[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 342 Introduced in Senate (IS)]
104th CONGRESS
1st Session
S. 342
To establish the Cache La Poudre River National Water Heritage Area in
the State of Colorado, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 2 (legislative day, January 30), 1995
Mr. Brown introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Cache La Poudre River National Water Heritage Area in
the State of Colorado, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cache La Poudre River National Water
Heritage Area Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Cache La Poudre River Basin represents a nationally
significant historical, recreational, scenic, cultural,
natural, economic, and scientific resource;
(2) sites and structures within the Cache La Poudre River
Basin symbolize in physical form--
(A) the development and management of water
resources critical to the westward expansion of the
Nation; and
(B) the sociocultural evolution of a working river
from aboriginal tribes, through--
(i) early exploration;
(ii) 19th century settlement;
(iii) development of a water dependent
agricultural economy; and
(iv) an ongoing transition to present day
urban development;
(3) the Cache La Poudre River National Water Heritage Area
will represent the first working river, within the National
Park Service's management theme of the history of water
development and river basin management in the westward
expansion of the United States, that will demonstrate the
historical, present, and future utilization of a river in the
development of the western United States;
(4) establishment of a Cache La Poudre River National Water
Heritage Area will provide a unique opportunity to observe and
understand the utilization of a working river as societal needs
and demands change, both in a historical context, and as
development and use of the Cache La Poudre River change in the
future;
(5) establishment of a Cache La Poudre River National Water
Heritage Area will provide for the maintenance and development
of needed recreational and natural open space necessary to the
urban environment; and
(6) despite efforts by State agencies, political
subdivisions of the State, volunteer organizations, and private
businesses, the cultural, historical, educational, and
recreational resources of the Cache La Poudre River Basin have
not realized full potential and may be lost without assistance
from the Federal Government.
(b) Purposes.--The purposes of this Act are to--
(1) retain, enhance, and interpret, for the educational and
inspirational benefit of present and future generations, the
unique and significant contributions to our national heritage
of cultural and historical lands, waterways, and structures
within the Cache La Poudre River Basin;
(2) provide an interpretive and management framework that
may be used by present and future generations to observe how
the changing and growing needs of all the various water users
within the Basin affect the use of the River over time,
including the structural and technological changes made to the
various water delivery, water storage, water treatment,
wastewater facilities, and stormwater facilities, located
within the Basin;
(3) provide a framework to assist the State agencies and
political subdivisions of the State in the development of a
plan to retain, enhance, and interpret the significant values
(past, present, and future) of the lands, waters, and
structures of the Basin, where feasible, consistent with the
present and future development and use of the Cache La Poudre
River for all beneficial purposes, as defined by State law; and
(4) recognize the special importance of the urban river
corridor through Fort Collins, Colorado, in the interpretation
and management of the history of water development theme.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Area.--The term ``Area'' means the Cache La Poudre
River National Water Heritage Area established by section 4(a).
(2) Commission.--The term ``Commission'' means the Cache La
Poudre River National Water Heritage Area Commission
established by section 5(a).
(3) History of water development theme.--The term ``history
of water development theme'' means the management theme of the
National Park Service relating to the history of water
development and river basin management in the westward
expansion of the United States.
(4) Governor.--The term ``Governor'' means the Governor of
the State of Colorado.
(5) Plan.--The term ``Plan'' means the water heritage area
interpretation and management plan prepared by the Commission
pursuant to section 9(a).
(6) Political subdivision of the state.--The term
``political subdivision of the State'' means a political
subdivision of the State of Colorado, any part of which is
located in or adjacent to the Area, including a county, city,
town, water conservancy district, or special district.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of Colorado.
SEC. 4. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL WATER
HERITAGE AREA.
(a) Establishment.--To carry out this Act, there is established in
the State of Colorado the Cache La Poudre River National Water Heritage
Area.
(b) Boundaries.--The boundaries of the Area shall include those
lands generally depicted on the map entitled ``Boundary Map, Cache La
Poudre River National Water Heritage Area'' numbered __________ and
dated __________________________. As soon as practicable after the date
of enactment of this Act, the Secretary shall publish in the Federal
Register a detailed description and map of the boundaries of the Area.
(c) Public Access to Map.--The map shall be on file and available
for public inspection in--
(1) the offices of the Department of the Interior in
Washington, District of Columbia;
(2) the offices of the National Park Service in Denver,
Colorado; and
(3) local offices of--
(A) the city of Fort Collins;
(B) Larimer County;
(C) the city of Greeley; and
(D) Weld County.
