II

104TH CONGRESS

1ST SESSION S. 342

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

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’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the Cache La Poudre River Basin rep9 resents a nationally significant historical, rec-
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1 reational, scenic, cultural, natural, economic, and

2 scientific resource;

3 (2) sites and structures within the Cache La

4 Poudre River Basin symbolize in physical form—

5 (A) the development and management of

6 water resources critical to the westward expan7 sion of the Nation; and

8 (B) the sociocultural evolution of a work9 ing river from aboriginal tribes, through—

10 (i) early exploration;

11 (ii) 19th century settlement;

12 (iii) development of a water dependent

13 agricultural economy; and

14 (iv) an ongoing transition to present

15 day urban development;

16 (3) the Cache La Poudre River National Water

17 Heritage Area will represent the first working river,

18 within the National Park Service’s management

19 theme of the history of water development and river

20 basin management in the westward expansion of the

21 United States, that will demonstrate the historical,

22 present, and future utilization of a river in the devel23 opment of the western United States;

24 (4) establishment of a Cache La Poudre River

25 National Water Heritage Area will provide a unique
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1 opportunity to observe and understand the utiliza2 tion of a working river as societal needs and de3 mands change, both in a historical context, and as

4 development and use of the Cache La Poudre River

5 change in the future;

6 (5) establishment of a Cache La Poudre River

7 National Water Heritage Area will provide for the

8 maintenance and development of needed recreational

9 and natural open space necessary to the urban envi10 ronment; and

11 (6) despite efforts by State agencies, political

12 subdivisions of the State, volunteer organizations,

13 and private businesses, the cultural, historical, edu14 cational, and recreational resources of the Cache La

15 Poudre River Basin have not realized full potential

16 and may be lost without assistance from the Federal

17 Government.

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

19 (1) retain, enhance, and interpret, for the edu20 cational and inspirational benefit of present and fu21 ture generations, the unique and significant con22 tributions to our national heritage of cultural and

23 historical lands, waterways, and structures within

24 the Cache La Poudre River Basin;
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1 (2) provide an interpretive and management

2 framework that may be used by present and future

3 generations to observe how the changing and grow4 ing needs of all the various water users within the

5 Basin affect the use of the River over time, includ6 ing the structural and technological changes made to

7 the various water delivery, water storage, water

8 treatment, wastewater facilities, and stormwater fa9 cilities, located within the Basin;

10 (3) provide a framework to assist the State

11 agencies and political subdivisions of the State in the

12 development of a plan to retain, enhance, and inter13 pret the significant values (past, present, and fu14 ture) of the lands, waters, and structures of the

15 Basin, where feasible, consistent with the present

16 and future development and use of the Cache La

17 Poudre River for all beneficial purposes, as defined

18 by State law; and

19 (4) recognize the special importance of the

20 urban river corridor through Fort Collins, Colorado,

21 in the interpretation and management of the history

22 of water development theme.

23 SEC. 3. DEFINITIONS.

24 As used in this Act:
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1 (1) AREA.—The term ‘‘Area’’ means the Cache

2 La Poudre River National Water Heritage Area es3 tablished by section 4(a).

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

5 means the Cache La Poudre River National Water

6 Heritage Area Commission established by section

7 5(a).

8 (3) HISTORY OF WATER DEVELOPMENT

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

10 theme’’ means the management theme of the Na11 tional Park Service relating to the history of water

12 development and river basin management in the

13 westward expansion of the United States.

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

15 the Governor of the State of Colorado.

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

17 heritage area interpretation and management plan

18 prepared by the Commission pursuant to section

19 9(a).

20 (6) POLITICAL SUBDIVISION OF THE STATE.—

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

22 a political subdivision of the State of Colorado, any

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

24 including a county, city, town, water conservancy

25 district, or special district.
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1 (7) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

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

4 of Colorado.

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

6 NATIONAL WATER HERITAGE AREA.

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

8 is established in the State of Colorado the Cache La

9 Poudre River National Water Heritage Area.

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

11 include those lands generally depicted on the map entitled

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

13 Heritage Area’’ numbered lllll and dated

14 lllllllllllll. As soon as practicable

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

16 publish in the Federal Register a detailed description and

17 map of the boundaries of the Area.

