[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 342 Reported in Senate (RS)]
Calendar No. 281
104th CONGRESS
1st Session
S. 342
[Report No. 104-188]
_______________________________________________________________________
A BILL
To establish the Cache La Poudre River National Water Heritage Area in
the State of Colorado, and for other purposes.
_______________________________________________________________________
December 15, 1995
Reported with an amendment
Calendar No. 281
104th CONGRESS
1st Session
S. 342
[Report No. 104-188]
To establish the Cache La Poudre River National Water Heritage Area in
the State of Colorado, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 2 (legislative day, January 30), 1995
Mr. Brown introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
December 15, 1995
Reported by Mr. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish the Cache La Poudre River National Water Heritage Area in
the State of Colorado, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Cache La Poudre River
National Water Heritage Area Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) the Cache La Poudre River Basin represents a
nationally significant historical, recreational, scenic,
cultural, natural, economic, and scientific resource;</DELETED>
<DELETED> (2) sites and structures within the Cache La
Poudre River Basin symbolize in physical form--</DELETED>
<DELETED> (A) the development and management of
water resources critical to the westward expansion of
the Nation; and</DELETED>
<DELETED> (B) the sociocultural evolution of a
working river from aboriginal tribes, through--
</DELETED>
<DELETED> (i) early exploration;</DELETED>
<DELETED> (ii) 19th century
settlement;</DELETED>
<DELETED> (iii) development of a water
dependent agricultural economy; and</DELETED>
<DELETED> (iv) an ongoing transition to
present day urban development;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are to--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> As used in this Act:</DELETED>
<DELETED> (1) Area.--The term ``Area'' means the Cache La
Poudre River National Water Heritage Area established by
section 4(a).</DELETED>
<DELETED> (2) Commission.--The term ``Commission'' means the
Cache La Poudre River National Water Heritage Area Commission
established by section 5(a).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Governor.--The term ``Governor'' means the
Governor of the State of Colorado.</DELETED>
<DELETED> (5) Plan.--The term ``Plan'' means the water
heritage area interpretation and management plan prepared by
the Commission pursuant to section 9(a).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (7) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (8) State.--The term ``State'' means the State of
Colorado.</DELETED>
<DELETED>SEC. 4. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL
WATER HERITAGE AREA.</DELETED>
<DELETED> (a) Establishment.--To carry out this Act, there is
established in the State of Colorado the Cache La Poudre River National
Water Heritage Area.</DELETED>
<DELETED> (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
</DELETED>__________ <DELETED>and dated
</DELETED>__________________________<DELETED>. 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.</DELETED>
<DELETED> (c) Public Access to Map.--The map shall be on file and
available for public inspection in--</DELETED>
<DELETED> (1) the offices of the Department of the Interior
in Washington, District of Columbia;</DELETED>
<DELETED> (2) the offices of the National Park Service in
Denver, Colorado; and</DELETED>
<DELETED> (3) local offices of--</DELETED>
<DELETED> (A) the city of Fort Collins;</DELETED>
<DELETED> (B) Larimer County;</DELETED>
<DELETED> (C) the city of Greeley; and</DELETED>
<DELETED> (D) Weld County.</DELETED>
<DELETED> (d) Administration.--The Area shall be administered in
accordance with this Act.</DELETED>
<DELETED>SEC. 5. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL
WATER HERITAGE AREA COMMISSION.</DELETED>
<DELETED> (a) Establishment.--</DELETED>
<DELETED> (1) In general.--There is established the Cache La
Poudre River National Water Heritage Area Commission.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) 3 members shall be recommended by the
Governor and appointed by the Secretary, of whom--
</DELETED>
<DELETED> (i) 1 member shall represent the
State;</DELETED>
<DELETED> (ii) 1 member shall represent
Colorado State University in Fort Collins;
and</DELETED>
<DELETED> (iii) 1 member shall represent the
Northern Colorado Water Conservancy
District;</DELETED>
<DELETED> (D) 6 members shall be representatives of
