II 

Calendar No. 637 

110TH CONGRESS 

2D SESSION S. 128 

[Report No. 110–285] 

To amend the Cache La Poudre River Corridor Act to designate a new 

management entity, make certain technical and conforming amendments, 

enhance private property protections, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. ALLARD (for himself and Mr. SALAZAR) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

APRIL 10, 2008 

Reported by Mr. BINGAMAN, with an amendment and an amendment to the 

title 

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

A BILL 

To amend the Cache La Poudre River Corridor Act to designate a new management entity, make certain technical 

and conforming amendments, enhance private property 

protections, 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 National Heritage Area Technical Amendments Act of 

4 2007’’. 

5 SEC. 2. CACHE LA POUDRE RIVER NATIONAL HERITAGE 

6 AREA. 

7 (a) PURPOSE.—Section 101 of the Cache La Poudre 

8 River Corridor Act (16 U.S.C. 461 note; Public Law 104– 

9 323) is amended— 

10 (1) by striking ‘‘Cache La Poudre Corridor’’ 

11 and inserting ‘‘Cache la Poudre River National Her12 itage Area’’; 

13 (2) by striking ‘‘Cache La Poudre River Basin’’ 

14 and inserting ‘‘Cache la Poudre River Basin’’; and 

15 (3) by striking ‘‘the Corridor’’ and inserting 

16 ‘‘the Heritage Area’’. 

17 (b) DEFINITIONS.—Section 102 of the Cache La 

18 Poudre River Corridor Act (16 U.S.C. 461 note; Public 

19 Law 104–323) is amended— 

20 (1) by striking paragraph (1) and inserting the 

21 following: 

22 ‘‘(1) ALLIANCE.—The term ‘Alliance’ means 

23 the Poudre Heritage Alliance, a nonprofit corpora24 tion incorporated in the State of Colorado.’’; 

25 (2) by striking paragraphs (2) and (3) and in26 serting the following: 


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1 ‘‘(2) GOVERNOR.—The term ‘Governor’ means 

2 the Governor of the State of Colorado. 

3 ‘‘(3) HERITAGE AREA.—The term ‘Heritage 

4 Area’ means the Cache la Poudre River National 

5 Heritage Area established by section 103(a).’’; 

6 (3) by striking paragraph (4) and inserting the 

7 following: 

8 ‘‘(4) PLAN.—The term ‘Plan’ means the Cache 

9 la Poudre River National Heritage Area manage10 ment plan prepared by the Alliance under section 

11 105.’’; and 

12 (4) in paragraph (5), by striking ‘‘Corridor’’ 

13 and inserting ‘‘Heritage Area’’. 

14 (c) ESTABLISHMENT AND BOUNDARIES; LAND15 OWNER WITHDRAWAL AUTHORITY.—Section 103 of the 

16 Cache La Poudre River Corridor Act (16 U.S.C. 461 note; 

17 Public Law 104–323) is amended— 

18 (1) in subsection (a), by striking ‘‘Cache La 

19 Poudre Corridor’’ and inserting ‘‘Cache la Poudre 

20 River National Heritage Area’’; 

21 (2) in subsection (b)— 

22 (A) by striking ‘‘the boundaries of the Cor23 ridor’’ and inserting ‘‘the boundaries of the 

24 Heritage Area’’; 


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1 (B) by striking ‘‘Cache La Poudre River’’ 

2 each place it appears and inserting ‘‘Cache la 

3 Poudre River’’; and 

4 (C) by striking ‘‘and generally depicted’’ 

5 and all that follows through the period at the 

6 end of the matter following paragraph (19) and 

7 inserting ‘‘as generally depicted on the map en8 titled ‘Cache la Poudre River National Heritage 

9 Area’, numbered 960/80,003, and dated April, 

10 2004.’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(d) MANAGEMENT ENTITY.—The Alliance shall be 

13 the management entity for the Heritage Area. 

14 ‘‘(e) LANDOWNER WITHDRAWAL.—On submission to 

15 the Alliance of a written request by an owner of private 

16 property included within the boundary of the Heritage 

17 Area, the private property shall be removed from the Her18 itage Area.’’. 

19 SEC. 3. POUDRE HERITAGE ALLIANCE. 

20 Section 104 of the Cache La Poudre River Corridor 

21 Act (16 U.S.C. 461 note; Public Law 104–323) is amend22 ed to read as follows: 

23 ‘‘SEC. 104. AUTHORITIES AND DUTIES OF THE ALLIANCE. 

