< Back to S. 342 (104th Congress, 1995–1996)

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 Dec 15, 1995 (Reported by Senate Committee).

This is not the latest text of this bill.

Download PDF

Source: GPO

S 342 RS

Calendar No. 281

104th CONGRESS

1st Session

S. 342

[Report No. 104-188]

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

IN THE SENATE OF THE UNITED STATES

February 2 (legislative day, JANUARY 30), 1995

Mr. BROWN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

December 15, 1995

Reported by Mr. MURKOWSKI, with an amendment

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


A BILL

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

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

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Cache La Poudre River National Water Heritage Area Act’. [<-Struck out]

[Struck out->] SEC. 2. FINDINGS AND PURPOSES. [<-Struck out]

    [Struck out->] (a) FINDINGS- Congress finds that-- [<-Struck out]

      [Struck out->] (1) the Cache La Poudre River Basin represents a nationally significant historical, recreational, scenic, cultural, natural, economic, and scientific resource; [<-Struck out]

      [Struck out->] (2) sites and structures within the Cache La Poudre River Basin symbolize in physical form-- [<-Struck out]

        [Struck out->] (A) the development and management of water resources critical to the westward expansion of the Nation; and [<-Struck out]

        [Struck out->] (B) the sociocultural evolution of a working river from aboriginal tribes, through-- [<-Struck out]

          [Struck out->] (i) early exploration; [<-Struck out]

          [Struck out->] (ii) 19th century settlement; [<-Struck out]

          [Struck out->] (iii) development of a water dependent agricultural economy; and [<-Struck out]

          [Struck out->] (iv) an ongoing transition to present day urban development; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (b) PURPOSES- The purposes of this Act are to-- [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 3. DEFINITIONS. [<-Struck out]

    [Struck out->] As used in this Act: [<-Struck out]

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

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

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (4) GOVERNOR- The term ‘Governor’ means the Governor of the State of Colorado. [<-Struck out]

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

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (7) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior. [<-Struck out]

      [Struck out->] (8) STATE- The term ‘State’ means the State of Colorado. [<-Struck out]

[Struck out->] SEC. 4. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL WATER HERITAGE AREA. [<-Struck out]

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

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (c) PUBLIC ACCESS TO MAP- The map shall be on file and available for public inspection in-- [<-Struck out]

      [Struck out->] (1) the offices of the Department of the Interior in Washington, District of Columbia; [<-Struck out]

      [Struck out->] (2) the offices of the National Park Service in Denver, Colorado; and [<-Struck out]

      [Struck out->] (3) local offices of-- [<-Struck out]

        [Struck out->] (A) the city of Fort Collins; [<-Struck out]

        [Struck out->] (B) Larimer County; [<-Struck out]

        [Struck out->] (C) the city of Greeley; and [<-Struck out]

        [Struck out->] (D) Weld County. [<-Struck out]

    [Struck out->] (d) ADMINISTRATION- The Area shall be administered in accordance with this Act. [<-Struck out]

[Struck out->] SEC. 5. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL WATER HERITAGE AREA COMMISSION. [<-Struck out]

    [Struck out->] (a) ESTABLISHMENT- [<-Struck out]

      [Struck out->] (1) IN GENERAL- There is established the Cache La Poudre River National Water Heritage Area Commission. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (b) MEMBERSHIP- [<-Struck out]

      [Struck out->] (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-- [<-Struck out]

        [Struck out->] (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; [<-Struck out]

        [Struck out->] (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; [<-Struck out]

        [Struck out->] (C) 3 members shall be recommended by the Governor and appointed by the Secretary, of whom-- [<-Struck out]

          [Struck out->] (i) 1 member shall represent the State; [<-Struck out]

          [Struck out->] (ii) 1 member shall represent Colorado State University in Fort Collins; and [<-Struck out]

          [Struck out->] (iii) 1 member shall represent the Northern Colorado Water Conservancy District; [<-Struck out]

        [Struck out->] (D) 6 members shall be representatives of local governments who are recommended by the Governor and appointed by the Secretary, of whom-- [<-Struck out]

          [Struck out->] (i) 1 member shall represent the city of Fort Collins; [<-Struck out]