(d) Administration.--The Area shall be administered in accordance
with this Act.
SEC. 5. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL WATER
HERITAGE AREA COMMISSION.
(a) Establishment.--
(1) In general.--There is established the Cache La Poudre
River National Water Heritage Area Commission.
(2) Function.--The Commission shall coordinate with
appropriate Federal, State, and local authorities in the
development and implementation of an integrated plan to
interpret and manage elements of the history of water
development theme.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 15
members appointed not later than 6 months after the date of
enactment of this Act. Of these 15 members--
(A) 1 member shall be the Director of the National
Park Service (who shall be an ex officio member), or a
delegate of the Director;
(B) 1 member shall be a representative of the
Forest Service, appointed by the Secretary of
Agriculture, which member shall be an ex officio
member;
(C) 3 members shall be recommended by the Governor
and appointed by the Secretary, of whom--
(i) 1 member shall represent the State;
(ii) 1 member shall represent Colorado
State University in Fort Collins; and
(iii) 1 member shall represent the Northern
Colorado Water Conservancy District;
(D) 6 members shall be representatives of local
governments who are recommended by the Governor and
appointed by the Secretary, of whom--
(i) 1 member shall represent the city of
Fort Collins;
(ii) 2 members shall represent Larimer
County;
(iii) 1 member shall represent the city of
Greeley;
(iv) 2 members shall represent Weld County;
and
(v) 1 member shall represent the city of
Loveland; and
(E) 3 members shall be recommended by the Governor
and appointed by the Secretary, and shall--
(i) represent the general public;
(ii) be citizens of the State; and
(iii) reside in the area through which the
Area extends.
(2) Chairperson.--The chairperson of the Commission shall
be elected by the members of the Commission from among members
appointed under subparagraph (C), (D), or (E) of paragraph (1).
The chairperson shall be elected for a 2-year term.
(3) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was made.
(c) Terms of Service.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each member of the Commission shall be appointed for a
term of 3 years and may be reappointed.
(2) Initial members.--The initial members of the Commission
first appointed under subsection (b)(1) shall be appointed as
follows:
(A) 3-year terms.--The following initial members
shall serve for a 3-year term:
(i) The Director of the National Park
Service (or the delegate of the Director).
(ii) 1 representative of Weld County.
(iii) 1 representative of Larimer County.
(iv) 1 representative of the city of
Loveland.
(v) 1 representative of the general public.
(B) 2-year terms.--The following initial members
shall serve for a 2-year term:
(i) The representative of the Forest
Service.
(ii) The representative of the State.
(iii) The representative of Colorado State
University.
(iv) The representative of the Northern
Colorado Water Conservancy District.
(C) 1-year terms.--The following initial members
shall serve for a 1-year term:
(i) 1 representative of the city of Fort
Collins.
(ii) 1 representative of Larimer County.
(iii) 1 representative of the city of
Greeley.
(iv) 1 representative of Weld County.
(v) 1 representative of the general public.
(3) Partial terms.--
(A) Filling vacancies.--A member of the Commission
appointed to fill a vacancy occurring before the
expiration of the term for which a predecessor was
appointed shall be appointed only for the remainder of
the term.
(B) Extended service.--A member of the Commission
may serve after the expiration of that member's term
until a successor has taken office.
(d) Compensation.--Members of the Commission shall receive no
compensation for their service on the Commission.
(e) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5, United States Code.
SEC. 6. DIRECTOR AND STAFF OF THE COMMISSION.
(a) In General.--
(1) Director.--
(A) In general.--Based on recommendations from the
Commission, the Secretary of the Interior shall appoint
a Director who shall carry out the decisions of the
Commission.
(B) Compensation.--The Director shall be
compensated at a rate not to exceed the minimum rate of
basic pay prescribed for level GS-13 of the General
Schedule.
(2) Staff.--
(A) In general.--The Commission shall have the
power to appoint and fix the compensation of such staff
as may be necessary to carry out the duties of the
Commission.
(B) Appointment and compensation.--Staff appointed
by the Commission--
(i) shall be appointed without regard to
the civil service laws and regulations; and
(ii) shall be compensated without regard to
the provisions of chapter 51 and subchapter III
of chapter 53 of title 5, United States Code,
relating to classification of positions and
General Schedule pay rates.