24 ‘‘(a) DUTIES OF THE ALLIANCE.—To further the 

25 purposes of the Heritage Area, the Alliance shall— 


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1 ‘‘(1) prepare, obtain approval for, implement, 

2 and support the Plan in accordance with section 

3 105; 

4 ‘‘(2) administer the Heritage Area; 

5 ‘‘(3) conduct meetings regarding the develop6 ment and implementation of the Plan at least quar7 terly that are open to the public; 

8 ‘‘(4) for any fiscal year in which the Alliance 

9 receives Federal funds under this Act— 

10 ‘‘(A) submit to the Secretary an annual re11 port that describes the accomplishments, ex12 penses, and income of the Alliance, including 

13 grants provided to any other entities during the 

14 fiscal year; and 

15 ‘‘(B)(i) make available for audit all infor16 mation relating to the expenditure of the Fed17 eral funds and any matching funds; and 

18 ‘‘(ii) in any agreement authorizing expendi19 tures of Federal funds by other organizations, 

20 require that the receiving organizations make 

21 available for audit all records and other infor22 mation relating to the expenditure of the Fed23 eral funds; 


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1 ‘‘(5) encourage by appropriate means economic 

2 viability that is consistent with the purposes of the 

3 Heritage Area; and 

4 ‘‘(6) carry out other duties of the Alliance as 

5 required under this Act. 

6 ‘‘(b) AUTHORITIES.—The Alliance may, for the pur7 poses of preparing and implementing the Plan, use Fed8 eral funds made available under this Act to— 

9 ‘‘(1) make grants to the State of Colorado, po10 litical subdivisions of the State, nonprofit organiza11 tions, and other persons; 

12 ‘‘(2) enter into cooperative agreements with, or 

13 provide technical assistance to, the State of Colo14 rado, political subdivisions of the State, nonprofit or15 ganizations, and other interested persons; 

16 ‘‘(3) hire and compensate staff, including indi17 viduals with expertise in cultural, historic, and nat18 ural resources protection and heritage programming; 

19 ‘‘(4) obtain money or services from any source, 

20 including money or services that are provided under 

21 any other Federal law or program; 

22 ‘‘(5) contract for goods or services; and 

23 ‘‘(6) support activities that— 

24 ‘‘(A) further the purposes of the Heritage 

25 Area; and 


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1 ‘‘(B) are consistent with the approved 

2 Plan. 

3 ‘‘(c) ACQUISITION OF LAND AND REAL PROPERTY.— 

4 ‘‘(1) ACQUISITION OF REAL PROPERTY.— 

5 ‘‘(A) PROHIBITION ON USE OF FEDERAL

6 FUNDS.—The Alliance shall not use Federal 

7 funds received under this Act to acquire real 

8 property. 

9 ‘‘(B) OTHER FUNDS.—Notwithstanding 

10 subparagraph (A), the Alliance may acquire 

11 real property using any other source of funding, 

12 including other Federal funding. 

13 ‘‘(2) ACQUISITION OF LAND FROM WILLING

14 SELLERS.—No land or interest in land may be ac15 quired by the Secretary or the Alliance under this 

16 Act without the consent of the owner of the land or 

17 interest.’’. 

18 SEC. 4. CACHE LA POUDRE RIVER NATIONAL HERITAGE 

19 AREA MANAGEMENT PLAN. 

20 (a) IN GENERAL.—The Cache La Poudre River Cor21 ridor Act (16 U.S.C. 461 note; Public Law 104–323) is 

22 amended by striking sections 105 through 109 and insert23 ing the following: 


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1 ‘‘SEC. 105. CACHE LA POUDRE RIVER NATIONAL HERITAGE 

2 AREA MANAGEMENT PLAN. 

3 ‘‘(a) REQUIREMENTS.—The Alliance shall prepare 

4 and submit to the Secretary for approval a management 

5 plan for the Heritage Area that— 

6 ‘‘(1) describes comprehensive policies, goals, 

7 strategies, and recommendations for— 

8 ‘‘(A) telling the story of the heritage of the 

9 Heritage Area; and 

10 ‘‘(B) encouraging long-term resource pro11 tection, enhancement, interpretation, funding, 

12 management, and development of the Heritage 

13 Area; 

14 ‘‘(2) includes a description of actions and com15 mitments that State and local governments, private 

16 organizations, and citizens in the Heritage Area will 

17 take to protect, enhance, and interpret the cultural, 

18 historic, natural, and scenic resources of the Herit19 age Area; 

20 ‘‘(3) specifies existing and potential sources of 

21 funding or economic development strategies to pro22 tect, enhance, interpret, fund, manage, and develop 

23 the Heritage Area; 

24 ‘‘(4) includes an inventory of the cultural, edu25 cational, historical, natural, recreational, and scenic 

26 resources of the Heritage Area and associated sites 


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1 relating to the stories and themes of the region that 

2 should be protected, enhanced, managed or devel3 oped; 

4 ‘‘(5) recommends policies and strategies for re5 source management, including the development of 