          [Struck out->] (ii) 2 members shall represent Larimer County; [<-Struck out]

          [Struck out->] (iii) 1 member shall represent the city of Greeley; [<-Struck out]

          [Struck out->] (iv) 2 members shall represent Weld County; and [<-Struck out]

          [Struck out->] (v) 1 member shall represent the city of Loveland; and [<-Struck out]

        [Struck out->] (E) 3 members shall be recommended by the Governor and appointed by the Secretary, and shall-- [<-Struck out]

          [Struck out->] (i) represent the general public; [<-Struck out]

          [Struck out->] (ii) be citizens of the State; and [<-Struck out]

          [Struck out->] (iii) reside in the area through which the Area extends. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (3) VACANCIES- A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. [<-Struck out]

    [Struck out->] (c) TERMS OF SERVICE- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (2) INITIAL MEMBERS- The initial members of the Commission first appointed under subsection (b)(1) shall be appointed as follows: [<-Struck out]

        [Struck out->] (A) 3-YEAR TERMS- The following initial members shall serve for a 3-year term: [<-Struck out]

          [Struck out->] (i) The Director of the National Park Service (or the delegate of the Director). [<-Struck out]

          [Struck out->] (ii) 1 representative of Weld County. [<-Struck out]

          [Struck out->] (iii) 1 representative of Larimer County. [<-Struck out]

          [Struck out->] (iv) 1 representative of the city of Loveland. [<-Struck out]

          [Struck out->] (v) 1 representative of the general public. [<-Struck out]

        [Struck out->] (B) 2-YEAR TERMS- The following initial members shall serve for a 2-year term: [<-Struck out]

          [Struck out->] (i) The representative of the Forest Service. [<-Struck out]

          [Struck out->] (ii) The representative of the State. [<-Struck out]

          [Struck out->] (iii) The representative of Colorado State University. [<-Struck out]

          [Struck out->] (iv) The representative of the Northern Colorado Water Conservancy District. [<-Struck out]

        [Struck out->] (C) 1-YEAR TERMS- The following initial members shall serve for a 1-year term: [<-Struck out]

          [Struck out->] (i) 1 representative of the city of Fort Collins. [<-Struck out]

          [Struck out->] (ii) 1 representative of Larimer County. [<-Struck out]

          [Struck out->] (iii) 1 representative of the city of Greeley. [<-Struck out]

          [Struck out->] (iv) 1 representative of Weld County. [<-Struck out]

          [Struck out->] (v) 1 representative of the general public. [<-Struck out]

      [Struck out->] (3) PARTIAL TERMS- [<-Struck out]

        [Struck out->] (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. [<-Struck out]

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

    [Struck out->] (d) COMPENSATION- Members of the Commission shall receive no compensation for their service on the Commission. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 6. DIRECTOR AND STAFF OF THE COMMISSION. [<-Struck out]

    [Struck out->] (a) IN GENERAL- [<-Struck out]

      [Struck out->] (1) DIRECTOR- [<-Struck out]

        [Struck out->] (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. [<-Struck out]

        [Struck out->] (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. [<-Struck out]

      [Struck out->] (2) STAFF- [<-Struck out]

        [Struck out->] (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. [<-Struck out]

        [Struck out->] (B) APPOINTMENT AND COMPENSATION- Staff appointed by the Commission-- [<-Struck out]

          [Struck out->] (i) shall be appointed without regard to the civil service laws and regulations; and [<-Struck out]

          [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (c) STAFF OF OTHER AGENCIES- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (3) STATE- The Commission may-- [<-Struck out]

        [Struck out->] (A) accept the services of personnel detailed from the State, State agencies, and political subdivisions of the State; and [<-Struck out]

        [Struck out->] (B) reimburse the State, State agency, or political subdivision of the State for the services. [<-Struck out]

[Struck out->] SEC. 7. POWERS OF THE COMMISSION. [<-Struck out]

    [Struck out->] (a) HEARINGS- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (2) SUBPOENAS- The Commission may not issue subpoenas or exercise subpoena authority. [<-Struck out]