local governments who are recommended by the Governor
and appointed by the Secretary, of whom--</DELETED>
<DELETED> (i) 1 member shall represent the
city of Fort Collins;</DELETED>
<DELETED> (ii) 2 members shall represent
Larimer County;</DELETED>
<DELETED> (iii) 1 member shall represent the
city of Greeley;</DELETED>
<DELETED> (iv) 2 members shall represent
Weld County; and</DELETED>
<DELETED> (v) 1 member shall represent the
city of Loveland; and</DELETED>
<DELETED> (E) 3 members shall be recommended by the
Governor and appointed by the Secretary, and shall--
</DELETED>
<DELETED> (i) represent the general
public;</DELETED>
<DELETED> (ii) be citizens of the State;
and</DELETED>
<DELETED> (iii) reside in the area through
which the Area extends.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Vacancies.--A vacancy on the Commission shall
be filled in the same manner in which the original appointment
was made.</DELETED>
<DELETED> (c) Terms of Service.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Initial members.--The initial members of the
Commission first appointed under subsection (b)(1) shall be
appointed as follows:</DELETED>
<DELETED> (A) 3-year terms.--The following initial
members shall serve for a 3-year term:</DELETED>
<DELETED> (i) The Director of the National
Park Service (or the delegate of the
Director).</DELETED>
<DELETED> (ii) 1 representative of Weld
County.</DELETED>
<DELETED> (iii) 1 representative of Larimer
County.</DELETED>
<DELETED> (iv) 1 representative of the city
of Loveland.</DELETED>
<DELETED> (v) 1 representative of the
general public.</DELETED>
<DELETED> (B) 2-year terms.--The following initial
members shall serve for a 2-year term:</DELETED>
<DELETED> (i) The representative of the
Forest Service.</DELETED>
<DELETED> (ii) The representative of the
State.</DELETED>
<DELETED> (iii) The representative of
Colorado State University.</DELETED>
<DELETED> (iv) The representative of the
Northern Colorado Water Conservancy
District.</DELETED>
<DELETED> (C) 1-year terms.--The following initial
members shall serve for a 1-year term:</DELETED>
<DELETED> (i) 1 representative of the city
of Fort Collins.</DELETED>
<DELETED> (ii) 1 representative of Larimer
County.</DELETED>
<DELETED> (iii) 1 representative of the city
of Greeley.</DELETED>
<DELETED> (iv) 1 representative of Weld
County.</DELETED>
<DELETED> (v) 1 representative of the
general public.</DELETED>
<DELETED> (3) Partial terms.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Extended service.--A member of the
Commission may serve after the expiration of that
member's term until a successor has taken
office.</DELETED>
<DELETED> (d) Compensation.--Members of the Commission shall receive
no compensation for their service on the Commission.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. DIRECTOR AND STAFF OF THE COMMISSION.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Director.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Staff.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Appointment and compensation.--Staff
appointed by the Commission--</DELETED>
<DELETED> (i) shall be appointed without
regard to the civil service laws and
regulations; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Staff of Other Agencies.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) State.--The Commission may--</DELETED>
<DELETED> (A) accept the services of personnel
detailed from the State, State agencies, and political
subdivisions of the State; and</DELETED>
<DELETED> (B) reimburse the State, State agency, or
political subdivision of the State for the
services.</DELETED>
<DELETED>SEC. 7. POWERS OF THE COMMISSION.</DELETED>
<DELETED> (a) Hearings.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Subpoenas.--The Commission may not issue
subpoenas or exercise subpoena authority.</DELETED>
<DELETED> (b) Assistance With Theme.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Coordinate.--The Commission may coordinate the
integration of the history of water development theme with
other plans of the Department of the Interior.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Gifts.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Real Property.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Exception.--Subject to paragraph (3), the
Commission may acquire real property in the Area, and interests
in real property in the Area--</DELETED>
<DELETED> (A) by gift or devise;</DELETED>
<DELETED> (B) by purchase from a willing seller with
money that was given or bequeathed to the Commission;
or</DELETED>
<DELETED> (C) by exchange.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) as soon as practicable after