6 intergovernmental and interagency agreements to 

7 protect the cultural, educational, historic, natural, 

8 recreational, and scenic resources of the Heritage 

9 Area; 

10 ‘‘(6) describes a program of implementation for 

11 the Plan, including— 

12 ‘‘(A) performance goals; 

13 ‘‘(B) plans for resource protection, en14 hancement, and interpretation; and 

15 ‘‘(C) specific commitments for implementa16 tion that have been made by the Alliance or any 

17 government, organization, business, or indi18 vidual in the Heritage Area; 

19 ‘‘(7) includes an analysis of, and recommenda20 tions for, ways in which Federal, State, and local 

21 programs may best be coordinated to further the 

22 purposes of this Act, including an analysis of the 

23 role of the National Park Service and other Federal 

24 agencies associated with the Heritage Area; and 

25 ‘‘(8) includes a business plan that— 


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1 ‘‘(A) describes the role, operation, financ2 ing, and functions of— 

3 ‘‘(i) the Alliance; and 

4 ‘‘(ii) each of the major activities in5 cluded in the Plan; and 

6 ‘‘(B) provides adequate assurances that 

7 the Alliance has the partnerships and financial 

8 and other resources necessary to implement the 

9 Plan. 

10 ‘‘(b) TERMINATION OF FUNDING.—If the Plan is not 

11 submitted to the Secretary in accordance with this section, 

12 the Secretary shall not provide to the Alliance any addi13 tional financial assistance under this Act until the Plan 

14 is submitted to and approved by the Secretary under this 

15 section. 

16 ‘‘(c) APPROVAL OF PLAN.— 

17 ‘‘(1) REVIEW.—Not later than 180 days after 

18 the date of receipt of the management plan under 

19 subsection (a), the Secretary, in consultation with 

20 the Governor, shall review and approve or disapprove 

21 the Plan. 

22 ‘‘(2) CRITERIA.—In determining whether to ap23 prove the Plan, the Secretary shall consider wheth24 er— 


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1 ‘‘(A) the Alliance is representing the di2 verse interests of the Heritage Area, includ3 ing— 

4 ‘‘(i) governments; 

5 ‘‘(ii) natural and historic resource 

6 protection organizations; 

7 ‘‘(iii) educational institutions; 

8 ‘‘(iv) businesses; 

9 ‘‘(v) recreational organizations; 

10 ‘‘(vi) community residents; and 

11 ‘‘(vii) private property owners; 

12 ‘‘(B) the Alliance provided adequate oppor13 tunity, workshops, and hearings for public and 

14 governmental involvement in the preparation of 

15 the Plan; 

16 ‘‘(C) the Alliance includes provisions for at 

17 least semiannual public meetings to ensure ade18 quate implementation of the Plan; 

19 ‘‘(D) the resource protection and interpre20 tation strategies in the Plan would adequately 

21 protect, enhance, and interpret the cultural, his22 toric, natural, and scenic resources of the Her23 itage Area; 


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1 ‘‘(E) the Plan would adversely affect any 

2 activities authorized on Federal land under pub3 lic land laws or land use plans; 

4 ‘‘(F) the Alliance has demonstrated finan5 cial capability, in partnership with others, to 

6 carry out the Plan; 

7 ‘‘(G) the Secretary has received adequate 

8 assurances from the appropriate State and local 

9 officials, the support of which is needed to en10 sure the effective implementation of the State 

11 and local aspects of the Plan; and 

12 ‘‘(H) the Plan demonstrates partnerships 

13 among the Alliance, Federal, State, and local 

14 governments, regional planning organizations, 

15 nonprofit organizations, or private-sector par16 ties for implementation of the Plan. 

17 ‘‘(3) ACTION FOLLOWING DISAPPROVAL.—If the 

18 Secretary disapproves the Plan under paragraph (1), 

19 the Secretary shall— 

20 ‘‘(A) advise the Alliance in writing of the 

21 reasons for the disapproval; 

22 ‘‘(B) make recommendations for revisions 

23 to the Plan; and 


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1 ‘‘(C) not later than 180 days after the date 

2 of receipt of a proposed revision to the Plan, 

3 approve or disapprove the proposed revision. 

4 ‘‘(4) AMENDMENTS.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 review and approve or disapprove each amend7 ment to the Plan that the Secretary determines 

8 may substantially alter the purposes of the Her9 itage Area. 

10 ‘‘(B) USE OF FUNDS.—Funds made avail11 able under this Act shall not be expended by 

12 the management entity to implement an amend13 ment described in subparagraph (A) until the 

14 Secretary approves the amendment.’’. 

15 (b) CONFORMING AMENDMENTS.—The Cache La 

16 Poudre River Corridor Act (16 U.S.C. 461 note; Public 

17 Law 104–323) is amended by redesignating sections 110, 

18 111, 112, and 113 as sections 106, 107, 108, and 109, 

19 respectively. 