    [Struck out->] (b) ASSISTANCE WITH THEME- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (2) COORDINATE- The Commission may coordinate the integration of the history of water development theme with other plans of the Department of the Interior. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (e) GIFTS- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (f) REAL PROPERTY- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (2) EXCEPTION- Subject to paragraph (3), the Commission may acquire real property in the Area, and interests in real property in the Area-- [<-Struck out]

        [Struck out->] (A) by gift or devise; [<-Struck out]

        [Struck out->] (B) by purchase from a willing seller with money that was given or bequeathed to the Commission; or [<-Struck out]

        [Struck out->] (C) by exchange. [<-Struck out]

      [Struck out->] (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-- [<-Struck out]

        [Struck out->] (A) as soon as practicable after acquisition; [<-Struck out]

        [Struck out->] (B) without consideration; and [<-Struck out]

        [Struck out->] (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. [<-Struck out]

    [Struck out->] (g) COOPERATIVE AGREEMENTS- [<-Struck out]

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

        [Struck out->] (A) Federal agencies; [<-Struck out]

        [Struck out->] (B) State agencies; [<-Struck out]

        [Struck out->] (C) political subdivisions of the State; and [<-Struck out]

        [Struck out->] (D) persons. [<-Struck out]

      [Struck out->] (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-- [<-Struck out]

        [Struck out->] (A) Federal agency; [<-Struck out]

        [Struck out->] (B) State agency; [<-Struck out]

        [Struck out->] (C) political subdivision of the State; or [<-Struck out]

        [Struck out->] (D) person. [<-Struck out]

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

      [Struck out->] (1) Federal agencies; [<-Struck out]

      [Struck out->] (2) State agencies; [<-Struck out]

      [Struck out->] (3) political subdivisions of the State; and [<-Struck out]

      [Struck out->] (4) interested persons. [<-Struck out]

    [Struck out->] (i) MODIFICATION OF PLANS- [<-Struck out]

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

      [Struck out->] (2) NOTICE- No modification shall take effect until-- [<-Struck out]

        [Struck out->] (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 [<-Struck out]

        [Struck out->] (B) if the modification is significant, as determined by the Commission, the Commission has-- [<-Struck out]

          [Struck out->] (i) provided adequate notice of the modification by publication in the area of the Area; and [<-Struck out]

          [Struck out->] (ii) conducted a public hearing with respect to the modification. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 8. DUTIES OF THE COMMISSION. [<-Struck out]

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

    [Struck out->] (b) MEETINGS- [<-Struck out]

      [Struck out->] (1) TIMING- [<-Struck out]

        [Struck out->] (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. [<-Struck out]

        [Struck out->] (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. [<-Struck out]

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

      [Struck out->] (3) QUORUM- Ten members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. [<-Struck out]

      [Struck out->] (4) BUDGET- The affirmative vote of not less than 10 members of the Commission shall be required to approve the budget of the Commission. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 9. PREPARATION, REVIEW, AND IMPLEMENTATION OF THE PLAN. [<-Struck out]

    [Struck out->] (a) PREPARATION OF PLAN- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (2) DEVELOPMENT- In developing the Plan, the Commission shall-- [<-Struck out]

        [Struck out->] (A) consult on a regular basis with appropriate officials of any-- [<-Struck out]

          [Struck out->] (i) Federal or State agency; [<-Struck out]

          [Struck out->] (ii) political subdivision of the State; or [<-Struck out]

          [Struck out->] (iii) local government that has jurisdiction over or an ownership interest in land, water, or water rights within the Area; and [<-Struck out]

        [Struck out->] (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. [<-Struck out]

      [Struck out->] (3) RELATIONSHIP TO EXISTING PLANS- The Plan-- [<-Struck out]

        [Struck out->] (A) shall recognize any existing Federal, State, and local plans; [<-Struck out]

        [Struck out->] (B) shall not interfere with the implementation, administration, or amendment of the plans; and [<-Struck out]

        [Struck out->] (C) to the extent feasible, shall seek to coordinate the plans and present a unified interpretation plan for the Area. [<-Struck out]

    [Struck out->] (b) REVIEW OF PLAN- [<-Struck out]

      [Struck out->] (1) IN GENERAL- The Commission shall submit the Plan to the Governor and to the Secretary for their review. [<-Struck out]