acquisition;</DELETED>
<DELETED> (B) without consideration; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Cooperative Agreements.--</DELETED>
<DELETED> (1) In general.--For the purpose of carrying out
the Plan, the Commission may enter into cooperative agreements
with--</DELETED>
<DELETED> (A) Federal agencies;</DELETED>
<DELETED> (B) State agencies;</DELETED>
<DELETED> (C) political subdivisions of the State;
and</DELETED>
<DELETED> (D) persons.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) Federal agency;</DELETED>
<DELETED> (B) State agency;</DELETED>
<DELETED> (C) political subdivision of the State;
or</DELETED>
<DELETED> (D) person.</DELETED>
<DELETED> (h) Advisory Groups.--The Commission may establish such
advisory groups as it considers necessary to ensure open communication
with, and assistance from--</DELETED>
<DELETED> (1) Federal agencies;</DELETED>
<DELETED> (2) State agencies;</DELETED>
<DELETED> (3) political subdivisions of the State;
and</DELETED>
<DELETED> (4) interested persons.</DELETED>
<DELETED> (i) Modification of Plans.--</DELETED>
<DELETED> (1) In general.--The Commission may modify the
Plan if the Commission determines that such modification is
necessary to carry out this Act.</DELETED>
<DELETED> (2) Notice.--No modification shall take effect
until--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) if the modification is significant, as
determined by the Commission, the Commission has--
</DELETED>
<DELETED> (i) provided adequate notice of
the modification by publication in the area of
the Area; and</DELETED>
<DELETED> (ii) conducted a public hearing
with respect to the modification.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. DUTIES OF THE COMMISSION.</DELETED>
<DELETED> (a) Plan.--The Commission shall prepare, obtain approval
for, implement, and support the Plan in accordance with section
9.</DELETED>
<DELETED> (b) Meetings.--</DELETED>
<DELETED> (1) Timing.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Public meetings.--Meetings of the Commission
shall be subject to section 552b of title 5, United States
Code.</DELETED>
<DELETED> (3) Quorum.--Ten members of the Commission shall
constitute a quorum, but a lesser number of members may hold
hearings.</DELETED>
<DELETED> (4) Budget.--The affirmative vote of not less than
10 members of the Commission shall be required to approve the
budget of the Commission.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 9. PREPARATION, REVIEW, AND IMPLEMENTATION OF THE
PLAN.</DELETED>
<DELETED> (a) Preparation of Plan.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Development.--In developing the Plan, the
Commission shall--</DELETED>
<DELETED> (A) consult on a regular basis with
appropriate officials of any--</DELETED>
<DELETED> (i) Federal or State
agency;</DELETED>
<DELETED> (ii) political subdivision of the
State; or</DELETED>
<DELETED> (iii) local government that has
jurisdiction over or an ownership interest in
land, water, or water rights within the Area;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Relationship to existing plans.--The Plan--
</DELETED>
<DELETED> (A) shall recognize any existing Federal,
State, and local plans;</DELETED>
<DELETED> (B) shall not interfere with the
implementation, administration, or amendment of the
plans; and</DELETED>
<DELETED> (C) to the extent feasible, shall seek to
coordinate the plans and present a unified
interpretation plan for the Area.</DELETED>
<DELETED> (b) Review of Plan.--</DELETED>
<DELETED> (1) In general.--The Commission shall submit the
Plan to the Governor and to the Secretary for their
review.</DELETED>
<DELETED> (2) Governor.--The Governor may review the Plan
and submit the Plan to the Secretary, together with any
recommendations.</DELETED>
<DELETED> (3) Secretary.--The Secretary shall approve or
disapprove the Plan within 90 days. In reviewing the Plan, the
Secretary shall consider the adequacy of--</DELETED>
<DELETED> (A) public participation;</DELETED>
<DELETED> (B) assurances of Plan implementation from
State and local officials;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (E) the Plan in ensuring the effective
implementation of local aspects of the Plan;</DELETED>
<DELETED> (F) the financial resources that are in
place to implement the Plan; and</DELETED>
<DELETED> (G) Plan provisions for continuing
oversight of the Plan implementation by the Governor,
Secretary, and Commission.</DELETED>
<DELETED> (c) Disapproval of Plan.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) Cultural resources.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) by consulting with the Secretary with