20 SEC. 5. DUTIES AND AUTHORITIES OF THE SECRETARY OF 

21 THE INTERIOR. 

22 Section 106 of the Cache La Poudre River Corridor 

23 Act (16 U.S.C. 461 note; Public Law 104–323) (as redes24 ignated by section 4(b)) is amended— 


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1 (1) by striking the heading and inserting the 

2 following: 

3 ‘‘SEC. 106. DUTIES AND AUTHORITIES OF THE SECRETARY.’’; 

4 (2) by striking subsections (a) and (c); 

5 (3) by redesignating subsection (b) as sub6 section (a); 

7 (4) in subsection (a) (as redesignated by para8 graph (2))— 

9 (A) by striking ‘‘Commission’’ each place it 

10 appears and inserting ‘‘Alliance’’; and 

11 (B) by striking ‘‘section 108’’ and insert12 ing ‘‘section 105’’; and 

13 (5) by adding at the end the following: 

14 ‘‘(b) COOPERATIVE AGREEMENTS.— 

15 ‘‘(1) IN GENERAL.—The Secretary may enter 

16 into cooperative agreements with the Alliance for the 

17 purpose of carrying out the Plan. 

18 ‘‘(2) REQUIREMENTS.—Any cooperative agree19 ment shall, at a minimum, establish procedures for 

20 providing notice to the Alliance of any action that 

21 may affect the implementation of the Plan.’’. 

22 SEC. 6. OTHER FEDERAL ENTITIES. 

23 Section 107 of the Cache La Poudre River Corridor 

24 Act (16 U.S.C. 461 note; Public Law 104–323) (as redes25 ignated by section 4(b)) is amended— 


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1 (1) in subsection (a), by striking ‘‘section 112’’ 

2 and inserting ‘‘section 108’’; 

3 (2) by striking ‘‘Corridor’’ each place it appears 

4 and inserting ‘‘Heritage Area’’; 

5 (3) by striking ‘‘Commission’’ each place it ap6 pears and inserting ‘‘Alliance’’; and 

7 (4) by striking ‘‘Cache La Poudre’’ each place 

8 it appears and inserting ‘‘Cache la Poudre’’. 

9 SEC. 7. EFFECT ON ENVIRONMENTAL AND OTHER STAND10 ARDS, RESTRICTIONS, AND SAVINGS PROVI11 SIONS. 

12 Section 108 of the Cache La Poudre River Corridor 

13 Act (16 U.S.C. 461 note; Public Law 104–323) (as redes14 ignated by section 4(b)) is amended— 

15 (1) by striking subsections (c) and (d) and in16 serting the following: 

17 ‘‘(c) PRESERVATION, CONSERVATION, AND PRO18 MOTION OF PRIVATE PROPERTY.—No private property 

19 shall be preserved, conserved, or promoted under the Plan 

20 until— 

21 ‘‘(1) the Alliance notifies the owner of the pri22 vate property in writing; and 

23 ‘‘(2) the owner of the private property provides 

24 to the management entity written consent for the 

25 preservation, conservation, or promotion. 


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1 ‘‘(d) SAVINGS PROVISION.—Nothing in this Act— 

2 ‘‘(1) diminishes, enlarges, or modifies a right of 

3 a Federal agency, State agency, or political subdivi4 sion of the State— 

5 ‘‘(A) to exercise civil and criminal jurisdic6 tion within the Heritage Area; or 

7 ‘‘(B) to tax persons, corporations, fran8 chises, or property, including minerals and 

9 other interests in or on land or water within the 

10 urban portions of the Heritage Area; 

11 ‘‘(2) authorizes the regulation of private land in 

12 the Heritage Area; 

13 ‘‘(3) authorizes the imposition of any manda14 tory streamflow requirements in the Heritage Area; 

15 ‘‘(4) creates an express or implied Federal re16 served water right; 

17 ‘‘(5) imposes any Federal water quality stand18 ard within or upstream of the Heritage Area that is 

19 more restrictive than would be applicable had the 

20 Heritage Area not been established; or 

21 ‘‘(6) prevents the State of Colorado from ac22 quiring an instream flow through the Heritage Area 

23 under the terms, conditions, and limitations of State 

24 law to assist in protecting the natural environment 


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1 to the extent and for the purposes authorized by 

2 State law.’’; 

3 (2) by striking ‘‘Corridor’’ each place it appears 

4 and inserting ‘‘Heritage Area’’; and 

5 (3) by striking ‘‘Commission’’ each place it ap6 pears and inserting ‘‘Alliance’’. 

