC. 5. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL WATER 
              HERITAGE AREA COMMISSION.

    (a) Establishment.--
            (1) In general.--There is established the Cache La Poudre 
        River National Water Heritage Commission.
            (2) Function.--The Commission, in consultation with 
        appropriate Federal, State, and local authorities, shall 
        develop and implement an integrated plan to interpret elements 
        of the history of water development within the Area.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 15 
        members appointed not later than 6 months after the date of 
        enactment of this Act. Of these 15 members--
                    (A) 1 member shall be a representative of the 
                Secretary of the Interior which member shall be an ex 
                officio member;
                    (B) 1 member shall be a representative of the 
                Forest Service, appointed by the Secretary of 
                Agriculture, which member shall be an ex officio 
                member;
                    (C) 3 members shall be recommended by the Governor 
                and appointed by the Secretary, of whom--
                            (i) 1 member shall represent the State;
                            (ii) 1 member shall represent Colorado 
                        State University in Fort Collins; and
                            (iii) 1 member shall represent the Northern 
                        Colorado Water Conservancy District;
                    (D) 6 members shall be representatives of local 
                governments who are recommended by the Governor and 
                appointed by the Secretary, of whom--
                            (i) 1 member shall represent the city of 
                        Fort Collins;
                            (ii) 2 members shall represent Larimer 
                        County, 1 of which shall represent agriculture 
                        or irrigated water interests;
                            (iii) 1 member shall represent the city of 
                        Greeley;
                            (iv) 2 members shall represent Weld County, 
                        1 of which shall represent agricultural or 
                        irrigated water interests; and
                            (v) 1 member shall represent the city of 
                        Loveland; and
                    (E) 3 members shall be recommended by the Governor 
                and appointed by the Secretary, and shall--
                            (i) represent the general public;
                            (ii) be citizens of the State; and
                            (iii) reside within the Area.
            (2) Chairperson.--The chairperson of the Commission shall 
        be elected by the members of the Commission from among members 
        appointed under subparagraph (C), (D), or (E) of paragraph (1). 
        The chairperson shall be elected for a 2-year term.
            (3) Vacancies.--A vacancy on the Commission shall be filled 
        in the same manner in which the original appointment was made.
    (c) Terms of Service.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), each member of the Commission shall be appointed for a 
        term of 3 years and may be reappointed.
            (2) Initial members.--The initial members of the Commission 
        first appointed under subsection (b)(1) shall be appointed as 
        follows:
                    (A) 3-year terms.--The following initial members 
                shall serve for a 3-year term:
                            (i) The representative of the Secretary of 
                        the Interior.
                            (ii) 1 representative of Weld County.
                            (iii) 1 representative of Larimer County.
                            (iv) 1 representative of the city of 
                        Loveland.
                            (v) 1 representative of the general public.
                    (B) 2-year terms.--The following initial members 
                shall serve for a 2-year term:
                            (i) The representative of the Forest 
                        Service.
                            (ii) The representative of the State.
                            (iii) The representative of Colorado State 
                        University.
                            (iv) The representative of the Northern 
                        Colorado Water Conservancy District.
                (C) 1-year terms.--The following initial members shall 
                serve for a 1-year term:
                            (i) 1 representative of the city of Fort 
                        Collins.
                            (ii) 1 representative of Larimer County.
                            (iii) 1 representative of the city of 
                        Greeley.
                            (iv) 1 representative of Weld County.
                            (v) 1 representative of the general public.
            (3) Partial terms.--
                    (A) Filling vacancies.--A member of the Commission 
                appointed to fill a vacancy occurring before the 
                expiration of the term for which a predecessor was 
                appointed shall be appointed only for the remainder of 
                their term.
                    (B) Extended service.--A member of the Commission 
                may serve after the expiration of that member's term 
                until a successor has taken office.
    (d) Compensation.--Members of the Commission shall receive no 
compensation for their service on the Commission.
    (e) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
shall be allowed travel expenses, including per diem in lieu of 
subsistence, in the same manner as persons employed intermittently in 
the Government service are allowed expenses under section 5703 of title 
5, United States Code.

SEC. 6. STAFF OF THE COMMISSION.