respect to the implementation of the Secretary's duties
under section 11;</DELETED>
<DELETED> (B) by establishing visitor orientation
centers and other interpretive exhibits within the
urban river corridor portions of the Area;</DELETED>
<DELETED> (C) by encouraging voluntary cooperation
and coordination, with respect to ongoing interpretive
services in the Area, among--</DELETED>
<DELETED> (i) Federal agencies;</DELETED>
<DELETED> (ii) State agencies;</DELETED>
<DELETED> (iii) political subdivisions of
the State;</DELETED>
<DELETED> (iv) nonprofit organizations;
and</DELETED>
<DELETED> (v) private citizens;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 10. TERMINATION OF THE COMMISSION.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the Commission determines that an extension is
necessary in order to carry out this Act;</DELETED>
<DELETED> (2) the Commission submits a proposed extension to
the--</DELETED>
<DELETED> (A) Committee on Interior and Insular
Affairs of the House of Representatives;</DELETED>
<DELETED> (B) Committee on Energy and Natural
Resources of the Senate; and</DELETED>
<DELETED> (C) Secretary of Agriculture;
and</DELETED>
<DELETED> (3) the Secretary approves the
extension.</DELETED>
<DELETED>SEC. 11. DUTIES OF THE SECRETARY.</DELETED>
<DELETED> (a) Review of Plan.--The Secretary shall review the Plan
in accordance with subsections (b) and (c) of section 9.</DELETED>
<DELETED> (b) Acquisition of Land.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Consent required.--No land or interest in land
may be acquired without the consent of the owner.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) complete an inventory of sites and structures
of historical, architectural, or engineering significance in
the Area;</DELETED>
<DELETED> (2) complete an inventory of sites and resources
of archaeological or geological significance in the
Area;</DELETED>
<DELETED> (3) develop a thematic structure for the
interpretation of the heritage of the Area; and</DELETED>
<DELETED> (4) design and fabricate interpretive materials
based on the thematic structure, including--</DELETED>
<DELETED> (A) guide brochures for exploring the Area
by automobile, bicycle, boat, foot or other means of
transportation considered appropriate;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) on National Forest System lands in the
upper portions of the river basin, features ancillary
to the history of water development theme.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 12. OTHER FEDERAL ENTITIES.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) consult with the Commission with respect to
the activities;</DELETED>
<DELETED> (2) cooperate with the Commission in--</DELETED>
<DELETED> (A) carrying out the entity's duties in
accordance with established management plans;
and</DELETED>
<DELETED> (B) to the extent practicable,
coordinating the activities with the carrying out of
the entity's duties; and</DELETED>
<DELETED> (3) to the extent practicable, conduct or support
the activities in a manner consistent with the Plan and this
Act.</DELETED>
<DELETED> (b) Authorization.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 13. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS,
RESTRICTIONS, AND SAVINGS PROVISIONS.</DELETED>
<DELETED> (a) Effect on Environmental and Other Standards.--
</DELETED>
<DELETED> (1) Voluntary cooperation.--In carrying out this
Act, the Commission and Secretary shall, to the maximum extent
feasible, emphasize voluntary cooperation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Restrictions on Commission and Secretary.--Nothing in
this Act shall be construed to vest in the Commission or the Secretary
the authority to--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) land use regulation;</DELETED>
<DELETED> (B) environmental quality;</DELETED>
<DELETED> (C) licensing;</DELETED>
<DELETED> (D) permitting;</DELETED>
<DELETED> (E) easements;</DELETED>
<DELETED> (F) private land development; or</DELETED>
<DELETED> (G) other occupational or access
issue;</DELETED>
<DELETED> (3) establish or modify a regulatory authority of
a Federal agency, State agency, or political subdivision of the
State, including authority relating to--</DELETED>
<DELETED> (A) land use regulation;</DELETED>
<DELETED> (B) environmental quality; or</DELETED>
<DELETED> (C) pipeline or utility
crossings;</DELETED>
<DELETED> (4) modify a policy of a Federal agency, State
agency, or political subdivision of the State;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (6) vest authority to reserve or appropriate water