7 SEC. 8. PRIVATE PROPERTY PROTECTIONS. 

8 The Cache La Poudre River Corridor Act (16 U.S.C. 

9 461 note; Public Law 104–323) is amended by inserting 

10 after section 108 (as redesignated by section 4(b)) the fol11 lowing: 

12 ‘‘SEC. 109. PRIVATE PROPERTY PROTECTION. 

13 ‘‘(a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

14 this Act— 

15 ‘‘(1) requires any private property owner to 

16 allow public access (including Federal, State, or local 

17 government access) to the private property; or 

18 ‘‘(2) modifies any provision of Federal, State, 

19 or local law with regard to public access to or use 

20 of private property. 

21 ‘‘(b) LIABILITY.—Designation of the Heritage Area 

22 does not create any liability, or have any effect on any 

23 liability under any other law, of any private property 

24 owner with respect to any persons injured on the private 

25 property. 


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1 ‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL

2 LAND USE.—Nothing in this Act modifies the authority 

3 of the Federal Government or State or local governments 

4 to regulate land use. 

5 ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWN6 ERS IN HERITAGE AREA.—Nothing in this Act requires 

7 the owner of any private property located within the 

8 boundaries of the Heritage Area to participate in or be 

9 associated with the Heritage Area. 

10 ‘‘(e) EFFECT OF ESTABLISHMENT.— 

11 ‘‘(1) IN GENERAL.—The boundaries designated 

12 for the Heritage Area represent the area within 

13 which Federal funds made available under section 

14 110 may be expended. 

15 ‘‘(2) REGULATORY AUTHORITY.—The establish16 ment of the Heritage Area and the boundaries of the 

17 Heritage Area does not provide any regulatory au18 thority not in existence on the date of enactment of 

19 this subsection on land use within the Heritage Area 

20 or the viewshed by the Secretary, the National Park 

21 Service, or the Alliance.’’. 

22 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

23 Section 109 of the Cache La Poudre River Corridor 

24 Act (16 U.S.C. 461 note; Public Law 104–323) (as redes25 ignated by section 4(b)) is amended to read as follows: 


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1 ‘‘SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—There are authorized to be ap3 propriated to carry out this Act— 

4 ‘‘(1) not more than $100,000 for any fiscal 

5 year, to remain available until expended; and 

6 ‘‘(2) not more than a total of $1,000,000. 

7 ‘‘(b) MATCHING FUNDS.— 

8 ‘‘(1) IN GENERAL.—As a condition of providing 

9 a grant under this Act to the Alliance, the Secretary 

10 shall require that the Alliance provide matching 

11 funds equal to the amount of the grant. 

12 ‘‘(2) FORM.—Matching funds— 

13 ‘‘(A) shall be from non-Federal sources; 

14 and 

15 ‘‘(B) may be made in the form of in-kind 

16 contributions of goods or services fairly valued. 

17 ‘‘(c) ADMINISTRATIVE EXPENSES.—Not more than 5 

18 percent of the funds made available under subsection (a) 

19 for a fiscal year may be used by the Secretary for technical 

20 assistance, oversight, and administrative purposes.’’. 

21 SEC. 10. TERMINATION OF AUTHORITY; REFERENCES IN 

22 LAW. 

23 The Cache La Poudre River Corridor Act (16 U.S.C. 

24 461 note; Public Law 104–323) is amended by adding at 

25 the end the following: 


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1 ‘‘SEC. 111. REFERENCES. 

2 ‘‘(a) FEDERAL LAWS AND DOCUMENTS.—Any ref3 erence in any law (other than this Act), regulation, docu4 ment, record, map, or other paper of the United States 

5 to ‘Cache La Poudre River Corridor’ or ‘Cache La Poudre 

6 Corridor’ shall be considered to be a reference to the 

7 ‘Cache la Poudre River National Heritage Area’. 

8 ‘‘(b) OTHER SIGNS AND NOTICES.—Any directional 

9 or official sign or notice relating to ‘Cache La Poudre 

10 River Corridor’ or ‘Cache La Poudre Corridor’ shall be 

11 considered to be a reference to the ‘Cache la Poudre River 

12 National Heritage Area’. 

13 ‘‘SEC. 112. TERMINATION OF AUTHORITY. 

14 ‘‘The authority of the Secretary to provide financial 

15 assistance to the Alliance (excluding technical assistance 

16 and administrative oversight) under this Act shall termi17 nate 10 years after the date of enactment of the Cache 

18 la Poudre River National Heritage Area Technical 

19 Amendments Act of 2007.’’. 

20 SECTION 1. SHORT TITLE. 

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

22 National Heritage Area Act of 2008’’. 

23 SEC. 2. DEFINITIONS. 

24 In this Act: 


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1 (1) HERITAGE AREA.—The term ‘‘Heritage 

2 Area’’ means the Cache La Poudre River National 

3 Heritage Area established by section 3(a). 

4 (2) LOCAL COORDINATING ENTITY.—The term 

5 ‘‘local coordinating entity’’ means the Poudre Herit6 age Alliance, the local coordinating entity for the 

7 Heritage Area designated by section 3(d). 

8 (3) MANAGEMENT PLAN.—The term ‘‘manage9 ment plan’’ means the management plan for the Her10 itage Area required under section 5(a). 