(b) Experts and Consultants.--Subject to such rules as may be
adopted by the Commission, the Commission may procure temporary and
intermittent services to the same extent as is authorized by section
3109(b) of title 5, United States Code, at rates for individuals that
do not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section 5316 of
such title.
(c) Staff of Other Agencies.--
(1) Federal.--Upon request of the Commission, the head of a
Federal agency may detail, on a reimbursable basis, any of the
personnel of the agency to the Commission to assist the
Commission in carrying out the Commission's duties. The detail
shall be without interruption or loss of civil service status
or privilege.
(2) Administrative support services.--The Administrator of
the General Services Administration shall provide to the
Commission, on a reimbursable basis, such administrative
support services as the Commission may request.
(3) State.--The Commission may--
(A) accept the services of personnel detailed from
the State, State agencies, and political subdivisions
of the State; and
(B) reimburse the State, State agency, or political
subdivision of the State for the services.
SEC. 7. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers necessary to
carry out this Act.
(2) Subpoenas.--The Commission may not issue subpoenas or
exercise subpoena authority.
(b) Assistance With Theme.--
(1) In general.--The Commission may provide advice,
recommendations, and assistance to the Secretary in the
development and implementation of plans for the interpretation
of the history of water development theme.
(2) Coordinate.--The Commission may coordinate the
integration of the history of water development theme with
other plans of the Department of the Interior.
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the Federal Government.
(d) Matching Funds.--The Commission may use its funds to obtain
money from any source under a program or law requiring the recipient of
the money to make a contribution in order to receive the money.
(e) Gifts.--
(1) In general.--Except as provided in subsection
(f)(3)(B), the Commission may, for the purpose of carrying out
its duties, seek, accept, and dispose of gifts, bequests, or
donations of money, personal property, or services, received
from any source.
(2) Charitable contributions.--For the purpose of section
170(c) of the Internal Revenue Code of 1986, a gift to the
Commission shall be deemed to be a gift to the United States
for the benefit of the Area.
(f) Real Property.--
(1) In general.--Except as provided in paragraph (2) and
except with respect to a leasing of facilities under section
6(c)(2), the Commission may not acquire real property or an
interest in real property.
(2) Exception.--Subject to paragraph (3), the Commission
may acquire real property in the Area, and interests in real
property in the Area--
(A) by gift or devise;
(B) by purchase from a willing seller with money
that was given or bequeathed to the Commission; or
(C) by exchange.
(3) Conveyance to public agencies.--Any real property or
interest in real property acquired by the Commission under
paragraph (2) shall be conveyed by the Commission to an
appropriate public agency, as determined by the Commission. The
conveyance shall be made--
(A) as soon as practicable after acquisition;
(B) without consideration; and
(C) on the condition that the real property or
interest in real property so conveyed is used to
fulfill the purposes for which the Area is established.
(g) Cooperative Agreements.--
(1) In general.--For the purpose of carrying out the Plan,
the Commission may enter into cooperative agreements with--
(A) Federal agencies;
(B) State agencies;
(C) political subdivisions of the State; and
(D) persons.
(2) Notice.--A cooperative agreement shall, at a minimum,
establish procedures for providing notice to the Commission of
any action that may affect the implementation of the Plan and
that is proposed by a--
(A) Federal agency;
(B) State agency;
(C) political subdivision of the State; or
(D) person.
(h) Advisory Groups.--The Commission may establish such advisory
groups as it considers necessary to ensure open communication with, and
assistance from--
(1) Federal agencies;
(2) State agencies;
(3) political subdivisions of the State; and
(4) interested persons.
(i) Modification of Plans.--
(1) In general.--The Commission may modify the Plan if the
Commission determines that such modification is necessary to
carry out this Act.
(2) Notice.--No modification shall take effect until--
(A) any Federal agency, State agency, or political
subdivision of the State that would be affected by the
modification receives adequate notice of, and an
opportunity to comment on, the modification; and
(B) if the modification is significant, as
determined by the Commission, the Commission has--
(i) provided adequate notice of the
modification by publication in the area of the
Area; and
(ii) conducted a public hearing with
respect to the modification.
(j) Agency.--A member or agent of the Commission, if so authorized
by the Commission, may take any action that the Commission is
authorized to take under this Act.
SEC. 8. DUTIES OF THE COMMISSION.
(a) Plan.--The Commission shall prepare, obtain approval for,
implement, and support the Plan in accordance with section 9.