or water rights;</DELETED>
<DELETED> (7) deny, condition, or restrict the construction,
repair, rehabilitation, or expansion of water facilities,
including stormwater, water, and wastewater treatment
facilities; or</DELETED>
<DELETED> (8) deny, condition, or restrict the exercise of
water rights by other persons.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) to exercise civil and criminal jurisdiction
within the Area; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 14. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) Commission.--</DELETED>
<DELETED> (1) In general.--There are authorized to be
appropriated $1,000,000 to the Commission to carry out this
Act.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cache La Poudre River National Water
Heritage Area Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to designate the Cache La Poudre Water
National Heritage Area within the Cache La Poudre River Basin and to
provide for the interpretation, for the educational and inspirational
benefit of present and future generations, of the unique and
significant contributions to our national heritage of cultural and
historical lands, waterways, and structures within the Area.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Area.--The term ``Area'' means the Cache La Poudre
River National Water Heritage Area established by section 4(a).
(2) Commission.--The term ``Commission'' means the Cache La
Poudre River National Water Heritage Area Commission
established by section 5(a).
(3) Governor.--The term ``Governor'' means the Governor of
the State of Colorado.
(4) Plan.--The term ``Plan'' means the water heritage area
interpretation plan prepared by the Commission pursuant to
section 9(a).
(5) Political subdivision of the state.--The term
``political subdivision of the State'' means a political
subdivision of the State of Colorado, any part of which is
located in or adjacent to the Area, including a county, city,
town, water conservancy district, or special district.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL WATER
HERITAGE AREA.
(a) Establishment.--There is established in the State of Colorado
the Cache La Poudre River National Water Heritage Area.
(b) Boundaries.--The boundaries of this Area shall include those
lands within the 100-year flood plain of the Cache La Poudre River
Basin, beginning at a point where the Cache La Poudre River flows out
of the Roosevelt National Forest and continuing east along said
floodplain to a point one quarter of one mile west of the confluence of
the Cache La Poudre River and the South Platte Rivers in Weld County,
Colorado, comprising less than 35,000 acres, and generally depicted as
the 100-year flood boundary on the Federal Flood Insurance maps listed
below:
(1) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080101 0146B, April 2, 1979. United States
Department of Housing and Urban Development, Federal Insurance
Administration.
(2) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080101 0147B, April 2, 1979. United States
Department of Housing and Urban Development, Federal Insurance
Administration.
(3) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080101 0162B, April 2, 1979. United States
Department of Housing and Urban Development, Federal Insurance
Administration.
(4) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080101 0163C, March 18, 1986. Federal
Emergency Management Agency, Federal Insurance Administration.
(5) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080101 0178C, March 18, 1986. Federal
Emergency Management Agency, Federal Insurance Administration.
(6) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080102 0002B, February 15, 1984. Federal
Emergency Management Agency, Federal Insurance Administration.
(7) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080101 0179C, March 18, 1986. Federal
Emergency Management Agency, Federal Insurance Administration.
(8) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080101 0193D, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance Administration.
(9) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080101 0194D, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance Administration.
(10) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080101 0208C, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance Administration.
(11) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080101 0221C, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance Administration.
(12) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080266 0605D, September 27, 1991. Federal
Emergency Management Agency, Federal Insurance Administration.