11 (4) MAP.—The term ‘‘map’’ means the map enti12 tled ‘‘Cache La Poudre River National Heritage 

13 Area’’, numbered 960/80,003, and dated April, 2004. 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (6) STATE.—The term ‘‘State’’ means the State 

17 of Colorado. 

18 SEC. 3. CACHE LA POUDRE RIVER NATIONAL HERITAGE 

19 AREA. 

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

21 State the Cache La Poudre River National Heritage Area. 

22 (b) BOUNDARIES.—The Heritage Area shall consist of 

23 the area depicted on the map. 

24 (c) MAP.—The map shall be on file and available for 

25 public inspection in the appropriate offices of— 


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1 (1) the National Park Service; and 

2 (2) the local coordinating entity. 

3 (d) LOCAL COORDINATING ENTITY.—The local coordi4 nating entity for the Heritage Area shall be the Poudre Her5 itage Alliance, a nonprofit organization incorporated in the 

6 State. 

7 SEC. 4. ADMINISTRATION. 

8 (a) AUTHORITIES.—To carry out the management 

9 plan, the Secretary, acting through the local coordinating 

10 entity, may use amounts made available under this Act— 

11 (1) to make grants to the State (including any 

12 political subdivision of the State), nonprofit organiza13 tions, and other individuals; 

14 (2) to enter into cooperative agreements with, or 

15 provide technical assistance to, the State (including 

16 any political subdivision of the State), nonprofit or17 ganizations, and other interested parties; 

18 (3) to hire and compensate staff, which shall in19 clude individuals with expertise in natural, cultural, 

20 and historical resource protection, and heritage pro21 gramming; 

22 (4) to obtain funds or services from any source, 

23 including funds or services that are provided under 

24 any other Federal law or program; 


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1 (5) to enter into contracts for goods or services; 

2 and 

3 (6) to serve as a catalyst for any other activity 

4 that— 

5 (A) furthers the purposes and goals of the 

6 Heritage Area; and 

7 (B) is consistent with the approved manage8 ment plan. 

9 (b) DUTIES.—The local coordinating entity shall— 

10 (1) in accordance with section 5, prepare and 

11 submit to the Secretary a management plan for the 

12 Heritage Area; 

13 (2) assist units of local government, regional 

14 planning organizations, and nonprofit organizations 

15 in carrying out the approved management plan by— 

16 (A) carrying out programs and projects 

17 that recognize, protect, and enhance important 

18 resource values located in the Heritage Area; 

19 (B) establishing and maintaining interpre20 tive exhibits and programs in the Heritage Area; 

21 (C) developing recreational and educational 

22 opportunities in the Heritage Area; 

23 (D) increasing public awareness of, and ap24 preciation for, the natural, historical, scenic, and 

25 cultural resources of the Heritage Area; 


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1 (E) protecting and restoring historic sites 

2 and buildings in the Heritage Area that are con3 sistent with Heritage Area themes; 

4 (F) ensuring that clear, consistent, and ap5 propriate signs identifying points of public ac6 cess, and sites of interest, are posted throughout 

7 the Heritage Area; and 

8 (G) promoting a wide range of partnerships 

9 among governments, organizations, and individ10 uals to further the Heritage Area; 

11 (3) consider the interests of diverse units of gov12 ernment, businesses, organizations, and individuals 

13 in the Heritage Area in the preparation and imple14 mentation of the management plan; 

15 (4) conduct meetings open to the public at least 

16 semiannually regarding the development and imple17 mentation of the management plan; 

18 (5) for any year for which Federal funds have 

19 been received under this Act— 

20 (A) submit an annual report to the Sec21 retary that describes the activities, expenses, and 

22 income of the local coordinating entity (includ23 ing grants to any other entities during the year 

24 that the report is made); 


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1 (B) make available to the Secretary for 

2 audit all records relating to the expenditure of 

3 the funds and any matching funds; and 

4 (C) require, with respect to all agreements 

5 authorizing expenditure of Federal funds by 

6 other organizations, that the organizations re7 ceiving the funds make available to the Secretary 

8 for audit all records concerning the expenditure 

9 of the funds; and 

10 (6) encourage by appropriate means economic 

11 viability that is consistent with the Heritage Area. 

12 (c) PROHIBITION ON THE ACQUISITION OF REAL

13 PROPERTY.—The local coordinating entity shall not use 

14 Federal funds made available under this Act to acquire real 

15 property or any interest in real property. 

