S. 342 (104th): Cache La Poudre River Corridor Act

104th Congress, 1995–1996. Text as of Feb 02, 1995 (Introduced).

Status & Summary | PDF | Source: GPO

S 342 IS

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.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSES.

    (a) FINDINGS- Congress finds that--

      (1) the Cache La Poudre River Basin represents a nationally significant historical, recreational, scenic, cultural, natural, economic, and scientific resource;

      (2) sites and structures within the Cache La Poudre River Basin symbolize in physical form--

        (A) the development and management of water resources critical to the westward expansion of the Nation; and

        (B) the sociocultural evolution of a working river from aboriginal tribes, through--

          (i) early exploration;

          (ii) 19th century settlement;

          (iii) development of a water dependent agricultural economy; and

          (iv) an ongoing transition to present day urban development;

      (3) the Cache La Poudre River National Water Heritage Area will represent the first working river, within the National Park Service’s management theme of the history of water development and river basin management in the westward expansion of the United States, that will demonstrate the historical, present, and future utilization of a river in the development of the western United States;

      (4) establishment of a Cache La Poudre River National Water Heritage Area will provide a unique opportunity to observe and understand the utilization of a working river as societal needs and demands change, both in a historical context, and as development and use of the Cache La Poudre River change in the future;

      (5) establishment of a Cache La Poudre River National Water Heritage Area will provide for the maintenance and development of needed recreational and natural open space necessary to the urban environment; and

      (6) despite efforts by State agencies, political subdivisions of the State, volunteer organizations, and private businesses, the cultural, historical, educational, and recreational resources of the Cache La Poudre River Basin have not realized full potential and may be lost without assistance from the Federal Government.

    (b) PURPOSES- The purposes of this Act are to--

      (1) retain, enhance, and interpret, for the educational and inspirational benefit of present and future generations, the unique and significant contributions to our national heritage of cultural and historical lands, waterways, and structures within the Cache La Poudre River Basin;

      (2) provide an interpretive and management framework that may be used by present and future generations to observe how the changing and growing needs of all the various water users within the Basin affect the use of the River over time, including the structural and technological changes made to the various water delivery, water storage, water treatment, wastewater facilities, and stormwater facilities, located within the Basin;

      (3) provide a framework to assist the State agencies and political subdivisions of the State in the development of a plan to retain, enhance, and interpret the significant values (past, present, and future) of the lands, waters, and structures of the Basin, where feasible, consistent with the present and future development and use of the Cache La Poudre River for all beneficial purposes, as defined by State law; and

      (4) recognize the special importance of the urban river corridor through Fort Collins, Colorado, in the interpretation and management of the history of water development theme.

SEC. 3. DEFINITIONS.

    As used in this Act:

      (1) AREA- The term ‘Area’ means the Cache La Poudre River National Water Heritage Area established by section 4(a).

      (2) COMMISSION- The term ‘Commission’ means the Cache La Poudre River National Water Heritage Area Commission established by section 5(a).

      (3) HISTORY OF WATER DEVELOPMENT THEME- The term ‘history of water development theme’ means the management theme of the National Park Service relating to the history of water development and river basin management in the westward expansion of the United States.

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

      (5) PLAN- The term ‘Plan’ means the water heritage area interpretation and management plan prepared by the Commission pursuant to section 9(a).

      (6) POLITICAL SUBDIVISION OF THE STATE- The term ‘political subdivision of the State’ means a political subdivision of the State of Colorado, any part of which is located in or adjacent to the Area, including a county, city, town, water conservancy district, or special district.

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

      (8) STATE- The term ‘State’ means the State of Colorado.

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

    (a) ESTABLISHMENT- To carry out this Act, there is established in the State of Colorado the Cache La Poudre River National Water Heritage Area.