      [Struck out->] (2) GOVERNOR- The Governor may review the Plan and submit the Plan to the Secretary, together with any recommendations. [<-Struck out]

      [Struck out->] (3) SECRETARY- The Secretary shall approve or disapprove the Plan within 90 days. In reviewing the Plan, the Secretary shall consider the adequacy of-- [<-Struck out]

        [Struck out->] (A) public participation; [<-Struck out]

        [Struck out->] (B) assurances of Plan implementation from State and local officials; [<-Struck out]

        [Struck out->] (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; [<-Struck out]

        [Struck out->] (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; [<-Struck out]

        [Struck out->] (E) the Plan in ensuring the effective implementation of local aspects of the Plan; [<-Struck out]

        [Struck out->] (F) the financial resources that are in place to implement the Plan; and [<-Struck out]

        [Struck out->] (G) Plan provisions for continuing oversight of the Plan implementation by the Governor, Secretary, and Commission. [<-Struck out]

    [Struck out->] (c) DISAPPROVAL OF PLAN- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (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: [<-Struck out]

      [Struck out->] (1) CULTURAL RESOURCES- [<-Struck out]

        [Struck out->] (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. [<-Struck out]

        [Struck out->] (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. [<-Struck out]

      [Struck out->] (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-- [<-Struck out]

        [Struck out->] (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 [<-Struck out]

        [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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-- [<-Struck out]

        [Struck out->] (A) by consulting with the Secretary with respect to the implementation of the Secretary’s duties under section 11; [<-Struck out]

        [Struck out->] (B) by establishing visitor orientation centers and other interpretive exhibits within the urban river corridor portions of the Area; [<-Struck out]

        [Struck out->] (C) by encouraging voluntary cooperation and coordination, with respect to ongoing interpretive services in the Area, among-- [<-Struck out]

          [Struck out->] (i) Federal agencies; [<-Struck out]

          [Struck out->] (ii) State agencies; [<-Struck out]

          [Struck out->] (iii) political subdivisions of the State; [<-Struck out]

          [Struck out->] (iv) nonprofit organizations; and [<-Struck out]

          [Struck out->] (v) private citizens; and [<-Struck out]

        [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 10. TERMINATION OF THE COMMISSION. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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-- [<-Struck out]

      [Struck out->] (1) the Commission determines that an extension is necessary in order to carry out this Act; [<-Struck out]

      [Struck out->] (2) the Commission submits a proposed extension to the-- [<-Struck out]

        [Struck out->] (A) Committee on Interior and Insular Affairs of the House of Representatives; [<-Struck out]

        [Struck out->] (B) Committee on Energy and Natural Resources of the Senate; and [<-Struck out]

        [Struck out->] (C) Secretary of Agriculture; and [<-Struck out]

      [Struck out->] (3) the Secretary approves the extension. [<-Struck out]

[Struck out->] SEC. 11. DUTIES OF THE SECRETARY. [<-Struck out]

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

    [Struck out->] (b) ACQUISITION OF LAND- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (2) CONSENT REQUIRED- No land or interest in land may be acquired without the consent of the owner. [<-Struck out]

    [Struck out->] (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-- [<-Struck out]

      [Struck out->] (1) complete an inventory of sites and structures of historical, architectural, or engineering significance in the Area; [<-Struck out]

      [Struck out->] (2) complete an inventory of sites and resources of archaeological or geological significance in the Area; [<-Struck out]

      [Struck out->] (3) develop a thematic structure for the interpretation of the heritage of the Area; and [<-Struck out]

      [Struck out->] (4) design and fabricate interpretive materials based on the thematic structure, including-- [<-Struck out]

        [Struck out->] (A) guide brochures for exploring the Area by automobile, bicycle, boat, foot or other means of transportation considered appropriate; [<-Struck out]

        [Struck out->] (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; [<-Struck out]

        [Struck out->] (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 [<-Struck out]

        [Struck out->] (D) on National Forest System lands in the upper portions of the river basin, features ancillary to the history of water development theme. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 12. OTHER FEDERAL ENTITIES. [<-Struck out]

    [Struck out->] (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-- [<-Struck out]