16 SEC. 5. MANAGEMENT PLAN. 

17 (a) IN GENERAL.—Not later than 3 years after the 

18 date of enactment of this Act, the local coordinating entity 

19 shall submit to the Secretary for approval a proposed man20 agement plan for the Heritage Area. 

21 (b) REQUIREMENTS.—The management plan shall— 

22 (1) incorporate an integrated and cooperative 

23 approach for the protection, enhancement, and inter24 pretation of the natural, cultural, historic, scenic, 


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1 educational, and recreational resources of the Herit2 age Area; 

3 (2) take into consideration State and local plans; 

4 (3) include— 

5 (A) an inventory of the resources located in 

6 the Heritage Area; 

7 (B) comprehensive policies, strategies, and 

8 recommendations for conservation, funding, 

9 management, and development of the Heritage 

10 Area; 

11 (C) a description of actions that govern12 ments, private organizations, and individuals 

13 have agreed to take to protect the natural, cul14 tural, historic, scenic, educational, and rec15 reational resources of the Heritage Area; 

16 (D) a program of implementation for the 

17 management plan by the local coordinating enti18 ty that includes a description of— 

19 (i) actions to facilitate ongoing collabo20 ration among partners to promote plans for 

21 resource protection, restoration, and con22 struction; and 

23 (ii) specific commitments for imple24 mentation that have been made by the local 

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1 ganization, or individual for the first 5 

2 years of operation; 

3 (E) the identification of sources of funding 

4 for carrying out the management plan; 

5 (F) analysis and recommendations for 

6 means by which local, State, and Federal pro7 grams, including the role of the National Park 

8 Service in the Heritage Area, may best be coordi9 nated to carry out this Act; and 

10 (G) an interpretive plan for the Heritage 

11 Area; and 

12 (4) recommend policies and strategies for re13 source management that consider and detail the ap14 plication of appropriate land and water management 

15 techniques, including the development of intergovern16 mental and interagency cooperative agreements to 

17 protect the natural, cultural, historic, scenic, edu18 cational, and recreational resources of the Heritage 

19 Area. 

20 (c) DEADLINE.—If a proposed management plan is 

21 not submitted to the Secretary by the date that is 3 years 

22 after the date of enactment of this Act, the local coordi23 nating entity shall be ineligible to receive additional fund24 ing under this Act until the date on which the Secretary 

25 approves a management plan. 


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1 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

2 PLAN.— 

3 (1) IN GENERAL.—Not later than 180 days after 

4 the date of receipt of the management plan under sub5 section (a), the Secretary, in consultation with the 

6 State, shall approve or disapprove the management 

7 plan. 

8 (2) CRITERIA FOR APPROVAL.—In determining 

9 whether to approve the management plan, the Sec10 retary shall consider whether— 

11 (A) the local coordinating entity is rep12 resentative of the diverse interests of the Heritage 

13 Area, including governments, natural and his14 toric resource protection organizations, edu15 cational institutions, businesses, and recreational 

16 organizations; 

17 (B) the local coordinating entity has af18 forded adequate opportunity, including public 

19 hearings, for public and governmental involve20 ment in the preparation of the management 

21 plan; and 

22 (C) the resource protection and interpreta23 tion strategies contained in the management 

24 plan, if implemented, would adequately protect 

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1 cational, and recreational resources of the Herit2 age Area. 

3 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

4 Secretary disapproves the management plan under 

5 paragraph (1), the Secretary shall— 

6 (A) advise the local coordinating entity in 

7 writing of the reasons for the disapproval; 

8 (B) make recommendations for revisions to 

9 the management plan; and 

10 (C) not later than 180 days after the date 

11 of receipt of any proposed revision of the man12 agement plan from the local coordinating entity, 

13 approve or disapprove the proposed revision. 

14 (4) AMENDMENTS.— 

15 (A) IN GENERAL.—The Secretary shall ap16 prove or disapprove each amendment to the 

17 management plan that the Secretary determines 

18 would make a substantial change to the manage19 ment plan. 

20 (B) USE OF FUNDS.—The local coordi21 nating entity shall not use Federal funds author22 ized to be appropriated by this Act to carry out 

23 any amendments to the management plan until 

24 the Secretary has approved the amendments. 


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1 SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

2 (a) IN GENERAL.—Nothing in this Act affects the au3 thority of a Federal agency to provide technical or financial 

4 assistance under any other law (including regulations). 

5 (b) CONSULTATION AND COORDINATION.—To the max6 imum extent practicable, the head of any Federal agency 

7 planning to conduct activities that may have an impact 

8 on the Heritage Area is encouraged to consult and coordi9 nate the activities with the Secretary and the local coordi10 nating entity. 