    (b) BOUNDARIES- The boundaries of the Area shall include those lands generally depicted on the map entitled ‘Boundary Map, Cache La Poudre River National Water Heritage Area’ numbered XXXXX and dated XXXXXXXXXXXXX. As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a detailed description and map of the boundaries of the Area.

    (c) PUBLIC ACCESS TO MAP- The map shall be on file and available for public inspection in--

      (1) the offices of the Department of the Interior in Washington, District of Columbia;

      (2) the offices of the National Park Service in Denver, Colorado; and

      (3) local offices of--

        (A) the city of Fort Collins;

        (B) Larimer County;

        (C) the city of Greeley; and

        (D) Weld County.

    (d) ADMINISTRATION- The Area shall be administered in accordance with this Act.

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

    (a) ESTABLISHMENT-

      (1) IN GENERAL- There is established the Cache La Poudre River National Water Heritage Area Commission.

      (2) FUNCTION- The Commission shall coordinate with appropriate Federal, State, and local authorities in the development and implementation of an integrated plan to interpret and manage elements of the history of water development theme.

    (b) MEMBERSHIP-

      (1) COMPOSITION- The Commission shall be composed of 15 members appointed not later than 6 months after the date of enactment of this Act. Of these 15 members--

        (A) 1 member shall be the Director of the National Park Service (who shall be an ex officio member), or a delegate of the Director;

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

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

          (i) 1 member shall represent the State;

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

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

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

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

          (ii) 2 members shall represent Larimer County;

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

          (iv) 2 members shall represent Weld County; and

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

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

          (i) represent the general public;

          (ii) be citizens of the State; and

          (iii) reside in the area through which the Area extends.

      (2) CHAIRPERSON- The chairperson of the Commission shall be elected by the members of the Commission from among members appointed under subparagraph (C), (D), or (E) of paragraph (1). The chairperson shall be elected for a 2-year term.

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

    (c) TERMS OF SERVICE-

      (1) IN GENERAL- Except as provided in paragraphs (2) and (3), each member of the Commission shall be appointed for a term of 3 years and may be reappointed.

      (2) INITIAL MEMBERS- The initial members of the Commission first appointed under subsection (b)(1) shall be appointed as follows:

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

          (i) The Director of the National Park Service (or the delegate of the Director).

          (ii) 1 representative of Weld County.

          (iii) 1 representative of Larimer County.

          (iv) 1 representative of the city of Loveland.

          (v) 1 representative of the general public.

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

          (i) The representative of the Forest Service.

          (ii) The representative of the State.

          (iii) The representative of Colorado State University.

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

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

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

          (ii) 1 representative of Larimer County.

          (iii) 1 representative of the city of Greeley.

          (iv) 1 representative of Weld County.

          (v) 1 representative of the general public.

      (3) PARTIAL TERMS-

        (A) FILLING VACANCIES- A member of the Commission appointed to fill a vacancy occurring before the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of the term.

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

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

    (e) TRAVEL EXPENSES- While away from their homes or regular places of business in the performance of services for the Commission, members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.

SEC. 6. DIRECTOR AND STAFF OF THE COMMISSION.

    (a) IN GENERAL-

      (1) DIRECTOR-

        (A) IN GENERAL- Based on recommendations from the Commission, the Secretary of the Interior shall appoint a Director who shall carry out the decisions of the Commission.

        (B) COMPENSATION- The Director shall be compensated at a rate not to exceed the minimum rate of basic pay prescribed for level GS-13 of the General Schedule.

      (2) STAFF-

        (A) IN GENERAL- The Commission shall have the power to appoint and fix the compensation of such staff as may be necessary to carry out the duties of the Commission.

        (B) APPOINTMENT AND COMPENSATION- Staff appointed by the Commission--

          (i) shall be appointed without regard to the civil service laws and regulations; and

          (ii) shall be compensated without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.

    (b) EXPERTS AND CONSULTANTS- Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

    (c) STAFF OF OTHER AGENCIES-

      (1) FEDERAL- Upon request of the Commission, the head of a Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the Commission’s duties. The detail shall be without interruption or loss of civil service status or privilege.