(b) Meetings.--
(1) Timing.--
(A) Initial meeting.--The Commission shall hold its
first meeting not later than 90 days after the date on
which its last initial member is appointed.
(B) Subsequent meetings.--After the initial
meeting, the Commission shall meet at the call of the
chairperson or 7 of its members, except that the
Commission shall meet at least quarterly.
(2) Public meetings.--Meetings of the Commission shall be
subject to section 552b of title 5, United States Code.
(3) Quorum.--Ten members of the Commission shall constitute
a quorum, but a lesser number of members may hold hearings.
(4) Budget.--The affirmative vote of not less than 10
members of the Commission shall be required to approve the
budget of the Commission.
(c) Annual Reports.--Not later than May 15 of each year (other than
the year in which this Act is enacted), the Commission shall publish
and submit, to the Secretary and to the Governor, an annual report
concerning the Commission's activities.
SEC. 9. PREPARATION, REVIEW, AND IMPLEMENTATION OF THE PLAN.
(a) Preparation of Plan.--
(1) In general.--Not later than 2 years after the
Commission conducts its first meeting, the Commission shall
submit, to the Secretary and to the Governor, a Water Heritage
Area Interpretation and Management Plan.
(2) Development.--In developing the Plan, the Commission
shall--
(A) consult on a regular basis with appropriate
officials of any--
(i) Federal or State agency;
(ii) political subdivision of the State; or
(iii) local government that has
jurisdiction over or an ownership interest in
land, water, or water rights within the Area;
and
(B) conduct public hearings within the Area for the
purpose of providing interested persons the opportunity
to testify about matters to be addressed by the Plan.
(3) Relationship to existing plans.--The Plan--
(A) shall recognize any existing Federal, State,
and local plans;
(B) shall not interfere with the implementation,
administration, or amendment of the plans; and
(C) to the extent feasible, shall seek to
coordinate the plans and present a unified
interpretation plan for the Area.
(b) Review of Plan.--
(1) In general.--The Commission shall submit the Plan to
the Governor and to the Secretary for their review.
(2) Governor.--The Governor may review the Plan and submit
the Plan to the Secretary, together with any recommendations.
(3) Secretary.--The Secretary shall approve or disapprove
the Plan within 90 days. In reviewing the Plan, the Secretary
shall consider the adequacy of--
(A) public participation;
(B) assurances of Plan implementation from State
and local officials;
(C) the Plan in retaining, enhancing, and
interpreting, for the educational and inspirational
benefit of present and future generations, the unique
and significant contributions to our national heritage
of cultural and historical lands, waterways, and
structures within the Area;
(D) the Plan in providing the unique opportunity to
observe future utilization of the Cache La Poudre River
by all the various water users throughout the Area as
user needs change and develop over time;
(E) the Plan in ensuring the effective
implementation of local aspects of the Plan;
(F) the financial resources that are in place to
implement the Plan; and
(G) Plan provisions for continuing oversight of the
Plan implementation by the Governor, Secretary, and
Commission.
(c) Disapproval of Plan.--
(1) Notification by secretary.--If the Secretary
disapproves the Plan, the Secretary shall, not later than 60
days after the date of disapproval, advise the Governor and the
Commission of the reasons for disapproval, together with
recommendations for revision.
(2) Revision and resubmission to governor.--Not later than
90 days after receipt of the notice of disapproval, the
Commission shall revise and resubmit the Plan to the Governor
for review.
(3) Resubmission to secretary.--The Commission shall submit
the revised plan, together with any recommendations the
Governor may have, to the Secretary who shall approve or
disapprove the revision within 60 days.
(d) Implementation of Plan.--After approval by the Secretary as
provided in subsections (b) and (c), the Commission shall implement and
support the Plan as follows:
(1) Cultural resources.--
(A) In general.--The Commission shall assist
Federal agencies, State agencies, political
subdivisions of the State, and nonprofit organizations
in the conservation and interpretation (in accordance
with the Plan) of cultural resources within the Area.
(B) Exception.--In providing the assistance, the
Commission shall in no way infringe upon the
authorities and policies of a Federal agency, State
agency, or political subdivision of the State
concerning the administration and management of
property, water, or water rights within the Area.
(2) Public awareness.--The Commission shall assist in the
enhancement of public awareness of, and appreciation for, the
historical, recreational, architectural, and engineering
structures in the Area, and the archaeological, geological, and
cultural resources and sites in the Area--
(A) by encouraging private owners of identified
structures, sites, and resources to adopt voluntary
measures for the preservation of the identified
structure, site, or resource; and
(B) by cooperating with Federal agencies, State
agencies, and political subdivisions of the State in
acquiring, on a willing seller basis, any identified
structure, site, or resource.
