[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 342 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                 S. 342

_______________________________________________________________________

                                 AN ACT


 
            To establish the Cache La Poudre River Corridor.

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

SEC. 100. SHORT TITLE.

    This Act may be cited as the ``Cache La Poudre River Corridor 
Act''.

SEC. 101. PURPOSE.

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

SEC. 102. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Cache La 
        Poudre Corridor Commission established by section 104(a).
            (2) Corridor.--The term ``Corridor'' means the Cache La 
        Poudre Corridor established by section 103(a).
            (3) Governor.--The term ``Governor'' means the Governor of 
        the State of Colorado.
            (4) Plan.--The term ``Plan'' means the corridor 
        interpretation plan prepared by the Commission pursuant to 
        section 108(a).
            (5) Political subdivision of the state.--The term 
        ``political subdivision of the State'' means a political 
        subdivision of the State of Colorado, any part of which is 
        located in or adjacent to the Corridor, including a county, 
        city, town, water conservancy district, or special district.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

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

    (a) Establishment.--There is established in the State of Colorado 
the Cache La Poudre Corridor.
    (b) Boundaries.--The boundaries of the Corridor shall include the 
lands within the 100-year flood plain of the Cache La Poudre River 
Basin, beginning at a point where the Cache La Poudre River flows out 
of the Roosevelt National Forest and continuing east along the 
floodplain to a point \1/4\ mile west of the confluence of the Cache La 
Poudre River and the South Platte Rivers in Weld County, Colorado, 
comprising less than 35,000 acres, and generally depicted as the 100-
year flood boundary on the Federal Flood Insurance maps listed below:
            (1) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080101 0146B, April 2, 1979. United States 
        Department of Housing and Urban Development, Federal Insurance 
        Administration.
            (2) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080101 0147B, April 2, 1979. United States 
        Department of Housing and Urban Development, Federal Insurance 
        Administration.
            (3) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080101 0162B, April 2, 1979. United States 
        Department of Housing and Urban Development, Federal Insurance 
        Administration.
            (4) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080101 0163C, March 18, 1986. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (5) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080101 0178C, March 18, 1986. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (6) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080102 0002B, February 15, 1984. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (7) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080101 0179C, March 18, 1986. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (8) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080101 0193D, November 17, 1993. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (9) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080101 0194D, November 17, 1993. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (10) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080101 0208C, November 17, 1993. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (11) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080101 0221C, November 17, 1993. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (12) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080266 0605D, September 27, 1991. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (13) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080264 0005A, September 27, 1991. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (14) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080266 0608D, September 27, 1991. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (15) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080266 0609C, September 28, 1982. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (16) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080266 0628C, September 28, 1982. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (17) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080184 0002B, July 16, 1979. United States 
        Department of Housing and Urban Development, Federal Insurance 
        Administration.
            (18) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080266 0636C, September 28, 1982. Federal 
        Emergency Management Agency, Federal Insurance Administration.
            (19) Flood insurance rate map, larimer county, colorado.--
        Community-Panel No. 080266 0637C, September 28, 1982. Federal 
        Emergency Management Agency, Federal Insurance Administration.

As soon as practicable after the date of enactment of this Act, the 
Secretary shall publish in the Federal Register a detailed description 
and map of the boundaries of the Corridor.
    (c) Public Access to Maps.--The maps shall be on file and available 
for public inspection in--
            (1) the offices of the Department of the Interior in 
        Washington, District of Columbia, and Denver, Colorado; and
            (2) local offices of the city of Fort Collins, Larimer 
        Country, the city of Greeley, and Weld County.

