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Text of the Cache La Poudre River Corridor Act

This bill was enacted after being signed by the President on October 19, 1996. The text of the bill below is as of Oct 3, 1996 (Passed the Senate (Engrossed)).

This is not the latest text of this bill.

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S 342 ES

104th CONGRESS

2d Session

S. 342


AN ACT

To establish the Cache La Poudre River Corridor.

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

SEC. 100. SHORT TITLE.

    This Act may be cited as the ‘Cache La Poudre River Corridor Act’.

SEC. 101. PURPOSE.

    The purpose of this Act is to designate the Cache La Poudre Corridor 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 Corridor.

SEC. 102. DEFINITIONS.

    In this Act:

      (1) COMMISSION- The term ‘Commission’ means the Cache La Poudre Corridor Commission established by section 104(a).

      (2) CORRIDOR- The term ‘Corridor’ means the Cache La Poudre Corridor established by section 103(a).

      (3) GOVERNOR- The term ‘Governor’ means the Governor of the State of Colorado.

      (4) PLAN- The term ‘Plan’ means the corridor interpretation plan prepared by the Commission pursuant to section 108(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 Corridor, including a county, city, town, water conservancy district, or special district.

      (6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

SEC. 103. ESTABLISHMENT OF THE CACHE LA POUDRE CORRIDOR.

    (a) ESTABLISHMENT- There is established in the State of Colorado the Cache La Poudre Corridor.

    (b) BOUNDARIES- The boundaries of the Corridor shall include the 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 the floodplain to a point 1/4 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, COLORADO- 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, COLORADO- 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, COLORADO- 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, COLORADO- Community-Panel No. 080101 0163C, March 18, 1986. Federal Emergency Management Agency, Federal Insurance Administration.

      (5) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080101 0178C, March 18, 1986. Federal Emergency Management Agency, Federal Insurance Administration.

      (6) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080102 0002B, February 15, 1984. Federal Emergency Management Agency, Federal Insurance Administration.

      (7) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080101 0179C, March 18, 1986. Federal Emergency Management Agency, Federal Insurance Administration.

      (8) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080101 0193D, November 17, 1993. Federal Emergency Management Agency, Federal Insurance Administration.

      (9) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080101 0194D, November 17, 1993. Federal Emergency Management Agency, Federal Insurance Administration.

      (10) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080101 0208C, November 17, 1993. Federal Emergency Management Agency, Federal Insurance Administration.

      (11) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080101 0221C, November 17, 1993. Federal Emergency Management Agency, Federal Insurance Administration.

      (12) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080266 0605D, September 27, 1991. Federal Emergency Management Agency, Federal Insurance Administration.

      (13) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080264 0005A, September 27, 1991. Federal Emergency Management Agency, Federal Insurance Administration.

      (14) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080266 0608D, September 27, 1991. Federal Emergency Management Agency, Federal Insurance Administration.

      (15) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080266 0609C, September 28, 1982. Federal Emergency Management Agency, Federal Insurance Administration.

      (16) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- Community-Panel No. 080266 0628C, September 28, 1982. Federal Emergency Management Agency, Federal Insurance Administration.

      (17) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- 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, COLORADO- Community-Panel No. 080266 0636C, September 28, 1982. Federal Emergency Management Agency, Federal Insurance Administration.

      (19) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, COLORADO- 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 Corridor.

    (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 Country, the city of Greeley, and Weld County.

SEC. 104. ESTABLISHMENT OF THE CACHE LA POUDRE CORRIDOR COMMISSION.

    (a) CACHE LA POUDRE CORRIDOR COMMISSION-

      (1) IN GENERAL- Upon the recommendation of the Governor, the Secretary is authorized to recognize, for the purpose of developing and implementing the plan referred to in subsection (g)(1), the Cache La Poudre Corridor Commission, as such Commission may be established by the State of Colorado or its political subdivisions.