(3) Restoration.--The Commission may assist Federal
agencies, State agencies, political subdivisions of the State,
and nonprofit organizations in the restoration of any
identified structure or site in the Area. The assistance may
include providing technical staff assistance for historic
preservation, revitalization, and enhancement efforts.
(4) Interpretation.--The Commission shall assist in the
interpretation of the historical, present, and future
utilization of the River, and of the development of communities
adjacent to the Area--
(A) by consulting with the Secretary with respect
to the implementation of the Secretary's duties under
section 11;
(B) by establishing visitor orientation centers and
other interpretive exhibits within the urban river
corridor portions of the Area;
(C) by encouraging voluntary cooperation and
coordination, with respect to ongoing interpretive
services in the Area, among--
(i) Federal agencies;
(ii) State agencies;
(iii) political subdivisions of the State;
(iv) nonprofit organizations; and
(v) private citizens; and
(D) by encouraging Federal agencies, State
agencies, political subdivisions of the State, and
nonprofit organizations to undertake new interpretive
initiatives with respect to the Area.
(5) Recognition.--The Commission shall assist in
establishing recognition for the Area by actively promoting the
cultural, historical, natural, and recreational resources of
the Area on a community, regional, statewide, national, and
international basis.
(6) Land exchanges.--The Commission shall assist in
identifying and implementing land exchanges by Federal and
State agencies that will expand open space and recreational
opportunities within the flood plain of the Area.
SEC. 10. TERMINATION OF THE COMMISSION.
(a) Termination.--Except as provided in subsection (b), the
Commission shall terminate 5 years after the date of approval of the
Plan by the Secretary.
(b) Extension.--The Commission may be extended for a period of not
more than 5 years from the date of termination established in
subsection (a), if, not later than 180 days before that date--
(1) the Commission determines that an extension is
necessary in order to carry out this Act;
(2) the Commission submits a proposed extension to the--
(A) Committee on Interior and Insular Affairs of
the House of Representatives;
(B) Committee on Energy and Natural Resources of
the Senate; and
(C) Secretary of Agriculture; and
(3) the Secretary approves the extension.
SEC. 11. DUTIES OF THE SECRETARY.
(a) Review of Plan.--The Secretary shall review the Plan in
accordance with subsections (b) and (c) of section 9.
(b) Acquisition of Land.--
(1) In general.--The Secretary may acquire land and
interests in land within the Area by donation, purchase with
donated or appropriated funds, or exchange.
(2) Consent required.--No land or interest in land may be
acquired without the consent of the owner.
(c) Development of Theme and Interpretive Materials.--Following
approval of the Plan as provided under subsections (b) and (c) of
section 9, the Secretary shall--
(1) complete an inventory of sites and structures of
historical, architectural, or engineering significance in the
Area;
(2) complete an inventory of sites and resources of
archaeological or geological significance in the Area;
(3) develop a thematic structure for the interpretation of
the heritage of the Area; and
(4) design and fabricate interpretive materials based on
the thematic structure, including--
(A) guide brochures for exploring the Area by
automobile, bicycle, boat, foot or other means of
transportation considered appropriate;
(B) indoor and outdoor visitor displays, which may
include video presentations and models, at several
locations within the urban river corridor portions of
the Area;
(C) a mobile display describing the history,
development, present, and future use of the Area, to be
used in the Area, public buildings, libraries, and
schools; and
(D) on National Forest System lands in the upper
portions of the river basin, features ancillary to the
history of water development theme.
(d) Technical Assistance.--The Secretary shall, upon the request of
the Commission, provide technical assistance to the Commission in the
preparation and implementation of the Plan pursuant to section 9.
(e) Professionals on Loan.--Each fiscal year during the existence
of the Commission, the Secretary shall detail to the Commission, on a
nonreimbursable basis, 2 employees of the Department of the Interior to
enable the Commission to carry out the Commission's duties under
section 8.
SEC. 12. OTHER FEDERAL ENTITIES.
(a) Duties.--Subject to section 13, a Federal entity conducting or
supporting activities directly affecting the flow of the Cache La
Poudre River through the Area, or the natural resources of the Area
shall--
(1) consult with the Commission with respect to the
activities;
(2) cooperate with the Commission in--
(A) carrying out the entity's duties in accordance
with established management plans; and
(B) to the extent practicable, coordinating the
activities with the carrying out of the entity's
duties; and
(3) to the extent practicable, conduct or support the
activities in a manner consistent with the Plan and this Act.