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

    (a) Cache La Poudre Corridor Commission.--
            (1) In general.--Upon the recommendation of the Governor, 
        the Secretary is authorized to recognize, for the purpose of 
        developing and implementing the plan referred to in subsection 
        (g)(1), the Cache La Poudre Corridor Commission, as such 
        Commission may be established by the State of Colorado or its 
        political subdivisions.
            (2) Reflection of cross-section of interests.--The 
        Secretary may provide recognition under paragraph (1) only if 
        the Commission reflects the following:
                    (A) Membership.--
                            (i) Composition.--The Commission shall be 
                        composed of 15 members appointed not later than 
                        6 months after the date of enactment of this 
                        Act. Of these 15 members--
                                    (I) 1 member shall be a 
                                representative of the Secretary of the 
                                Interior which member shall be an ex 
                                officio member;
                                    (II) 1 member shall be a 
                                representative of the Forest Service, 
                                appointed by the Secretary of 
                                Agriculture, which member shall be an 
                                ex officio member;
                                    (III) 3 members shall be 
                                recommended by the Governor and 
                                appointed by the Secretary, of whom--
                                            (aa) 1 member shall 
                                        represent the State;
                                            (bb) 1 member shall 
                                        represent Colorado State 
                                        University in Fort Collins; and
                                            (cc) 1 member shall 
                                        represent the Northern Colorado 
                                        Water Conservancy District;
                                    (IV) 6 members shall be 
                                representatives of local governments 
                                who are recommended by the Governor and 
                                appointed by the Secretary, of whom--
                                            (aa) 1 member shall 
                                        represent the city of Fort 
                                        Collins;
                                            (bb) 2 members shall 
                                        represent Larimer County, 1 of 
                                        which shall represent 
                                        agriculture or irrigated water 
                                        interests;
                                            (cc) 1 member shall 
                                        represent the city of Greeley;
                                            (dd) 2 members shall 
                                        represent Weld County, 1 of 
                                        which shall represent 
                                        agricultural or irrigated water 
                                        interests; and
                                            (ee) 1 member shall 
                                        represent the city of Loveland; 
                                        and
                                    (V) 3 members shall be recommended 
                                by the Governor and appointed by the 
                                Secretary, and shall--
                                            (aa) represent the general 
                                        public;
                                            (bb) be citizens of the 
                                        State; and
                                            (cc) reside within the 
                                        Corridor.
                            (ii) Chairperson.--The chairperson of the 
                        Commission shall be elected by the members of 
                        the Commission from among members appointed 
                        under subclause (III), (IV), or (V) of clause 
                        (i). The chairperson shall be elected for a 2-
                        year term.
                            (iii) Vacancies.--A vacancy on the 
                        Commission shall be filled in the same manner 
                        in which the original appointment was made.
                    (B) Terms of Service.--
                            (i) In general.--Except as provided in 
                        clause (ii) and (iii), each member of the 
                        Commission shall be appointed for a term of 3 
                        years and may be reappointed.
                            (ii) Initial members.--The initial members 
                        of the Commission first appointed under 
                        subparagraph (A)(i) shall be appointed as 
                        follows:
                                    (I) 3-year terms.--The following 
                                initial members shall serve for a 3-
                                year term:
                                            (aa) The representative of 
                                        the Secretary of the Interior.
                                            (bb) 1 representative of 
                                        Weld County.
                                            (cc) 1 representative of 
                                        Larimer County.
                                            (dd) 1 representative of 
                                        the city of Loveland.
                                            (ee) 1 representative of 
                                        the general public.
                                    (II) 2-year terms.--The following 
                                initial members shall serve for a 2-
                                year term:
                                            (aa) The representative of 
                                        the Forest Service.
                                            (bb) The representative of 
                                        the State.
                                            (cc) The representative of 
                                        Colorado State University.
                                            (dd) The representative of 
                                        the Northern Colorado Water 
                                        Conservancy District.
                                    (III) 1-year terms.--The following 
                                initial members shall serve for a 1-
                                year term:
                                            (aa) 1 representative of 
                                        the city of Fort Collins.
                                            (bb) 1 representative of 
                                        Larimer County.
                                            (cc) 1 representative of 
                                        the city of Greeley.
                                            (dd) 1 representative of 
                                        Weld County.
                                            (ee) 1 representative of 
                                        the general public.
                            (iii) Partial terms.--
                                    (I) Filling vacancies.--A member of 
                                the Commission appointed to fill a 
                                vacancy occurring before the expiration 
                                of the term for which a predecessor was 
                                appointed shall be appointed only for 
                                the remainder of the member's term.
                                    (II) Extended service.--A member of 
                                the Commission may serve after the 
                                expiration of that member's term until 
                                a successor has taken office.
                    (C) Compensation.--Members of the Commission shall 
                receive no compensation for their service on the 
                Commission.
                    (D) Travel Expenses.--While away from their homes 
                or regular places of business in the performance of 
                services for the Commission, members shall be allowed 
                travel expenses, including per diem in lieu of 
                subsistence, in the same manner as persons employed 
                intermittently in the Government service are allowed 
                expenses under section 5703 of title 5, United States 
                Code.

SEC. 105. STAFF OF THE COMMISSION.