      (2) REFLECTION OF CROSS-SECTION OF INTERESTS- The Secretary may provide recognition under paragraph (1) only if the Commission reflects the following:

        (A) MEMBERSHIP-

          (i) 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--

            (I) 1 member shall be a representative of the Secretary of the Interior which member shall be an ex officio member;

            (II) 1 member shall be a representative of the Forest Service, appointed by the Secretary of Agriculture, which member shall be an ex officio member;

            (III) 3 members shall be recommended by the Governor and appointed by the Secretary, of whom--

(aa) 1 member shall represent the State;

(bb) 1 member shall represent Colorado State University in Fort Collins; and

(cc) 1 member shall represent the Northern Colorado Water Conservancy District;

            (IV) 6 members shall be representatives of local governments who are recommended by the Governor and appointed by the Secretary, of whom--

(aa) 1 member shall represent the city of Fort Collins;

(bb) 2 members shall represent Larimer County, 1 of which shall represent agriculture or irrigated water interests;

(cc) 1 member shall represent the city of Greeley;

(dd) 2 members shall represent Weld County, 1 of which shall represent agricultural or irrigated water interests; and

(ee) 1 member shall represent the city of Loveland; and

            (V) 3 members shall be recommended by the Governor and appointed by the Secretary, and shall--

(aa) represent the general public;

(bb) be citizens of the State; and

(cc) reside within the Corridor.

          (ii) CHAIRPERSON- The chairperson of the Commission shall be elected by the members of the Commission from among members appointed under subclause (III), (IV), or (V) of clause (i). The chairperson shall be elected for a 2-year term.

          (iii) VACANCIES- A vacancy on the Commission shall be filled in the same manner in which the original appointment was made.

        (B) TERMS OF SERVICE-

          (i) IN GENERAL- Except as provided in clause (ii) and (iii), each member of the Commission shall be appointed for a term of 3 years and may be reappointed.

          (ii) INITIAL MEMBERS- The initial members of the Commission first appointed under subparagraph (A)(i) shall be appointed as follows:

            (I) 3-YEAR TERMS- The following initial members shall serve for a 3-year term:

(aa) The representative of the Secretary of the Interior.

(bb) 1 representative of Weld County.

(cc) 1 representative of Larimer County.

(dd) 1 representative of the city of Loveland.

(ee) 1 representative of the general public.

            (II) 2-YEAR TERMS- The following initial members shall serve for a 2-year term:

(aa) The representative of the Forest Service.

(bb) The representative of the State.

(cc) The representative of Colorado State University.

(dd) The representative of the Northern Colorado Water Conservancy District.

            (III) 1-YEAR TERMS- The following initial members shall serve for a 1-year term:

(aa) 1 representative of the city of Fort Collins.

(bb) 1 representative of Larimer County.

(cc) 1 representative of the city of Greeley.

(dd) 1 representative of Weld County.

(ee) 1 representative of the general public.

          (iii) PARTIAL TERMS-

            (I) 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 member’s term.

            (II) EXTENDED SERVICE- A member of the Commission may serve after the expiration of that member’s term until a successor has taken office.

        (C) COMPENSATION- Members of the Commission shall receive no compensation for their service on the Commission.

        (D) 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. 105. 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 civil service laws (including 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 that 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. 106. 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 title.

      (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- 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.

    (e) Real Property-

      (1) IN GENERAL- Except as provided in paragraph (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 Corridor, and interests in real property in the Corridor--

        (A) by gift or device;

        (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 Corridor 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 title.

      (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 Corridor; and

          (ii) conducted a public hearing with respect to the modification; and

        (C) the Governor has approved the modification.

SEC. 107. DUTIES OF THE COMMISSION.

    (a) PLAN- The Commission shall prepare, obtain approval for, implement, and support the Plan in accordance with section 108.

    (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. 108. 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 Corridor 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 Corridor; and

        (B) conduct public hearings within the Corridor 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 Corridor.

    (b) Review of Plan-

      (1) IN GENERAL- The Commission shall submit the Plan to the Governor for the Governor’s review.

      (2) GOVERNOR- The Governor may review the Plan and, if the Governor 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 Corridor.

    (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.

        (A) 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.

        (B) 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.

      (2) IMPLEMENTATION OF PLAN- After approval by the Secretary, the Commission shall implement and support the Plan as follows:

        (A) CULTURAL RESOURCES-

          (i) 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 Corridor.

          (ii) 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 the 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 Corridor.

      (3) 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 Corridor, and the archaeological, geological, and cultural resources and sites in the Corridor--

        (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.

      (4) 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 Corridor with consent of the owner. The assistance may include providing technical assistance for historic preservation, revitalization, and enhancement efforts.