11 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

12 Act— 

13 (1) modifies, alters, or amends any law (includ14 ing any regulation) authorizing a Federal agency to 

15 manage Federal land under the jurisdiction of the 

16 Federal agency; 

17 (2) limits the discretion of a Federal land man18 ager to implement an approved land use plan within 

19 the boundaries of the Heritage Area; or 

20 (3) modifies, alters, or amends any authorized 

21 use of Federal land under the jurisdiction of a Fed22 eral agency. 

23 SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTEC24 TIONS. 

25 Nothing in this Act— 


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1 (1) abridges the rights of any public or private 

2 property owner, including the right to refrain from 

3 participating in any plan, project, program, or activ4 ity conducted within the Heritage Area; 

5 (2) requires any property owner— 

6 (A) to permit public access (including ac7 cess by Federal, State, or local agencies) to the 

8 property of the property owner; or 

9 (B) to modify public access or use of prop10 erty of the property owner under any other Fed11 eral, State, or local law; 

12 (3) alters any duly adopted land use regulation, 

13 approved land use plan, or other regulatory authority 

14 of any Federal, State, or local agency; 

15 (4) conveys any land use or other regulatory au16 thority to the local coordinating entity; 

17 (5) authorizes or implies the reservation or ap18 propriation of water or water rights; 

19 (6) diminishes the authority of the State to man20 age fish and wildlife, including the regulation of fish21 ing and hunting within the Heritage Area; or 

22 (7) creates any liability, or affects any liability 

23 under any other law (including regulations), of any 

24 private property owner with respect to any indi25 vidual injured on the private property. 


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1 SEC. 8. EVALUATION; REPORT. 

2 (a) IN GENERAL.—Not later than 3 years before the 

3 date on which authority for Federal funding terminates for 

4 the Heritage Area, the Secretary shall— 

5 (1) conduct an evaluation of the accomplish6 ments of the Heritage Area; and 

7 (2) prepare a report in accordance with sub8 section (c). 

9 (b) EVALUATION.—An evaluation conducted under 

10 subsection (a)(1) shall— 

11 (1) assess the progress of the local coordinating 

12 entity with respect to— 

13 (A) accomplishing the purposes of this Act 

14 for the Heritage Area; and 

15 (B) achieving the goals and objectives of the 

16 approved management plan for the Heritage 

17 Area; 

18 (2) analyze the Federal, State, local, and private 

19 investments in the Heritage Area to determine the le20 verage and impact of the investments; and 

21 (3) review the management structure, partner22 ship relationships, and funding of the Heritage Area 

23 to identify the critical components for sustainability 

24 of the Heritage Area. 

25 (c) REPORT.— 


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1 (1) IN GENERAL.—Based on the evaluation con2 ducted under subsection (a)(1), the Secretary shall 

3 prepare a report that includes recommendations for 

4 the future role of the National Park Service, if any, 

5 with respect to the Heritage Area. 

6 (2) REQUIRED ANALYSIS.—If the report prepared 

7 under paragraph (1) recommends that Federal fund8 ing for the Heritage Area be reauthorized, the report 

9 shall include an analysis of— 

10 (A) ways in which Federal funding for the 

11 Heritage Area may be reduced or eliminated; 

12 and 

13 (B) the appropriate time period necessary 

14 to achieve the recommended reduction or elimi15 nation. 

16 (3) SUBMISSION TO CONGRESS.—On completion 

17 of the report, the Secretary shall submit the report 

18 to— 

19 (A) the Committee on Energy and Natural 

20 Resources of the Senate; and 

21 (B) the Committee on Natural Resources of 

22 the House of Representatives. 

23 SEC. 9. FUNDING. 

24 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this Act 


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1 $10,000,000, of which not more than $1,000,000 may be 

2 made available for any fiscal year. 

3 (b) COST-SHARING REQUIREMENT.—The Federal 

4 share of the cost of any activity carried out using any as5 sistance made available under this Act shall be 50 percent. 

6 SEC. 10. TERMINATION OF AUTHORITY. 

7 The authority of the Secretary to provide assistance 

8 under this Act terminates on the date that is 15 years after 

9 the date of enactment of this Act. 

10 SEC. 11. CONFORMING AMENDMENT. 

11 The Cache La Poudre River Corridor Act (16 U.S.C. 

12 461 note; Public Law 104–323) is repealed. 

Amend the title so as to read: ‘‘To establish the 

Cache La Poudre River National Heritage Area, and for 

other purposes.’’. 


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Calendar No. 637 

110TH CONGRESS 

2D SESSION S. 128 

[Report No. 110

–285] 

A BILL 

To amend the Cache La Poudre River Corridor Act 

purposes. hance private property protections, and for other tain technical and conforming amendments, ento designate a new management entity, make cerAPRIL 10, 2008 

Reported with an amendment and an amendment to the 

title 


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