    (a) Staff.--The Commission shall have the power to appoint and fix 
the compensation of such staff as may be necessary to carry out the 
duties of the Commission.
            (1) Appointment and compensation.--Staff appointed by the 
        Commission--
                    (A) shall be appointed without regard to the civil 
                service laws (including regulations); and
                    (B) shall be compensated without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates.
    (b) Experts and Consultants.--Subject to such rules as may be 
adopted by the Commission, the Commission may procure temporary and 
intermittent services to the same extent as is authorized by section 
3109(b) of title 5, United States Code, at rates for individuals that 
do not exceed the daily equivalent of the annual rate of basic pay 
prescribed for level V of the Executive Schedule under section 5316 of 
that title.
    (c) Staff of Other Agencies.--
            (1) Federal.--Upon request of the Commission, the head of a 
        Federal agency may detail, on a reimbursement basis, any of the 
        personnel of the agency to the Commission to assist the 
        Commission in carrying out the Commission's duties. The detail 
        shall be without interruption or loss of civil service status 
        or privilege.
            (2) Administrative support services.--The Administrator of 
        the General Services Administration shall provide to the 
        Commission, on a reimbursable basis, such administrative 
        support services as the Commission may request.
            (3) State.--The Commission may--
                    (A) accept the service of personnel detailed from 
                the State, State agencies, and political subdivisions 
                of the State; and
                    (B) reimburse the State, State agency, or political 
                subdivision of the State for such services.

SEC. 106. POWERS OF THE COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers necessary to 
        carry out this title.
            (2) Subpoenas.--The Commission may not issue subpoenas or 
        exercise any subpoena authority.
    (b) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the Federal Government.
    (c) Matching Funds.--The Commission may use its funds to obtain 
money from any source under a program or law requiring the recipient of 
the money to make a contribution in order to receive the money.
    (d) Gifts.--Except as provided in subsection (e)(3), the Commission 
may, for the purpose of carrying out its duties, seek, accept, and 
dispose of gifts, bequests, or donations of money, personal property, 
or services received from any source.
    (e) Real Property.--
            (1) In general.--Except as provided in paragraph (2), the 
        Commission may not acquire real property or an interest in real 
        property.
            (2) Exception.--Subject to paragraph (3), the Commission 
        may acquire real property in the Corridor, and interests in 
        real property in the Corridor--
                    (A) by gift or device;
                    (B) by purchase from a willing seller with money 
                that was given or bequeathed to the Commission; or
                    (C) by exchange.
            (3) Conveyance to public agencies.--Any real property or 
        interest in real property acquired by the Commission under 
        paragraph (2) shall be conveyed by the Commission to an 
        appropriate non-Federal public agency, as determined by the 
        Commission. The conveyance shall be made--
                    (A) as soon as practicable after acquisition;
                    (B) without consideration; and
                    (C) on the condition that the real property or 
                interest in real property so conveyed is used in 
                furtherance of the purpose for which the Corridor is 
                established.
    (f) Cooperative Agreements.--For the purpose of carrying out the 
Plan, the Commission may enter into cooperative agreements with Federal 
agencies, State agencies, political subdivisions of the State, and 
persons. Any such cooperative agreement shall, at a minimum, establish 
procedures for providing notice to the Commission of any action that 
may affect the implementation of the Plan.
    (g) Advisory Groups.--The Commission may establish such advisory 
groups as it considers necessary to ensure open communication with, and 
assistance from Federal agencies, State agencies, political 
subdivisions of the State, and interested persons.
    (h) Modification of Plans.--
            (1) In general.--The Commission may modify the Plan if the 
        Commission determines that such modification is necessary to 
        carry out this title.
            (2) Notice.--No modification shall take effect until--
                    (A) any Federal agency, State agency, or political 
                subdivision of the State that may be affected by the 
                modification receives adequate notice of, and an 
                opportunity to comment on, the modification;
                    (B) if the modification is significant, as 
                determined by the Commission, the Commission has--
                            (i) provided adequate notice of the 
                        modification by publication in the area of the 
                        Corridor; and
                            (ii) conducted a public hearing with 
                        respect to the modification; and
                    (C) the Governor has approved the modification.

SEC. 107. DUTIES OF THE COMMISSION.