      (5) INTERPRETATION- The Commission shall assist in the interpretation of the historical, present, and future uses of the Corridor--

        (A) by consulting with the Secretary with respect to the implementation of the Secretary’s duties under section 110;

        (B) by assisting the State and political subdivisions of the State in establishing and maintaining visitor orientation centers and other interpretive exhibits within the Corridor;

        (C) by encouraging voluntary cooperation and coordination, with respect to ongoing interpretive services in the Corridor, 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 Corridor.

      (6) RECOGNITION- The Commission shall assist in establishing recognition for the Corridor by actively promoting the cultural, historical, natural, and recreational resources of the Corridor on a community, regional, statewide, national, and international basis.

      (7) 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 Corridor.

SEC. 109. TERMINATION OF TRAVEL EXPENSES PROVISION.

    Effective on the date that is 5 years after the date on which the Secretary approves the Plan, section 104 is amended by striking subsection (e).

SEC. 110. DUTIES OF THE SECRETARY.

    (a) ACQUISITION OF LAND- The Secretary may acquire land and interests in land within the Corridor that have been specifically identified by the Commission for acquisition by the Federal Government and that have been approved for the 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 the 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 108.

    (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 107.

SEC. 111. OTHER FEDERAL ENTITIES.

    (a) DUTIES- Subject to section 112, a Federal entity conducting or supporting activities directly affecting the flow of the Cache La Poudre River through the Corridor, or the natural resources of the Corridor shall consult with the Commission with respect to the activities;

    (b) AUTHORIZATION-

      (1) IN GENERAL- The Secretary or Administrator of a Federal agency may acquire land in the flood plain of the Corridor by exchange for other lands within the agency’s jurisdiction within the State of Colorado, based on fair market value, if the 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 Corridor is established.

      (2) CONVEYANCE OF SURPLUS REAL PROPERTY- Without monetary consideration to the United States, the Administrator of General Services may convey to the State of Colorado, its political subdivisions, or instrumentalities thereof all of the right, title, and interest of the United States in and to any surplus real property (within the meaning of section 3(g) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(g))) within the State of Colorado which the Secretary has determined is suitable and desirable to meet the purposes for which the Corridor is established. Subparagraph (B) of section 203(k)(3) of such Act shall apply to any conveyance made under this paragraph. For purposes of the preceding sentence, such subparagraph shall be applied by substituting ‘the purposes for which the Cache La Poudre Corridor is established’ for ‘historic monument purposes’.

SEC. 112. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS, RESTRICTIONS, AND SAVINGS PROVISIONS.

    (a) Effect on Environmental and Other Standards-

      (1) VOLUNTARY COOPERATION- In carrying out this title, the Commission and Secretary shall emphasize voluntary cooperation.

      (2) RULES, REGULATIONS, STANDARDS, AND PERMIT PROCESSES- Nothing in this title 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 Corridor not been established.

      (3) ENVIRONMENTAL QUALITY STANDARDS- Nothing in this title 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 Corridor not been established.

      (4) WATER STANDARDS- Nothing in this title 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 Corridor, that is more restrictive than those that would be applicable had the Corridor not been established.

      (5) PERMITTING OF FACILITIES- Nothing in the establishment of the Corridor shall abridge, restrict, or alter any applicable rule, regulation, standard, or review procedure for permitting of facilities within or adjacent to the Corridor.

      (6) WATER FACILITIES- Nothing in the establishment of the Corridor 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 Corridor 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 title 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 (including an owner of private property) to participate in a project or program carried out by the Commission or the Secretary under the title;

      (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 title 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 Corridor; or

      (2) to tax persons, corporations, franchises, or property, including minerals and other interests in or on lands or waters within the urban portions of the Corridor.

    (d) ACCESS TO PRIVATE PROPERTY- Nothing in this title requires an owner of private property to allow access to the property by the public.

SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- There are authorized to be appropriated not to exceed $50,000 to the Commission to carry out this Act for each of the first 5 fiscal years following the date of enactment of this Act.

    (b) 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.

Passed the Senate October 3, 1996.

Attest:

Secretary.

104th CONGRESS

2d Session

S. 342

AN ACT

To establish the Cache La Poudre River Corridor.