    (a) Staff.--The Commission shall have the power to appoint and fix 
the compensation of such staff as may be necessary to carry out the 
duties of the Commission.
            (1) Appointment and compensation.--Staff appointed by the 
        Commission--
                    (A) shall be appointed without regard to the city 
                service laws and regulations; and
                    (B) shall be compensated without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates.
    (b) Experts and Consultants.--Subject to such rules as may be 
adopted by the Commission, the Commission may procure temporary and 
intermittent services to the same extent as is authorized by section 
3109(b) of title 5, United States Code, at rates for individuals that 
do not exceed the daily equivalent of the annual rate of basic pay 
prescribed for level V of the Executive Schedule under section 5316 of 
such title.
    (c) Staff of Other Agencies.--
            (1) Federal.--Upon request of the Commission, the head of a 
        Federal agency may detail, on a reimbursement basis, any of the 
        personnel of the agency to the Commission to assist the 
        Commission in carrying out the Commission's duties. The detail 
        shall be without interruption or loss of civil service status 
        or privilege.
            (2) Administrative support services.--The Administrator of 
        the General Services Administration shall provide to the 
        Commission, on a reimbursable basis, such administrative 
        support services as the Commission may request.
            (3) State.--The Commission may--
                    (A) accept the service of personnel detailed from 
                the State, State agencies, and political subdivisions 
                of the State; and
                    (B) reimburse the State, State agency, or political 
                subdivision of the State for such services.

SEC. 7. POWERS OF THE COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers necessary to 
        carry out this Act.
            (2) Subpoenas.--The Commission may not issue subpoenas or 
        exercise any subpoena authority.
    (b) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the Federal Government.
    (c) Matching Funds.--The Commission may use its funds to obtain 
money from any source under a program or law requiring the recipient of 
the money to make a contribution in order to receive the money.
    (d) Gifts.--
            (1) In general.--Except as provided in subsection (e)(3), 
        the Commission may, for the purpose of carrying out its duties, 
        seek, accept, and dispose of gifts, bequests, or donations of 
        money, personal property, or services, received from any 
        source.
            (2) Charitable contributions.--For the purpose of section 
        170(c) of the Internal Revenue Code of 1986, a gift to the 
        Commission shall be deemed to be a gift to the United States.
    (e) Real Property.--
            (1) In general.--Except as provided in paragraph (2) and 
        except with respect to a leasing of facilities under section 
        6(c)(2), the Commission may not acquire real property or an 
        interest in real property.
            (2) Exception.--Subject to paragraph (3), the Commission 
        may acquire real property in the Area, and interests in real 
        property in the Area--
                    (A) by gift or devise;
                    (B) by purchase from a willing seller with money 
                that was given or bequeathed to the Commission; or
                    (C) by exchange.
            (3) Conveyance to public agencies.--Any real property or 
        interest in real property acquired by the Commission under 
        paragraph (2) shall be conveyed by the Commission to an 
        appropriate non-Federal public agency, as determined by the 
        Commission. The conveyance shall be made--
                    (A) as soon as practicable after acquisition;
                    (B) without consideration; and
                    (C) on the condition that the real property or 
                interest in real property so conveyed is used in 
                furtherance of the purpose for which the Area is 
                established.
    (f) Cooperative Agreements.--For the purpose of carrying out the 
Plan, the Commission may enter into cooperative agreements with Federal 
agencies, State agencies, political subdivisions of the State, and 
persons. Any such cooperative agreement shall, at a minimum, establish 
procedures for providing notice to the Commission of any action that 
may affect the implementation of the Plan.
    (g) Advisory Groups.--The Commission may establish such advisory 
groups as it considers necessary to ensure open communication with, and 
assistance from Federal agencies, State agencies, political 
subdivisions of the State, and interested persons.
    (h) Modification of Plans.--
            (1) In general.--The Commission may modify the Plan if the 
        Commission determines that such modification is necessary to 
        carry out this Act.
            (2) Notice.--No modification shall take effect until--
                    (A) any Federal agency, State agency, or political 
                subdivision of the State that may be affected by the 
                modification receives adequate notice of, and an 
                opportunity to comment on, the modification;
                    (B) if the modification is significant, as 
                determined by the Commission, the Commission has--
                            (i) provided adequate notice of the 
                        modification by publication in the area of the 
                        Area; and
                            (ii) conducted a public hearing with 
                        respect to the modification; and
                    (C) the Governor has approved the modification.

SEC. 8. DUTIES OF THE COMMISSION.