    (a) Plan.--The Commission shall prepare, obtain approval for, 
implement, and support the Plan in accordance with section 108.
    (b) Meetings.--
            (1) Timing.--
                    (A) Initial meeting.--The Commission shall hold its 
                first meeting not later than 90 days after the date on 
                which its last initial member is appointed.
                    (B) Subsequent meetings.--After the initial 
                meeting, the Commission shall meet at the call of the 
                chairperson or 7 of its members, except that the 
                commission shall meet at least quarterly .
            (2) Quorum.--Ten members of the Commission shall constitute 
        a quorum, but a lesser number of members may hold hearings.
            (3) Budget.--The affirmative vote of not less than 10 
        members of the Commission shall be required to approve the 
        budget of the Commission.
    (c) Annual Reports.--Not later than May 15 of each year, following 
the year in which the members of the Commission have been appointed, 
the Commission shall publish and submit to the Secretary and to the 
Governor, an annual report concerning the Commission's activities.

SEC. 108. PREPARATION, REVIEW, AND IMPLEMENTATION OF THE PLAN.

    (a) Preparation of Plan.--
            (1) In general.--Not later than 2 years after the 
        Commission conducts its first meeting, the Commission shall 
        submit to the Governor a Corridor Interpretation Plan.
            (2) Development.--In developing the Plan, the Commission 
        shall--
                    (A) consult on a regular basis with appropriate 
                officials of any Federal or State agency, political 
                subdivision of the State, and local government that has 
                jurisdiction over or an ownership interest in land, 
                water, or water rights within the Corridor; and
                    (B) conduct public hearings within the Corridor for 
                the purpose of providing interested persons the 
                opportunity to testify about matters to be addressed by 
                the Plan.
            (3) Relationship to existing plans.--The Plan--
                    (A) shall recognize any existing Federal, State, 
                and local plans;
                    (B) shall not interfere with the implementation, 
                administration, or amendment of such plans; and
                    (C) to the extent feasible, shall seek to 
                coordinate the plans and present a unified 
                interpretation plan for the Corridor.
    (b) Review of Plan.--
            (1) In general.--The Commission shall submit the Plan to 
        the Governor for the Governor's review.
            (2) Governor.--The Governor may review the Plan and, if the 
        Governor concurs in the Plan, may submit the Plan to the 
        Secretary, together with any recommendations.
            (3) Secretary.--The Secretary shall approve or disapprove 
        the Plan within 90 days. In reviewing the Plan, the Secretary 
        shall consider the adequacy of--
                    (A) public participation; and
                    (B) the Plan in interpreting, for the educational 
                and inspirational benefit of present and future 
                generations, the unique and significant contributions 
                to our national heritage of cultural and historical 
                lands, waterways, and structures within the Corridor.
    (c) Disapproval of Plan.--
            (1) Notification by secretary.--If the Secretary 
        disapproves the Plan, the Secretary shall, not later than 60 
        days after the date of disapproval, advise the Governor and the 
        Commission of the reasons for disapproval, together with 
        recommendations for revision.
                    (A) Revision and resubmission to governor.--Not 
                later than 90 days after receipt of the notice of 
                disapproval, the Commission shall revise and resubmit 
                the Plan to the Governor for review.
                    (B) Resubmission to secretary.--If the Governor 
                concurs in the revised Plan, he may submit the revised 
                Plan to the Secretary who shall approve or disapprove 
                the revision within 60 days. If the Governor does not 
                concur in the revised Plan, he may resubmit it to the 
                Commission together with his recommendations for 
                further consideration and modification.
            (2) Implementation of Plan.--After approval by the 
        Secretary, the Commission shall implement and support the Plan 
        as follows:
                    (A) Cultural resources.--
                            (i) In general.--The Commission shall 
                        assist Federal agencies, State agencies, 
                        political subdivisions of the State, and 
                        nonprofit organizations in the conservation and 
                        interpretation of cultural resources within the 
                        Corridor.
                            (ii) Exception.--In providing the 
                        assistance, the Commission shall in no way 
                        infringe upon the authorities and policies of a 
                        Federal agency, State agency, or political 
                        subdivision of the State concerning the 
                        administration and management of property, 
                        water, or water rights held by the agency, 
                        political subdivision, or private persons or 
                        entities, or affect the jurisdiction of the 
                        State of Colorado over any property, water, or 
                        water rights within the Corridor.
            (3) Public awareness.--The Commission shall assist in the 
        enhancement of public awareness of, and appreciation for, the 
        historical, recreational, architectural, and engineering 
        structures in the Corridor, and the archaeological, geological, 
        and cultural resources and sites in the Corridor--
                    (A) by encouraging private owners of identified 
                structures, sites, and resources to adopt voluntary 
                measures for the preservation of the identified 
                structure, site, or resource; and
                    (B) by cooperating with Federal agencies, State 
                agencies, and political subdivisions of the State in 
                acquiring, on a willing seller basis, any identified 
                structure, site, or resource which the Commission, with 
                the concurrence of the Governor, determines should be 
                acquired and held by an agency of the State.
            (4) Restoration.--The Commission may assist Federal 
        agencies, State agencies, political subdivisions of the State, 
        and nonprofit organizations in the restoration of any 
        identified structure or site in the Corridor with consent of 
        the owner. The assistance may include providing technical 
        assistance for historic preservation, revitalization, and 
        enhancement efforts.
            (5) Interpretation.--The Commission shall assist in the 
        interpretation of the historical, present, and future uses of 
        the Corridor--
                    (A) by consulting with the Secretary with respect 
                to the implementation of the Secretary's duties under 
                section 110;
                    (B) by assisting the State and political 
                subdivisions of the State in establishing and 
                maintaining visitor orientation centers and other 
                interpretive exhibits within the Corridor;
                    (C) by encouraging voluntary cooperation and 
                coordination, with respect to ongoing interpretive 
                services in the Corridor, among Federal agencies, State 
                agencies, political subdivisions of the State, 
                nonprofit organizations, and private citizens; and
                    (D) by encouraging Federal agencies, State 
                agencies, political subdivisions of the State, and 
                nonprofit organizations to undertake new interpretive 
                initiatives with respect to the Corridor.
            (6) Recognition.--The Commission shall assist in 
        establishing recognition for the Corridor by actively promoting 
        the cultural, historical, natural, and recreational resources 
        of the Corridor on a community, regional, statewide, national, 
        and international basis.
            (7) Land exchanges.--The Commission shall assist in 
        identifying and implementing land exchanges within the State of 
        Colorado by Federal and State agencies that will expand open 
        space and recreational opportunities within the flood plain of 
        the Corridor.