      [Struck out->] (1) consult with the Commission with respect to the activities; [<-Struck out]

      [Struck out->] (2) cooperate with the Commission in-- [<-Struck out]

        [Struck out->] (A) carrying out the entity’s duties in accordance with established management plans; and [<-Struck out]

        [Struck out->] (B) to the extent practicable, coordinating the activities with the carrying out of the entity’s duties; and [<-Struck out]

      [Struck out->] (3) to the extent practicable, conduct or support the activities in a manner consistent with the Plan and this Act. [<-Struck out]

    [Struck out->] (b) AUTHORIZATION- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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’. [<-Struck out]

[Struck out->] SEC. 13. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS, RESTRICTIONS, AND SAVINGS PROVISIONS. [<-Struck out]

    [Struck out->] (a) EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS- [<-Struck out]

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

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (b) RESTRICTIONS ON COMMISSION AND SECRETARY- Nothing in this Act shall be construed to vest in the Commission or the Secretary the authority to-- [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (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-- [<-Struck out]

        [Struck out->] (A) land use regulation; [<-Struck out]

        [Struck out->] (B) environmental quality; [<-Struck out]

        [Struck out->] (C) licensing; [<-Struck out]

        [Struck out->] (D) permitting; [<-Struck out]

        [Struck out->] (E) easements; [<-Struck out]

        [Struck out->] (F) private land development; or [<-Struck out]

        [Struck out->] (G) other occupational or access issue; [<-Struck out]

      [Struck out->] (3) establish or modify a regulatory authority of a Federal agency, State agency, or political subdivision of the State, including authority relating to-- [<-Struck out]

        [Struck out->] (A) land use regulation; [<-Struck out]

        [Struck out->] (B) environmental quality; or [<-Struck out]

        [Struck out->] (C) pipeline or utility crossings; [<-Struck out]

      [Struck out->] (4) modify a policy of a Federal agency, State agency, or political subdivision of the State; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (6) vest authority to reserve or appropriate water or water rights; [<-Struck out]

      [Struck out->] (7) deny, condition, or restrict the construction, repair, rehabilitation, or expansion of water facilities, including stormwater, water, and wastewater treatment facilities; or [<-Struck out]

      [Struck out->] (8) deny, condition, or restrict the exercise of water rights by other persons. [<-Struck out]

    [Struck out->] (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-- [<-Struck out]

      [Struck out->] (1) to exercise civil and criminal jurisdiction within the Area; or [<-Struck out]

      [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 14. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->] (a) COMMISSION- [<-Struck out]

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

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

SECTION 1. SHORT TITLE.

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

SEC. 2. PURPOSE.

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

SEC. 3. DEFINITIONS.

    As used in this Act:

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

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

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

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

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

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

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

    (a) ESTABLISHMENT- There is established in the State of Colorado the Cache La Poudre River National Water Heritage Area.

    (b) BOUNDARIES- The boundaries of this Area shall include those lands within the 100-year flood plain of the Cache La Poudre River Basin, beginning at a point where the Cache La Poudre River flows out of the Roosevelt National Forest and continuing east along said floodplain to a point one quarter of one mile west of the confluence of the Cache La Poudre River and the South Platte Rivers in Weld County, Colorado, comprising less than 35,000 acres, and generally depicted as the 100-year flood boundary on the Federal Flood Insurance maps listed below:

      (1) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, CO- Community-Panel No. 080101 0146B, April 2, 1979. United States Department of Housing and Urban Development, Federal Insurance Administration.

      (2) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, CO- Community-Panel No. 080101 0147B, April 2, 1979. United States Department of Housing and Urban Development, Federal Insurance Administration.

      (3) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, CO- Community-Panel No. 080101 0162B, April 2, 1979. United States Department of Housing and Urban Development, Federal Insurance Administration.

      (4) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, CO- Community-Panel No. 080101 0163C, March 18, 1986. Federal Emergency Management Agency, Federal Insurance Administration.

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

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

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

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

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

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

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

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

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

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

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

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

      (17) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, CO- Community-Panel No. 080184 0002B, July 16, 1979. United States Department of Housing and Urban Development, Federal Insurance Administration.