(13) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080264 0005A, September 27, 1991. Federal
Emergency Management Agency, Federal Insurance Administration.
(14) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080266 0608D, September 27, 1991. Federal
Emergency Management Agency, Federal Insurance Administration.
(15) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080266 0609C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance Administration.
(16) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080266 0628C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance Administration.
(17) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080184 0002B, July 16, 1979. United States
Department of Housing and Urban Development, Federal Insurance
Administration.
(18) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080266 0636C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance Administration.
(19) Flood insurance rate map, larimer county, co.--
Community-Panel No. 080266 0637C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance Administration.
As soon as practicable after the date of enactment of this Act, the
Secretary shall publish in the Federal Register a detailed description
and map of the boundaries of the Area.
(c) Public Access to Maps.--The maps shall be on file and available
for public inspection in--
(1) the offices of the Department of the Interior in
Washington, District of Columbia, and Denver, Colorado; and
(2) local offices of the city of Fort Collins, Larimer
County, the city of Greeley, and Weld County.
SEC. 5. ESTABLISHMENT OF THE CACHE LA POUDRE RIVER NATIONAL WATER
HERITAGE AREA COMMISSION.
(a) Establishment.--
(1) In general.--There is established the Cache La Poudre
River National Water Heritage Commission.
(2) Function.--The Commission, in consultation with
appropriate Federal, State, and local authorities, shall
develop and implement an integrated plan to interpret elements
of the history of water development within the Area.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 15
members appointed not later than 6 months after the date of
enactment of this Act. Of these 15 members--
(A) 1 member shall be a representative of the
Secretary of the Interior which member shall be an ex
officio member;
(B) 1 member shall be a representative of the
Forest Service, appointed by the Secretary of
Agriculture, which member shall be an ex officio
member;
(C) 3 members shall be recommended by the Governor
and appointed by the Secretary, of whom--
(i) 1 member shall represent the State;
(ii) 1 member shall represent Colorado
State University in Fort Collins; and
(iii) 1 member shall represent the Northern
Colorado Water Conservancy District;
(D) 6 members shall be representatives of local
governments who are recommended by the Governor and
appointed by the Secretary, of whom--
(i) 1 member shall represent the city of
Fort Collins;
(ii) 2 members shall represent Larimer
County, 1 of which shall represent agriculture
or irrigated water interests;
(iii) 1 member shall represent the city of
Greeley;
(iv) 2 members shall represent Weld County,
1 of which shall represent agricultural or
irrigated water interests; and
(v) 1 member shall represent the city of
Loveland; and
(E) 3 members shall be recommended by the Governor
and appointed by the Secretary, and shall--
(i) represent the general public;
(ii) be citizens of the State; and
(iii) reside within the Area.
(2) Chairperson.--The chairperson of the Commission shall
be elected by the members of the Commission from among members
appointed under subparagraph (C), (D), or (E) of paragraph (1).
The chairperson shall be elected for a 2-year term.
(3) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was made.
(c) Terms of Service.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each member of the Commission shall be appointed for a
term of 3 years and may be reappointed.
(2) Initial members.--The initial members of the Commission
first appointed under subsection (b)(1) shall be appointed as
follows:
(A) 3-year terms.--The following initial members
shall serve for a 3-year term:
(i) The representative of the Secretary of
the Interior.
(ii) 1 representative of Weld County.
(iii) 1 representative of Larimer County.
(iv) 1 representative of the city of
Loveland.
(v) 1 representative of the general public.
(B) 2-year terms.--The following initial members
shall serve for a 2-year term:
(i) The representative of the Forest
Service.
(ii) The representative of the State.
(iii) The representative of Colorado State
University.
(iv) The representative of the Northern
Colorado Water Conservancy District.
(C) 1-year terms.--The following initial members shall
serve for a 1-year term:
(i) 1 representative of the city of Fort
Collins.
(ii) 1 representative of Larimer County.