(b) Authorization.--
(1) In general.--The Secretary or Administrator of a
Federal agency may acquire land in the flood plain of the Area
by exchange, based on fair market value. Land so acquired shall
be used to fulfill the purposes for which the Area is
established.
(2) Authorization to convey property.--The first sentence
of section 203(k)(3) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(k)(3)) is amended by
striking ``historic monument, for the benefit of the public''
and inserting ``historic monument or the Cache La Poudre River
National Water Heritage Area, for the benefit of the public''.
SEC. 13. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS, RESTRICTIONS, AND
SAVINGS PROVISIONS.
(a) Effect on Environmental and Other Standards.--
(1) Voluntary cooperation.--In carrying out this Act, the
Commission and Secretary shall, to the maximum extent feasible,
emphasize voluntary cooperation.
(2) Rules, regulations, standards, and permit processes.--
Nothing in this Act shall be considered to impose any
environmental, occupational, safety, or other rule, regulation,
standard, or permit process that is different from those that
would be applicable had the Area not been established.
(3) Environmental quality standards.--Nothing in this Act
shall be considered to impose the application or administration
of any Federal or State environmental quality standard that is
different from those that would be applicable had the Area not
been established.
(4) Water standards.--Nothing in this Act shall be
considered to impose any Federal or State water use designation
or water quality standard upon uses of, or discharges to,
waters of the State or waters of the United States, within or
adjacent to the Area, that is more restrictive than those that
would be applicable had the Area not been established.
(5) Permitting of facilities.--Nothing in the establishment
of the Area shall abridge, restrict, or alter any applicable
rule, regulation, standard, or review procedure for permitting
of facilities within or adjacent to the Area.
(6) Water facilities.--Nothing in the establishment of the
Area shall affect the continuing use and operation, repair,
rehabilitation, expansion, or new construction of water supply
facilities, water and wastewater treatment facilities,
stormwater facilities, public utilities, and common carriers.
(7) Water and water rights.--Nothing in the establishment
of the Area shall be considered to authorize or imply the
reservation or appropriation of water or water rights.
(b) Restrictions on Commission and Secretary.--Nothing in this Act
shall be construed to vest in the Commission or the Secretary the
authority to--
(1) require a Federal agency, State agency, political
subdivision of the State, or private person to participate in a
project or program carried out by the Commission or the
Secretary under this Act;
(2) intervene as a party in an administrative or judicial
proceeding concerning the application or enforcement of a
regulatory authority of a Federal agency, State agency, or
political subdivision of the State, including authority
relating to--
(A) land use regulation;
(B) environmental quality;
(C) licensing;
(D) permitting;
(E) easements;
(F) private land development; or
(G) other occupational or access issue;
(3) establish or modify a regulatory authority of a Federal
agency, State agency, or political subdivision of the State,
including authority relating to--
(A) land use regulation;
(B) environmental quality; or
(C) pipeline or utility crossings;
(4) modify a policy of a Federal agency, State agency, or
political subdivision of the State;
(5) establish or modify any authority of the State, State
agency, or political subdivision of the State with respect to
the acquisition of lands or water, or interest in lands or
water;
(6) vest authority to reserve or appropriate water or water
rights;
(7) deny, condition, or restrict the construction, repair,
rehabilitation, or expansion of water facilities, including
stormwater, water, and wastewater treatment facilities; or
(8) deny, condition, or restrict the exercise of water
rights by other persons.
(c) Savings Provision.--Nothing in this Act shall diminish,
enlarge, or modify a right of a Federal agency, State agency, or
political subdivision of the State--
(1) to exercise civil and criminal jurisdiction within the
Area; or
(2) to tax persons, corporations, franchises, or property,
including minerals and other interests in or on lands or waters
within the urban river corridor portions of the Area.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) Commission.--
(1) In general.--There are authorized to be appropriated
$1,000,000 to the Commission to carry out this Act.
(2) Matching funds.--Funds may be made available pursuant
to this section only to the extent they are matched by
equivalent funds or in-kind contributions of services or
materials from non-Federal sources.
(b) Department of the Interior.--There are authorized to be
appropriated annually to the Department of the Interior such sums as
are necessary to carry out the Secretary's duties under this Act.
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