      (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 services 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 the services.

SEC. 7. POWERS OF THE COMMISSION.

    (a) HEARINGS-

      (1) IN GENERAL- The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out this Act.

      (2) SUBPOENAS- The Commission may not issue subpoenas or exercise subpoena authority.

    (b) ASSISTANCE WITH THEME-

      (1) IN GENERAL- The Commission may provide advice, recommendations, and assistance to the Secretary in the development and implementation of plans for the interpretation of the history of water development theme.

      (2) COORDINATE- The Commission may coordinate the integration of the history of water development theme with other plans of the Department of the Interior.

    (c) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

    (d) MATCHING FUNDS- The Commission may use its funds to obtain money from any source under a program or law requiring the recipient of the money to make a contribution in order to receive the money.

    (e) GIFTS-

      (1) IN GENERAL- Except as provided in subsection (f)(3)(B), the Commission may, for the purpose of carrying out its duties, seek, accept, and dispose of gifts, bequests, or donations of money, personal property, or services, received from any source.

      (2) CHARITABLE CONTRIBUTIONS- For the purpose of section 170(c) of the Internal Revenue Code of 1986, a gift to the Commission shall be deemed to be a gift to the United States for the benefit of the Area.

    (f) REAL PROPERTY-

      (1) IN GENERAL- Except as provided in paragraph (2) and except with respect to a leasing of facilities under section 6(c)(2), the Commission may not acquire real property or an interest in real property.

      (2) EXCEPTION- Subject to paragraph (3), the Commission may acquire real property in the Area, and interests in real property in the Area--

        (A) by gift or devise;

        (B) by purchase from a willing seller with money that was given or bequeathed to the Commission; or

        (C) by exchange.

      (3) CONVEYANCE TO PUBLIC AGENCIES- Any real property or interest in real property acquired by the Commission under paragraph (2) shall be conveyed by the Commission to an appropriate 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 to fulfill the purposes for which the Area is established.

    (g) COOPERATIVE AGREEMENTS-

      (1) IN GENERAL- For the purpose of carrying out the Plan, the Commission may enter into cooperative agreements with--

        (A) Federal agencies;

        (B) State agencies;

        (C) political subdivisions of the State; and

        (D) persons.

      (2) NOTICE- A cooperative agreement shall, at a minimum, establish procedures for providing notice to the Commission of any action that may affect the implementation of the Plan and that is proposed by a--

        (A) Federal agency;

        (B) State agency;

        (C) political subdivision of the State; or

        (D) person.

    (h) ADVISORY GROUPS- The Commission may establish such advisory groups as it considers necessary to ensure open communication with, and assistance from--

      (1) Federal agencies;

      (2) State agencies;

      (3) political subdivisions of the State; and

      (4) interested persons.

    (i) MODIFICATION OF PLANS-

      (1) IN GENERAL- The Commission may modify the Plan if the Commission determines that such modification is necessary to carry out this Act.

      (2) NOTICE- No modification shall take effect until--

        (A) any Federal agency, State agency, or political subdivision of the State that would be affected by the modification receives adequate notice of, and an opportunity to comment on, the modification; and

        (B) if the modification is significant, as determined by the Commission, the Commission has--

          (i) provided adequate notice of the modification by publication in the area of the Area; and

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

    (j) AGENCY- A member or agent of the Commission, if so authorized by the Commission, may take any action that the Commission is authorized to take under this Act.

SEC. 8. DUTIES OF THE COMMISSION.

    (a) PLAN- The Commission shall prepare, obtain approval for, implement, and support the Plan in accordance with section 9.

    (b) MEETINGS-

      (1) TIMING-

        (A) INITIAL MEETING- The Commission shall hold its first meeting not later than 90 days after the date on which its last initial member is appointed.