    (a) Plan.--The Commission shall prepare, obtain approval for, 
implement, and support the Plan in accordance with section 9.
    (b) Meetings.--
            (1) Timing.--
                    (A) Initial meeting.--The Commission shall hold its 
                first meeting not later than 90 days after the date on 
                which its last initial member is appointed.
                    (B) Subsequent meetings.--After the initial 
                meeting, the Commission shall meet at the call of the 
                chairperson or 7 of its members, except that the 
                Commission shall meet at least quarterly.
            (2) Quorum.--Ten members of the Commission shall constitute 
        a quorum, but a lesser number of members may hold hearings.
            (3) Budget.--The affirmative vote of not less than 10 
        members of the Commission shall be required to approve the 
        budget of the Commission.
    (c) Annual Reports.--Not later than May 15 of each year, following 
the year in which the members of the Commission have been appointed, 
the Commission shall publish and submit, to the Secretary and to the 
Governor, an annual report concerning the Commission's activities.

SEC. 9. PREPARATION, REVIEW, AND IMPLEMENTATION OF THE PLAN.

    (a) Preparation of Plan.--
            (1) In general.--Not later than 2 years after the 
        Commission conducts its first meeting, the Commission shall 
        submit to the Governor a Water Heritage Area Interpretation 
        Plan.
            (2) Development.--In developing the Plan, the Commission 
        shall--
                    (A) consult on a regular basis with appropriate 
                officials of any Federal or State agency, political 
                subdivision of the State, and local government that has 
                jurisdiction over or an ownership interest in land, 
                water, or water rights within the Area; and
                    (B) conduct public hearings within the Area for the 
                purpose of providing interested persons the opportunity 
                to testify about matters to be addressed by the Plan.
            (3) Relationship to existing plans.--The Plan--
                    (A) shall recognize any existing Federal, State, 
                and local plans;
                    (B) shall not interfere with the implementation, 
                administration, or amendment of such plans; and
                    (C) to the extent feasible, shall seek to 
                coordinate the plans and present a unified 
                interpretation plan for the Area.
    (b) Review of Plan.--
            (1) In general.--The Commission shall submit the Plan to 
        the Governor for his review.
            (2) Governor.--The Governor may review the Plan and if he 
        concurs in the Plan, may submit the Plan to the Secretary, 
        together with any recommendations.
            (3) Secretary.--The Secretary shall approve or disapprove 
        the Plan within 90 days. In reviewing the Plan, the Secretary 
        shall consider the adequacy of--
                    (A) public participation; and
                    (B) the Plan in interpreting, for the educational 
                and inspirational benefit of present and future 
                generations, the unique and significant contributions 
                to our national heritage of cultural and historical 
                lands, waterways, and structures within the Area.
    (c) Disapproval of Plan.--
            (1) Notification by secretary.--If the Secretary 
        disapproves the Plan, the Secretary shall, not later than 60 
        days after the date of disapproval, advise the Governor and the 
        Commission of the reasons for disapproval, together with 
        recommendations for revision.
            (2) Revision and resubmission to governor.--Not later than 
        90 days after receipt of the notice of disapproval, the 
        Commission shall revise and resubmit the Plan to the Governor 
        for review.
            (3) Resubmission to secretary.--If the Governor concurs in 
        the revised Plan, he may submit the revised plan to the 
        Secretary who shall approve or disapprove the revision within 
        60 days. If the Governor does not concur in the revised plan, 
        he may resubmit it to the Commission together with his 
        recommendations for further consideration and modification.
    (d) Impementation of Plan.--After approval by the Secretary, the 
Commission shall implement and support the Plan as follows:
            (1) Cultural resources.--
                    (A) In general.--The Commission shall assist 
                Federal agencies, State agencies, political 
                subdivisions of the State, and nonprofit organizations 
                in the conservation and interpretation of cultural 
                resources within the Area.
                    (B) Exception.--In providing the assistance, the 
                Commission shall in no way infringe upon the 
                authorities and policies of a Federal agency, State 
                agency, or political subdivision of the State 
                concerning the administration and management of 
                property, water, or water rights held by such agency, 
                political subdivision, or private persons or entities, 
                or affect the jurisdiction of the State of Colorado 
                over any property, water, or water rights within the 
                Area.
            (2) Public awareness.--The Commission shall assist in the 
        enhancement of public awareness of, and appreciation for, the 
        historical, recreational, architectural, and engineering 
        structures in the Area, and the archaeological, geological, and 
        cultural resources and sites in the Area--
                    (A) by encouraging private owners of identified 
                structures, sites, and resources to adopt voluntary 
                measures for the preservation of the identified 
                structure, site, or resource; and
                    (B) by cooperating with Federal agencies, State 
                agencies, and political subdivisions of the State in 
                acquiring, on a willing seller basis, any identified 
                structure, site, or resource which the Commission, with 
                the concurrence of the Governor, determines should be 
                acquired and held by an agency of the State.
            (3) Restoration.--The Commission may assist Federal 
        agencies, State agencies, political subdivisions of the State, 
        and nonprofit organizations in the restoration of any 
        identified structure or site in the Area with consent of the 
        owner. The assistance may include providing technical 
        assistance for historic preservation, revitalization, and 
        enhancement efforts.
            (4) Interpretation.--The Commission shall assist in the 
        interpretation of the historical, present, and future uses of 
        the Area--
                    (A) by consulting with the Secretary with respect 
                to the implementation of the Secretary's duties under 
                section 11;
                    (B) by assisting the State and political 
                subdivisions of the State in establishing and 
                maintaining visitor orientation centers and other 
                interpretive exhibits within the Area;
                    (C) by encouraging voluntary cooperation and 
                coordination, with respect to ongoing interpretive 
                services in the Area, among Federal agencies, State 
                agencies, political subdivisions of the State, 
                nonprofit organizations, and private citizens, and
                    (D) by encouraging Federal agencies, State 
                agencies, political subdivisions of the State, and 
                nonprofit organizations to undertake new interpretive 
                initiatives with respect to the Area.
            (5) Recognition.--The Commission shall assist in 
        establishing recognition for the Area by actively promoting the 
        cultural, historical, natural, and recreational resources of 
        the Area on a community, regional, statewide, national, and 
        international basis.
            (6) Land exchanges.--The Commission shall assist in 
        identifying and implementing land exchanges within the State of 
        Colorado by Federal and State agencies that will expand open 
        space and recreational opportunities within the flood plain of 
        the Area.