(iii) 1 representative of the city of
Greeley.
(iv) 1 representative of Weld County.
(v) 1 representative of the general public.
(3) Partial terms.--
(A) Filling vacancies.--A member of the Commission
appointed to fill a vacancy occurring before the
expiration of the term for which a predecessor was
appointed shall be appointed only for the remainder of
their term.
(B) Extended service.--A member of the Commission
may serve after the expiration of that member's term
until a successor has taken office.
(d) Compensation.--Members of the Commission shall receive no
compensation for their service on the Commission.
(e) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5, United States Code.
SEC. 6. STAFF OF THE COMMISSION.
(a) Staff.--The Commission shall have the power to appoint and fix
the compensation of such staff as may be necessary to carry out the
duties of the Commission.
(1) Appointment and compensation.--Staff appointed by the
Commission--
(A) shall be appointed without regard to the city
service laws and regulations; and
(B) shall be compensated without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates.
(b) Experts and Consultants.--Subject to such rules as may be
adopted by the Commission, the Commission may procure temporary and
intermittent services to the same extent as is authorized by section
3109(b) of title 5, United States Code, at rates for individuals that
do not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section 5316 of
such title.
(c) Staff of Other Agencies.--
(1) Federal.--Upon request of the Commission, the head of a
Federal agency may detail, on a reimbursement basis, any of the
personnel of the agency to the Commission to assist the
Commission in carrying out the Commission's duties. The detail
shall be without interruption or loss of civil service status
or privilege.
(2) Administrative support services.--The Administrator of
the General Services Administration shall provide to the
Commission, on a reimbursable basis, such administrative
support services as the Commission may request.
(3) State.--The Commission may--
(A) accept the service of personnel detailed from
the State, State agencies, and political subdivisions
of the State; and
(B) reimburse the State, State agency, or political
subdivision of the State for such services.
SEC. 7. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers necessary to
carry out this Act.
(2) Subpoenas.--The Commission may not issue subpoenas or
exercise any subpoena authority.
(b) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the Federal Government.
(c) Matching Funds.--The Commission may use its funds to obtain
money from any source under a program or law requiring the recipient of
the money to make a contribution in order to receive the money.
(d) Gifts.--
(1) In general.--Except as provided in subsection (e)(3),
the Commission may, for the purpose of carrying out its duties,
seek, accept, and dispose of gifts, bequests, or donations of
money, personal property, or services, received from any
source.
(2) Charitable contributions.--For the purpose of section
170(c) of the Internal Revenue Code of 1986, a gift to the
Commission shall be deemed to be a gift to the United States.
(e) Real Property.--
(1) In general.--Except as provided in paragraph (2) and
except with respect to a leasing of facilities under section
6(c)(2), the Commission may not acquire real property or an
interest in real property.
(2) Exception.--Subject to paragraph (3), the Commission
may acquire real property in the Area, and interests in real
property in the Area--
(A) by gift or devise;
(B) by purchase from a willing seller with money
that was given or bequeathed to the Commission; or
(C) by exchange.
(3) Conveyance to public agencies.--Any real property or
interest in real property acquired by the Commission under
paragraph (2) shall be conveyed by the Commission to an
appropriate non-Federal public agency, as determined by the
Commission. The conveyance shall be made--
(A) as soon as practicable after acquisition;
(B) without consideration; and
(C) on the condition that the real property or
interest in real property so conveyed is used in
furtherance of the purpose for which the Area is
established.
(f) Cooperative Agreements.--For the purpose of carrying out the
Plan, the Commission may enter into cooperative agreements with Federal
agencies, State agencies, political subdivisions of the State, and
persons. Any such cooperative agreement shall, at a minimum, establish
procedures for providing notice to the Commission of any action that
may affect the implementation of the Plan.
(g) Advisory Groups.--The Commission may establish such advisory
groups as it considers necessary to ensure open communication with, and
assistance from Federal agencies, State agencies, political
subdivisions of the State, and interested persons.