        (B) SUBSEQUENT MEETINGS- After the initial meeting, the Commission shall meet at the call of the chairperson or 7 of its members, except that the Commission shall meet at least quarterly.

      (2) PUBLIC MEETINGS- Meetings of the Commission shall be subject to section 552b of title 5, United States Code.

      (3) QUORUM- Ten members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

      (4) 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 (other than the year in which this Act is enacted), the Commission shall publish and submit, to the Secretary and to the Governor, an annual report concerning the Commission’s activities.

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

    (a) PREPARATION OF PLAN-

      (1) IN GENERAL- Not later than 2 years after the Commission conducts its first meeting, the Commission shall submit, to the Secretary and to the Governor, a Water Heritage Area Interpretation and Management Plan.

      (2) DEVELOPMENT- In developing the Plan, the Commission shall--

        (A) consult on a regular basis with appropriate officials of any--

          (i) Federal or State agency;

          (ii) political subdivision of the State; or

          (iii) local government that has jurisdiction over or an ownership interest in land, water, or water rights within the Area; and

        (B) conduct public hearings within the Area for the purpose of providing interested persons the opportunity to testify about matters to be addressed by the Plan.

      (3) RELATIONSHIP TO EXISTING PLANS- The Plan--

        (A) shall recognize any existing Federal, State, and local plans;

        (B) shall not interfere with the implementation, administration, or amendment of the plans; and

        (C) to the extent feasible, shall seek to coordinate the plans and present a unified interpretation plan for the Area.

    (b) REVIEW OF PLAN-

      (1) IN GENERAL- The Commission shall submit the Plan to the Governor and to the Secretary for their review.

      (2) GOVERNOR- The Governor may review the Plan and 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;

        (B) assurances of Plan implementation from State and local officials;

        (C) the Plan in retaining, enhancing, and interpreting, for the educational and inspirational benefit of present and future generations, the unique and significant contributions to our national heritage of cultural and historical lands, waterways, and structures within the Area;

        (D) the Plan in providing the unique opportunity to observe future utilization of the Cache La Poudre River by all the various water users throughout the Area as user needs change and develop over time;

        (E) the Plan in ensuring the effective implementation of local aspects of the Plan;

        (F) the financial resources that are in place to implement the Plan; and

        (G) Plan provisions for continuing oversight of the Plan implementation by the Governor, Secretary, and Commission.

    (c) DISAPPROVAL OF PLAN-

      (1) NOTIFICATION BY SECRETARY- If the Secretary disapproves the Plan, the Secretary shall, not later than 60 days after the date of disapproval, advise the Governor and the Commission of the reasons for disapproval, together with recommendations for revision.

      (2) REVISION AND RESUBMISSION TO GOVERNOR- Not later than 90 days after receipt of the notice of disapproval, the Commission shall revise and resubmit the Plan to the Governor for review.

      (3) RESUBMISSION TO SECRETARY- The Commission shall submit the revised plan, together with any recommendations the Governor may have, to the Secretary who shall approve or disapprove the revision within 60 days.

    (d) IMPLEMENTATION OF PLAN- After approval by the Secretary as provided in subsections (b) and (c), the Commission shall implement and support the Plan as follows:

      (1) CULTURAL RESOURCES-

        (A) IN GENERAL- The Commission shall assist Federal agencies, State agencies, political subdivisions of the State, and nonprofit organizations in the conservation and interpretation (in accordance with the Plan) of cultural resources within the Area.

        (B) EXCEPTION- In providing the assistance, the Commission shall in no way infringe upon the authorities and policies of a Federal agency, State agency, or political subdivision of the State concerning the administration and management of property, water, or water rights within the Area.

      (2) PUBLIC AWARENESS- The Commission shall assist in the enhancement of public awareness of, and appreciation for, the historical, recreational, architectural, and engineering structures in the Area, and the archaeological, geological, and cultural resources and sites in the Area--

        (A) by encouraging private owners of identified structures, sites, and resources to adopt voluntary measures for the preservation of the identified structure, site, or resource; and

        (B) by cooperating with Federal agencies, State agencies, and political subdivisions of the State in acquiring, on a willing seller basis, any identified structure, site, or resource.

