[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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