SEC. 10. TERMINATION OF THE COMMISSION.

    (a) Termination.--Except as provided in subsection (b), the 
Commission shall terminate 5 years after the date of approval of the 
Plan by the Secretary.
    (b) Extension.--The Commission may be extended for a period of not 
more than 5 years from the date of termination established in 
subsection (a), if, not later than 180 days before that date--
            (1) the Commission determines that an extension is 
        necessary in order to carry out this Act;
            (2) the Commission submits a proposed extension to the--
                    (A) Governor;
                    (B) Committee on Resources of the House of 
                Representatives;
                    (C) Committee on Energy and Natural Resources of 
                the Senate; and
                    (D) Secretary of Agriculture;
            (3) the Governor notifies the Secretary that he concurs in 
        the extension, and
            (4) the Secretary approves the extension.

SEC. 11. DUTIES OF THE SECRETARY.

    (a) Acquisition of Land.--The Secretary may acquire land and 
interests in land within the Area that have been specifically 
identified by the Commission for acquisition by the Federal government 
and that have been approved for such acquisition by the Governor and 
the political subdivision of the State where the land is located by 
donation, purchase with donated or appropriated funds, or exchange. 
Acquisition authority may only be used if such lands cannot be acquired 
by donation or exchange. No land or interest in land may be acquired 
without the consent of the owner.
    (b) Technical Assistance.--The Secretary shall, upon the request of 
the Commission, provide technical assistance to the Commission in the 
preparation and implementation of the Plan pursuant to section 9.
    (c) Detail.--Each fiscal year during the existence of the 
Commission, the Secretary shall detail to the Commission, on a 
nonreimbursable basis, 2 employees of the Department of the Interior to 
enable the Commission to carry out the Commission's duties under 
section 8.

SEC. 12. OTHER FEDERAL ENTITIES.

    (a) Duties.--Subject to section 13, a Federal entity conducting or 
supporting activities directly affecting the flow of the Cache La 
Poudre River through the Area, or the natural resources of the Area 
shall consult with the Commission with respect to such activities;
    (b) Authorization.--
            (1) In general.--The Secretary or Administrator of a 
        Federal agency may acquire land in the flood plain of the Area 
        by exchange for other lands within such agency's jurisdiction 
        within the State of Colorado, based on fair market value: 
        Provided, That such lands have been identified by the 
        Commission for acquisition by a Federal agency and the Governor 
        and the political subdivision of the State or the owner where 
        the lands are located concur in the exchange. Land so acquired 
        shall be used to fulfill the purpose for which the Area is 
        established.
            (2) Authorization to convey property.--The first sentence 
        of section 203(k)(3) of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 484(k)(3)) is amended by 
        striking ``historic monument, for the benefit of the public'' 
        and inserting ``historic monument or any such property within 
        the State of Colorado for the Cache La Poudre River National 
        Water Heritage Area, for the benefit of the public''.