      (3) RESTORATION- The Commission may assist Federal agencies, State agencies, political subdivisions of the State, and nonprofit organizations in the restoration of any identified structure or site in the Area. The assistance may include providing technical staff assistance for historic preservation, revitalization, and enhancement efforts.

      (4) INTERPRETATION- The Commission shall assist in the interpretation of the historical, present, and future utilization of the River, and of the development of communities adjacent to the Area--

        (A) by consulting with the Secretary with respect to the implementation of the Secretary’s duties under section 11;

        (B) by establishing visitor orientation centers and other interpretive exhibits within the urban river corridor portions of the Area;

        (C) by encouraging voluntary cooperation and coordination, with respect to ongoing interpretive services in the Area, among--

          (i) Federal agencies;

          (ii) State agencies;

          (iii) political subdivisions of the State;

          (iv) nonprofit organizations; and

          (v) private citizens; and

        (D) by encouraging Federal agencies, State agencies, political subdivisions of the State, and nonprofit organizations to undertake new interpretive initiatives with respect to the Area.

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

      (6) LAND EXCHANGES- The Commission shall assist in identifying and implementing land exchanges by Federal and State agencies that will expand open space and recreational opportunities within the flood plain of the Area.

SEC. 10. TERMINATION OF THE COMMISSION.

    (a) TERMINATION- Except as provided in subsection (b), the Commission shall terminate 5 years after the date of approval of the Plan by the Secretary.

    (b) EXTENSION- The Commission may be extended for a period of not more than 5 years from the date of termination established in subsection (a), if, not later than 180 days before that date--

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

      (2) the Commission submits a proposed extension to the--

        (A) Committee on Interior and Insular Affairs of the House of Representatives;

        (B) Committee on Energy and Natural Resources of the Senate; and

        (C) Secretary of Agriculture; and

      (3) the Secretary approves the extension.

SEC. 11. DUTIES OF THE SECRETARY.

    (a) REVIEW OF PLAN- The Secretary shall review the Plan in accordance with subsections (b) and (c) of section 9.

    (b) ACQUISITION OF LAND-

      (1) IN GENERAL- The Secretary may acquire land and interests in land within the Area by donation, purchase with donated or appropriated funds, or exchange.

      (2) CONSENT REQUIRED- No land or interest in land may be acquired without the consent of the owner.

    (c) DEVELOPMENT OF THEME AND INTERPRETIVE MATERIALS- Following approval of the Plan as provided under subsections (b) and (c) of section 9, the Secretary shall--

      (1) complete an inventory of sites and structures of historical, architectural, or engineering significance in the Area;

      (2) complete an inventory of sites and resources of archaeological or geological significance in the Area;

      (3) develop a thematic structure for the interpretation of the heritage of the Area; and

      (4) design and fabricate interpretive materials based on the thematic structure, including--

        (A) guide brochures for exploring the Area by automobile, bicycle, boat, foot or other means of transportation considered appropriate;

        (B) indoor and outdoor visitor displays, which may include video presentations and models, at several locations within the urban river corridor portions of the Area;

        (C) a mobile display describing the history, development, present, and future use of the Area, to be used in the Area, public buildings, libraries, and schools; and

        (D) on National Forest System lands in the upper portions of the river basin, features ancillary to the history of water development theme.

    (d) TECHNICAL ASSISTANCE- The Secretary shall, upon the request of the Commission, provide technical assistance to the Commission in the preparation and implementation of the Plan pursuant to section 9.

    (e) PROFESSIONALS ON LOAN- Each fiscal year during the existence of the Commission, the Secretary shall detail to the Commission, on a nonreimbursable basis, 2 employees of the Department of the Interior to enable the Commission to carry out the Commission’s duties under section 8.