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

      (19) FLOOD INSURANCE RATE MAP, LARIMER COUNTY, CO- Community-Panel No. 080266 0637C, September 28, 1982. Federal Emergency Management Agency, Federal Insurance Administration.

    As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a detailed description and map of the boundaries of the Area.

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

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

      (2) local offices of the city of Fort Collins, Larimer County, the city of Greeley, and Weld County.

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

    (a) Establishment-

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

      (2) FUNCTION- The Commission, in consultation with appropriate Federal, State, and local authorities, shall develop and implement an integrated plan to interpret elements of the history of water development within the Area.

    (b) MEMBERSHIP-

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

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

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

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

          (i) 1 member shall represent the State;

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

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

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

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

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

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

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

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

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

          (i) represent the general public;

          (ii) be citizens of the State; and

          (iii) reside within the Area.

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

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

    (c) Terms of Service-

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

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

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

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

          (ii) 1 representative of Weld County.

          (iii) 1 representative of Larimer County.

          (iv) 1 representative of the city of Loveland.

          (v) 1 representative of the general public.

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

          (i) The representative of the Forest Service.

          (ii) The representative of the State.

          (iii) The representative of Colorado State University.

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

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

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

          (ii) 1 representative of Larimer County.

          (iii) 1 representative of the city of Greeley.

          (iv) 1 representative of Weld County.

          (v) 1 representative of the general public.

      (3) Partial terms-

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

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

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

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

SEC. 6. STAFF OF THE COMMISSION.

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

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

        (A) shall be appointed without regard to the city service laws and regulations; and

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

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

    (c) Staff of Other Agencies-

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

      (2) ADMINISTRATIVE SUPPORT SERVICES- The Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.

      (3) STATE- The Commission may--

        (A) accept the service of personnel detailed from the State, State agencies, and political subdivisions of the State; and

        (B) reimburse the State, State agency, or political subdivision of the State for such services.

SEC. 7. POWERS OF THE COMMISSION.

    (a) Hearings-

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

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

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

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

    (d) Gifts-

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

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

    (e) Real Property-

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

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

        (A) by gift or devise;

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

        (C) by exchange.

      (3) CONVEYANCE TO PUBLIC AGENCIES- Any real property or interest in real property acquired by the Commission under paragraph (2) shall be conveyed by the Commission to an appropriate non-Federal public agency, as determined by the Commission. The conveyance shall be made--

        (A) as soon as practicable after acquisition;

        (B) without consideration; and

        (C) on the condition that the real property or interest in real property so conveyed is used in furtherance of the purpose for which the Area is established.

    (f) COOPERATIVE AGREEMENTS- For the purpose of carrying out the Plan, the Commission may enter into cooperative agreements with Federal agencies, State agencies, political subdivisions of the State, and persons. Any such cooperative agreement shall, at a minimum, establish procedures for providing notice to the Commission of any action that may affect the implementation of the Plan.

    (g) ADVISORY GROUPS- The Commission may establish such advisory groups as it considers necessary to ensure open communication with, and assistance from Federal agencies, State agencies, political subdivisions of the State, and interested persons.

    (h) Modification of Plans-

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

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

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

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

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

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

        (C) the Governor has approved the modification.

SEC. 8. DUTIES OF THE COMMISSION.

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

    (b) MEETINGS-

      (1) TIMING-

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

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

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

      (3) BUDGET- The affirmative vote of not less than 10 members of the Commission shall be required to approve the budget of the Commission.

    (c) ANNUAL REPORTS- Not later than May 15 of each year, following the year in which the members of the Commission have been appointed, the Commission shall publish and submit, to the Secretary and to the Governor, an annual report concerning the Commission’s activities.

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

    (a) PREPARATION OF PLAN-

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

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

        (A) consult on a regular basis with appropriate officials of any Federal or State agency, political subdivision of the State, and local government that has jurisdiction over or an ownership interest in land, water, or water rights within the Area; and

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

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

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

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

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

    (b) REVIEW OF PLAN-

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

      (2) GOVERNOR- The Governor may review the Plan and if he concurs in the Plan, may submit the Plan to the Secretary, together with any recommendations.