SEC. 109. TERMINATION OF TRAVEL EXPENSES PROVISION.

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

SEC. 110. DUTIES OF THE SECRETARY.

    (a) Acquisition of Land.--The Secretary may acquire land and 
interests in land within the Corridor that have been specifically 
identified by the Commission for acquisition by the Federal Government 
and that have been approved for the acquisition by the Governor and the 
political subdivision of the State where the land is located by 
donation, purchase with donated or appropriated funds, or exchange. 
Acquisition authority may only be used if the lands cannot be acquired 
by donation or exchange. No land or interest in land may be acquired 
without the consent of the owner.
    (b) Technical Assistance.--The Secretary shall, upon the request of 
the Commission, provide technical assistance to the Commission in the 
preparation and implementation of the Plan pursuant to section 108.
    (c) Detail.--Each fiscal year during the existence of the 
Commission, the Secretary shall detail to the Commission, on a 
nonreimbursable basis, 2 employees of the Department of the Interior to 
enable the Commission to carry out the Commission's duties under 
section 107.

SEC. 111. OTHER FEDERAL ENTITIES.

    (a) Duties.--Subject to section 112, a Federal entity conducting or 
supporting activities directly affecting the flow of the Cache La 
Poudre River through the Corridor, or the natural resources of the 
Corridor shall consult with the Commission with respect to the 
activities;
    (b) Authorization.--
            (1) In general.--The Secretary or Administrator of a 
        Federal agency may acquire land in the flood plain of the 
        Corridor by exchange for other lands within the agency's 
        jurisdiction within the State of Colorado, based on fair market 
        value, if the lands have been identified by the Commission for 
        acquisition by a Federal agency and the Governor and the 
        political subdivision of the State or the owner where the lands 
        are located concur in the exchange. Land so acquired shall be 
        used to fulfill the purpose for which the Corridor is 
        established.
            (2) Conveyance of surplus real property.--Without monetary 
        consideration to the United States, the Administrator of 
        General Services may convey to the State of Colorado, its 
        political subdivisions, or instrumentalities thereof all of the 
        right, title, and interest of the United States in and to any 
        surplus real property (within the meaning of section 3(g) of 
        the Federal Property and Administrative Services Act of 1949 
        (40 U.S.C. 472(g))) within the State of Colorado which the 
        Secretary has determined is suitable and desirable to meet the 
        purposes for which the Corridor is established. Subparagraph 
        (B) of section 203(k)(3) of such Act shall apply to any 
        conveyance made under this paragraph. For purposes of the 
        preceding sentence, such subparagraph shall be applied by 
        substituting ``the purposes for which the Cache La Poudre 
        Corridor is established'' for ``historic monument purposes''.