SEC. 13. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS, RESTRICTIONS, AND 
              SAVINGS PROVISIONS.

    (a) Effect on Environmental and Other Standards.--
            (1) Voluntary cooperation.--In carrying out this Act, the 
        Commission and Secretary shall emphasize voluntary cooperation.
            (2) Rules, regulations, standards, and permit processes.--
        Nothing in this Act shall be considered to impose or form the 
        basis for imposition of any environmental, occupational, 
        safety, or other rule, regulation, standard, or permit process 
        that is different from those that would be applicable had the 
        Area not been established.
            (3) Environmental quality standards.--Nothing in this Act 
        shall be considered to impose the application or administration 
        of any Federal or State environmental quality standard that is 
        different from those that will be applicable had the Area not 
        been established.
            (4) Water standards.--Nothing in this Act shall be 
        considered to impose any Federal or State water use designation 
        or water quality standard upon uses of, or discharges to, 
        waters of the State or waters of the United States, within or 
        adjacent to the Area, that is more restrictive than those that 
        would be applicable had the Area not been established.
            (5) Permitting of facilities.--Nothing in the establishment 
        of the Area shall abridge, restrict, or alter any applicable 
        rule, regulation, standard, or review procedure for permitting 
        of facilities within or adjacent to the Area.
            (6) Water facilities.--Nothing in the establishment of the 
        Area shall affect the continuing use and operation, repair, 
        rehabilitation, expansion, or new construction of water supply 
        facilities, water and wastewater treatment facilities, 
        stormwater facilities, public utilities, and common carriers.
            (7) Water and water rights.--Nothing in the establishment 
        of the Area shall be considered to authorize or imply the 
        reservation or appropriation of water or water rights for any 
        purpose.
    (b) Restrictions on Commission and Secretary.--Nothing in this Act 
shall be construed to vest in the Commission or the Secretary the 
authority to--
            (1) require a Federal agency, State agency, political 
        subdivision of the State, or private person to participate in a 
        project or program carried out by the Commission or the 
        Secretary under the Act;
            (2) intervene as a party in an administrative or judicial 
        proceeding concerning the application or enforcement of a 
        regulatory authority of a Federal agency, State agency, or 
        political subdivision of the State, including, but not limited 
        to, authority relating to--
                    (A) land use regulation;
                    (B) environmental quality;
                    (C) licensing;
                    (D) permitting;
                    (E) easements;
                    (F) private land development; or
                    (G) other occupational or access issue;
            (3) establish or modify a regulatory authority of a Federal 
        agency, State agency, or political subdivision of the State, 
        including authority relating to--
                    (A) land use regulation;
                    (B) environmental quality; or
                    (C) pipeline or utility crossings;
            (4) modify a policy of a Federal agency, State agency, or 
        political subdivision of the State;
            (5) attest in any manner the authority and jurisdiction of 
        the State with respect to the acquisition of lands or water, or 
        interest in lands or water;
            (6) vest authority to reserve or appropriate water or water 
        rights in any entity for any purpose;
            (7) deny, condition, or restrict the construction, repair, 
        rehabilitation, or expansion of water facilities, including 
        stormwater, water, and wastewater treatment facilities; or
            (8) deny, condition, or restrict the exercise of water 
        rights in accordance with the substantive and procedural 
        requirements of the laws of the State.
    (c) Savings Provision.--Nothing in this Act shall diminish, 
enlarge, or modify a right of a Federal agency, State agency, or 
political subdivision of the State--
            (1) to exercise civil and criminal jurisdiction within the 
        Area; or
            (2) to tax persons, corporations, franchises, or property, 
        including minerals and other interests in or on lands or waters 
        within the urban river corridor portions of the Area.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) Commission.--
            (1) In general.--There are authorized to be appropriated 
        not to exceed $250,000 to the Commission to carry out this Act.
            (2) Matching funds.--Funds may be made available pursuant 
        to this section only to the extent they are matched by 
        equivalent funds or in-kind contributions of services or 
        materials from non-Federal sources.
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