      (3) SECRETARY- The Secretary shall approve or disapprove the Plan within 90 days. In reviewing the Plan, the Secretary shall consider the adequacy of--

        (A) public participation; and

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

    (c) DISAPPROVAL OF PLAN-

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

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

      (3) RESUBMISSION TO SECRETARY- If the Governor concurs in the revised Plan, he may submit the revised plan to the Secretary who shall approve or disapprove the revision within 60 days. If the Governor does not concur in the revised plan, he may resubmit it to the Commission together with his recommendations for further consideration and modification.

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

      (1) Cultural resources-

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

        (B) EXCEPTION- In providing the assistance, the Commission shall in no way infringe upon the authorities and policies of a Federal agency, State agency, or political subdivision of the State concerning the administration and management of property, water, or water rights held by such agency, political subdivision, or private persons or entities, or affect the jurisdiction of the State of Colorado over any property, water, or water rights within the Area.

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

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

        (B) by cooperating with Federal agencies, State agencies, and political subdivisions of the State in acquiring, on a willing seller basis, any identified structure, site, or resource which the Commission, with the concurrence of the Governor, determines should be acquired and held by an agency of the State.

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

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

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

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

        (C) by encouraging voluntary cooperation and coordination, with respect to ongoing interpretive services in the Area, among Federal agencies, State agencies, political subdivisions of the State, nonprofit organizations, and private citizens, and

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

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

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

SEC. 10. TERMINATION OF THE COMMISSION.

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

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

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

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

        (A) Governor;

        (B) Committee on Resources of the House of Representatives;

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

        (D) Secretary of Agriculture;

      (3) the Governor notifies the Secretary that he concurs in the extension, and

      (4) the Secretary approves the extension.

SEC. 11. DUTIES OF THE SECRETARY.

    (a) ACQUISITION OF LAND- The Secretary may acquire land and interests in land within the Area that have been specifically identified by the Commission for acquisition by the Federal government and that have been approved for such acquisition by the Governor and the political subdivision of the State where the land is located by donation, purchase with donated or appropriated funds, or exchange. Acquisition authority may only be used if such lands cannot be acquired by donation or exchange. No land or interest in land may be acquired without the consent of the owner.

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

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

SEC. 12. OTHER FEDERAL ENTITIES.

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

    (b) AUTHORIZATION-

      (1) IN GENERAL- The Secretary or Administrator of a Federal agency may acquire land in the flood plain of the Area by exchange for other lands within such agency’s jurisdiction within the State of Colorado, based on fair market value: Provided, That such lands have been identified by the Commission for acquisition by a Federal agency and the Governor and the political subdivision of the State or the owner where the lands are located concur in the exchange. Land so acquired shall be used to fulfill the purpose for which the Area is established.

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

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

    (a) EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS-

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

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

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

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

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

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

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

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

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

      (2) intervene as a party in an administrative or judicial proceeding concerning the application or enforcement of a regulatory authority of a Federal agency, State agency, or political subdivision of the State, including, but not limited to, authority relating to--

        (A) land use regulation;

        (B) environmental quality;

        (C) licensing;

        (D) permitting;

        (E) easements;

        (F) private land development; or

        (G) other occupational or access issue;

      (3) establish or modify a regulatory authority of a Federal agency, State agency, or political subdivision of the State, including authority relating to--

        (A) land use regulation;

        (B) environmental quality; or

        (C) pipeline or utility crossings;

      (4) modify a policy of a Federal agency, State agency, or political subdivision of the State;

      (5) attest in any manner the authority and jurisdiction of the State with respect to the acquisition of lands or water, or interest in lands or water;

      (6) vest authority to reserve or appropriate water or water rights in any entity for any purpose;

      (7) deny, condition, or restrict the construction, repair, rehabilitation, or expansion of water facilities, including stormwater, water, and wastewater treatment facilities; or

      (8) deny, condition, or restrict the exercise of water rights in accordance with the substantive and procedural requirements of the laws of the State.

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

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

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

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) COMMISSION-

      (1) IN GENERAL- There are authorized to be appropriated not to exceed $250,000 to the Commission to carry out this Act.

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

    S 342 RS----2

    S 342 RS----3

    S 342 RS----4

    S 342 RS----5