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

19 file and available for public inspection in—

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

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

23 Denver, Colorado; and

24 (3) local offices of—

25 (A) the city of Fort Collins;
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1 (B) Larimer County;

2 (C) the city of Greeley; and

3 (D) Weld County.

4 (d) ADMINISTRATION.—The Area shall be adminis5 tered in accordance with this Act.

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

7 NATIONAL WATER HERITAGE AREA COMMIS8 SION.

9 (a) ESTABLISHMENT.—

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

11 Cache La Poudre River National Water Heritage

12 Area Commission.

13 (2) FUNCTION.—The Commission shall coordi14 nate with appropriate Federal, State, and local au15 thorities in the development and implementation of

16 an integrated plan to interpret and manage elements

17 of the history of water development theme.

18 (b) MEMBERSHIP.—

19 (1) COMPOSITION.—The Commission shall be

20 composed of 15 members appointed not later than 6

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

22 these 15 members—

23 (A) 1 member shall be the Director of the

24 National Park Service (who shall be an ex

25 officio member), or a delegate of the Director;
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1 (B) 1 member shall be a representative of

2 the Forest Service, appointed by the Secretary

3 of Agriculture, which member shall be an ex

4 officio member;

5 (C) 3 members shall be recommended by

6 the Governor and appointed by the Secretary,

7 of whom—

8 (i) 1 member shall represent the

9 State;

10 (ii) 1 member shall represent Colo11 rado State University in Fort Collins; and

12 (iii) 1 member shall represent the

13 Northern Colorado Water Conservancy

14 District;

15 (D) 6 members shall be representatives of

16 local governments who are recommended by the

17 Governor and appointed by the Secretary, of

18 whom—

19 (i) 1 member shall represent the city

20 of Fort Collins;

21 (ii) 2 members shall represent

22 Larimer County;

23 (iii) 1 member shall represent the city

24 of Greeley;
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1 (iv) 2 members shall represent Weld

2 County; and

3 (v) 1 member shall represent the city

4 of Loveland; and

5 (E) 3 members shall be recommended by

6 the Governor and appointed by the Secretary,

7 and shall—

8 (i) represent the general public;

9 (ii) be citizens of the State; and

10 (iii) reside in the area through which

11 the Area extends.

12 (2) CHAIRPERSON.—The chairperson of the

13 Commission shall be elected by the members of the

14 Commission from among members appointed under

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

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

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

18 shall be filled in the same manner in which the origi19 nal appointment was made.

20 (c) TERMS OF SERVICE.—

21 (1) IN GENERAL.—Except as provided in para22 graphs (2) and (3), each member of the Commission

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

24 reappointed.
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1 (2) INITIAL MEMBERS.—The initial members of

2 the Commission first appointed under subsection

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

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

5 members shall serve for a 3-year term:

6 (i) The Director of the National Park

7 Service (or the delegate of the Director).

8 (ii) 1 representative of Weld County.

9 (iii) 1 representative of Larimer

10 County.

11 (iv) 1 representative of the city of

12 Loveland.

13 (v) 1 representative of the general

14 public.

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

16 members shall serve for a 2-year term:

17 (i) The representative of the Forest

18 Service.

19 (ii) The representative of the State.

20 (iii) The representative of Colorado

21 State University.

22 (iv) The representative of the North23 ern Colorado Water Conservancy District.

24 (C) 1-YEAR TERMS.—The following initial

25 members shall serve for a 1-year term:
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1 (i) 1 representative of the city of Fort

2 Collins.

3 (ii) 1 representative of Larimer

4 County.

5 (iii) 1 representative of the city of

6 Greeley.

7 (iv) 1 representative of Weld County.

8 (v) 1 representative of the general

9 public.

10 (3) PARTIAL TERMS.—

11 (A) FILLING VACANCIES.—A member of

12 the Commission appointed to fill a vacancy oc13 curring before the expiration of the term for

14 which a predecessor was appointed shall be ap15 pointed only for the remainder of the term.

16 (B) EXTENDED SERVICE.—A member of

17 the Commission may serve after the expiration

18 of that member’s term until a successor has

19 taken office.

20 (d) COMPENSATION.—Members of the Commission

21 shall receive no compensation for their service on the Com22 mission.

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

24 homes or regular places of business in the performance

25 of services for the Commission, members shall be allowed
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1 travel expenses, including per diem in lieu of subsistence,

2 in the same manner as persons employed intermittently

3 in the Government service are allowed expenses under sec4 tion 5703 of title 5, United States Code.