SEC. 12. OTHER FEDERAL ENTITIES.

    (a) DUTIES- Subject to section 13, a Federal entity conducting or supporting activities directly affecting the flow of the Cache La Poudre River through the Area, or the natural resources of the Area shall--

      (1) consult with the Commission with respect to the activities;

      (2) cooperate with the Commission in--

        (A) carrying out the entity’s duties in accordance with established management plans; and

        (B) to the extent practicable, coordinating the activities with the carrying out of the entity’s duties; and

      (3) to the extent practicable, conduct or support the activities in a manner consistent with the Plan and this Act.

    (b) AUTHORIZATION-

      (1) IN GENERAL- The Secretary or Administrator of a Federal agency may acquire land in the flood plain of the Area by exchange, based on fair market value. Land so acquired shall be used to fulfill the purposes for which the Area is established.

      (2) AUTHORIZATION TO CONVEY PROPERTY- The first sentence of section 203(k)(3) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)(3)) is amended by striking ‘historic monument, for the benefit of the public’ and inserting ‘historic monument or the Cache La Poudre River National Water Heritage Area, for the benefit of the public’.

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

    (a) EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS-

      (1) VOLUNTARY COOPERATION- In carrying out this Act, the Commission and Secretary shall, to the maximum extent feasible, emphasize voluntary cooperation.

      (2) RULES, REGULATIONS, STANDARDS, AND PERMIT PROCESSES- Nothing in this Act shall be considered to impose any environmental, occupational, safety, or other rule, regulation, standard, or permit process that is different from those that would be applicable had the Area not been established.

      (3) ENVIRONMENTAL QUALITY STANDARDS- Nothing in this Act shall be considered to impose the application or administration of any Federal or State environmental quality standard that is different from those that would be applicable had the Area not been established.

      (4) WATER STANDARDS- Nothing in this Act shall be considered to impose any Federal or State water use designation or water quality standard upon uses of, or discharges to, waters of the State or waters of the United States, within or adjacent to the Area, that is more restrictive than those that would be applicable had the Area not been established.

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

      (6) WATER FACILITIES- Nothing in the establishment of the Area shall affect the continuing use and operation, repair, rehabilitation, expansion, or new construction of water supply facilities, water and wastewater treatment facilities, stormwater facilities, public utilities, and common carriers.

      (7) WATER AND WATER RIGHTS- Nothing in the establishment of the Area shall be considered to authorize or imply the reservation or appropriation of water or water rights.

    (b) RESTRICTIONS ON COMMISSION AND SECRETARY- Nothing in this Act shall be construed to vest in the Commission or the Secretary the authority to--

      (1) require a Federal agency, State agency, political subdivision of the State, or private person to participate in a project or program carried out by the Commission or the Secretary under this Act;

      (2) intervene as a party in an administrative or judicial proceeding concerning the application or enforcement of a regulatory authority of a Federal agency, State agency, or political subdivision of the State, including 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) establish or modify any authority of the State, State agency, or political subdivision of the State with respect to the acquisition of lands or water, or interest in lands or water;

      (6) vest authority to reserve or appropriate water or water rights;

      (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 by other persons.

    (c) SAVINGS PROVISION- Nothing in this Act shall diminish, enlarge, or modify a right of a Federal agency, State agency, or political subdivision of the State--

      (1) to exercise civil and criminal jurisdiction within the Area; or

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

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) COMMISSION-

      (1) IN GENERAL- There are authorized to be appropriated $1,000,000 to the Commission to carry out this Act.

      (2) MATCHING FUNDS- Funds may be made available pursuant to this section only to the extent they are matched by equivalent funds or in-kind contributions of services or materials from non-Federal sources.

    (b) DEPARTMENT OF THE INTERIOR- There are authorized to be appropriated annually to the Department of the Interior such sums as are necessary to carry out the Secretary’s duties under this Act.