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

    (a) Effect on Environmental and Other Standards.--
            (1) Voluntary cooperation.--In carrying out this title, the 
        Commission and Secretary shall emphasize voluntary cooperation.
            (2) Rules, regulations, standards, and permit processes.--
        Nothing in this title shall be considered to impose or form the 
        basis for imposition of any environmental, occupational, 
        safety, or other rule, regulation, standard, or permit process 
        that is different from those that would be applicable had the 
        Corridor not been established.
            (3) Environmental quality standards.--Nothing in this title 
        shall be considered to impose the application or administration 
        of any Federal or State environmental quality standard that is 
        different from those that will be applicable had the Corridor 
        not been established.
            (4) Water standards.--Nothing in this title shall be 
        considered to impose any Federal or State water use designation 
        or water quality standard upon uses of, or discharges to, 
        waters of the State or waters of the United States, within or 
        adjacent to the Corridor, that is more restrictive than those 
        that would be applicable had the Corridor not been established.
            (5) Permitting of facilities.--Nothing in the establishment 
        of the Corridor shall abridge, restrict, or alter any 
        applicable rule, regulation, standard, or review procedure for 
        permitting of facilities within or adjacent to the Corridor.
            (6) Water facilities.--Nothing in the establishment of the 
        Corridor shall affect the continuing use and operation, repair, 
        rehabilitation, expansion, or new construction of water supply 
        facilities, water and wastewater treatment facilities, 
        stormwater facilities, public utilities, and common carriers.
            (7) Water and water rights.--Nothing in the establishment 
        of the Corridor shall be considered to authorize or imply the 
        reservation or appropriation of water or water rights for any 
        purpose.
    (b) Restrictions on Commission and Secretary.--Nothing in this 
title shall be construed to vest in the Commission or the Secretary the 
authority to--
            (1) require a Federal agency, State agency, political 
        subdivision of the State, or private person (including an owner 
        of private property) to participate in a project or program 
        carried out by the Commission or the Secretary under the title;
            (2) intervene as a party in an administrative or judicial 
        proceeding concerning the application or enforcement of a 
        regulatory authority of a Federal agency, State agency, or 
        political subdivision of the State, including, but not limited 
        to, authority relating to--
                    (A) land use regulation;
                    (B) environmental quality;
                    (C) licensing;
                    (D) permitting;
                    (E) easements;
                    (F) private land development; or
                    (G) other occupational or access issue;
            (3) establish or modify a regulatory authority of a Federal 
        agency, State agency, or political subdivision of the State, 
        including authority relating to--
                    (A) land use regulation;
                    (B) environmental quality; or
                    (C) pipeline or utility crossings;
            (4) modify a policy of a Federal agency, State agency, or 
        political subdivision of the State;
            (5) attest in any manner the authority and jurisdiction of 
        the State with respect to the acquisition of lands or water, or 
        interest in lands or water;
            (6) vest authority to reserve or appropriate water or water 
        rights in any entity for any purpose;
            (7) deny, condition, or restrict the construction, repair, 
        rehabilitation, or expansion of water facilities, including 
        stormwater, water, and wastewater treatment facilities; or
            (8) deny, condition, or restrict the exercise of water 
        rights in accordance with the substantive and procedural 
        requirements of the laws of the State.
    (c) Savings Provision.--Nothing in this title shall diminish, 
enlarge, or modify a right of a Federal agency, State agency, or 
political subdivision of the State--
            (1) to exercise civil and criminal jurisdiction within the 
        Corridor; or
            (2) to tax persons, corporations, franchises, or property, 
        including minerals and other interests in or on lands or waters 
        within the urban portions of the Corridor.
    (d) Access to Private Property.--Nothing in this title requires an 
owner of private property to allow access to the property by the 
public.

SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated not to 
exceed $50,000 to the Commission to carry out this Act for each of the 
first 5 fiscal years following the date of enactment of this Act.
    (b) Matching Funds.--Funds may be made available pursuant to this 
section only to the extent they are matched by equivalent funds or in-
kind contributions of services or materials from non-Federal sources.

            Passed the Senate October 3, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                 S. 342

_______________________________________________________________________

                                 AN ACT

            To establish the Cache La Poudre River Corridor.