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

6 (a) IN GENERAL.—

7 (1) DIRECTOR.—

8 (A) IN GENERAL.—Based on recommenda9 tions from the Commission, the Secretary of the

10 Interior shall appoint a Director who shall carry

11 out the decisions of the Commission.

12 (B) COMPENSATION.—The Director shall

13 be compensated at a rate not to exceed the min14 imum rate of basic pay prescribed for level GS–

15 13 of the General Schedule.

16 (2) STAFF.—

17 (A) IN GENERAL.—The Commission shall

18 have the power to appoint and fix the com19 pensation of such staff as may be necessary to

20 carry out the duties of the Commission.

21 (B) APPOINTMENT AND COMPENSATION.—

22 Staff appointed by the Commission—

23 (i) shall be appointed without regard

24 to the civil service laws and regulations;

25 and
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1 (ii) shall be compensated without re2 gard to the provisions of chapter 51 and

3 subchapter III of chapter 53 of title 5,

4 United States Code, relating to classifica5 tion of positions and General Schedule pay

6 rates.

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

8 rules as may be adopted by the Commission, the Commis9 sion may procure temporary and intermittent services to

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

11 5, United States Code, at rates for individuals that do not

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

13 prescribed for level V of the Executive Schedule under sec14 tion 5316 of such title.

15 (c) STAFF OF OTHER AGENCIES.—

16 (1) FEDERAL.—Upon request of the Commis17 sion, the head of a Federal agency may detail, on a

18 reimbursable basis, any of the personnel of the agen19 cy to the Commission to assist the Commission in

20 carrying out the Commission’s duties. The detail

21 shall be without interruption or loss of civil service

22 status or privilege.

23 (2) ADMINISTRATIVE SUPPORT SERVICES.—The

24 Administrator of the General Services Administra25 tion shall provide to the Commission, on a reimburs-
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1 able basis, such administrative support services as

2 the Commission may request.

3 (3) STATE.—The Commission may—

4 (A) accept the services of personnel de5 tailed from the State, State agencies, and politi6 cal subdivisions of the State; and

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

8 political subdivision of the State for the serv9 ices.

10 SEC. 7. POWERS OF THE COMMISSION.

11 (a) HEARINGS.—

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

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

14 take such testimony, and receive such evidence as

15 the Commission considers necessary to carry out this

16 Act.

17 (2) SUBPOENAS.—The Commission may not

18 issue subpoenas or exercise subpoena authority.

19 (b) ASSISTANCE WITH THEME.—

20 (1) IN GENERAL.—The Commission may pro21 vide advice, recommendations, and assistance to the

22 Secretary in the development and implementation of

23 plans for the interpretation of the history of water

24 development theme.
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1 (2) COORDINATE.—The Commission may co2 ordinate the integration of the history of water de3 velopment theme with other plans of the Department

4 of the Interior.

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

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

8 Government.

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

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

12 a contribution in order to receive the money.

13 (e) GIFTS.—

14 (1) IN GENERAL.—Except as provided in sub15 section (f)(3)(B), the Commission may, for the pur16 pose of carrying out its duties, seek, accept, and dis17 pose of gifts, bequests, or donations of money, per18 sonal property, or services, received from any source.

19 (2) CHARITABLE CONTRIBUTIONS.—For the

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

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

22 deemed to be a gift to the United States for the ben23 efit of the Area.

24 (f) REAL PROPERTY.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2) and except with respect to a leasing of fa3 cilities under section 6(c)(2), the Commission may

4 not acquire real property or an interest in real prop5 erty.

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

7 Commission may acquire real property in the Area,

8 and interests in real property in the Area—

9 (A) by gift or devise;

10 (B) by purchase from a willing seller with

11 money that was given or bequeathed to the

12 Commission; or

13 (C) by exchange.

14 (3) CONVEYANCE TO PUBLIC AGENCIES.—Any

15 real property or interest in real property acquired by

16 the Commission under paragraph (2) shall be con17 veyed by the Commission to an appropriate public

18 agency, as determined by the Commission. The con19 veyance shall be made—

20 (A) as soon as practicable after acquisi21 tion;

22 (B) without consideration; and

23 (C) on the condition that the real property

24 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-
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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.
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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
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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.
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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;
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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.
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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.

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