(h) Modification of Plans.--
(1) In general.--The Commission may modify the Plan if the
Commission determines that such modification is necessary to
carry out this Act.
(2) Notice.--No modification shall take effect until--
(A) any Federal agency, State agency, or political
subdivision of the State that may be affected by the
modification receives adequate notice of, and an
opportunity to comment on, the modification;
(B) if the modification is significant, as
determined by the Commission, the Commission has--
(i) provided adequate notice of the
modification by publication in the area of the
Area; and
(ii) conducted a public hearing with
respect to the modification; and
(C) the Governor has approved the modification.
SEC. 8. DUTIES OF THE COMMISSION.
(a) Plan.--The Commission shall prepare, obtain approval for,
implement, and support the Plan in accordance with section 9.
(b) Meetings.--
(1) Timing.--
(A) Initial meeting.--The Commission shall hold its
first meeting not later than 90 days after the date on
which its last initial member is appointed.
(B) Subsequent meetings.--After the initial
meeting, the Commission shall meet at the call of the
chairperson or 7 of its members, except that the
Commission shall meet at least quarterly.
(2) Quorum.--Ten members of the Commission shall constitute
a quorum, but a lesser number of members may hold hearings.
(3) Budget.--The affirmative vote of not less than 10
members of the Commission shall be required to approve the
budget of the Commission.
(c) Annual Reports.--Not later than May 15 of each year, following
the year in which the members of the Commission have been appointed,
the Commission shall publish and submit, to the Secretary and to the
Governor, an annual report concerning the Commission's activities.
SEC. 9. PREPARATION, REVIEW, AND IMPLEMENTATION OF THE PLAN.
(a) Preparation of Plan.--
(1) In general.--Not later than 2 years after the
Commission conducts its first meeting, the Commission shall
submit to the Governor a Water Heritage Area Interpretation
Plan.
(2) Development.--In developing the Plan, the Commission
shall--
(A) consult on a regular basis with appropriate
officials of any Federal or State agency, political
subdivision of the State, and local government that has
jurisdiction over or an ownership interest in land,
water, or water rights within the Area; and
(B) conduct public hearings within the Area for the
purpose of providing interested persons the opportunity
to testify about matters to be addressed by the Plan.
(3) Relationship to existing plans.--The Plan--
(A) shall recognize any existing Federal, State,
and local plans;
(B) shall not interfere with the implementation,
administration, or amendment of such plans; and
(C) to the extent feasible, shall seek to
coordinate the plans and present a unified
interpretation plan for the Area.
(b) Review of Plan.--
(1) In general.--The Commission shall submit the Plan to
the Governor for his review.
(2) Governor.--The Governor may review the Plan and if he
concurs in the Plan, may submit the Plan to the Secretary,
together with any recommendations.
(3) Secretary.--The Secretary shall approve or disapprove
the Plan within 90 days. In reviewing the Plan, the Secretary
shall consider the adequacy of--
(A) public participation; and
(B) the Plan in interpreting, for the educational
and inspirational benefit of present and future
generations, the unique and significant contributions
to our national heritage of cultural and historical
lands, waterways, and structures within the Area.
(c) Disapproval of Plan.--
(1) Notification by secretary.--If the Secretary
disapproves the Plan, the Secretary shall, not later than 60
days after the date of disapproval, advise the Governor and the
Commission of the reasons for disapproval, together with
recommendations for revision.
(2) Revision and resubmission to governor.--Not later than
90 days after receipt of the notice of disapproval, the
Commission shall revise and resubmit the Plan to the Governor
for review.
(3) Resubmission to secretary.--If the Governor concurs in
the revised Plan, he may submit the revised plan to the
Secretary who shall approve or disapprove the revision within
60 days. If the Governor does not concur in the revised plan,
he may resubmit it to the Commission together with his
recommendations for further consideration and modification.
(d) Impementation of Plan.--After approval by the Secretary, the
Commission shall implement and support the Plan as follows:
(1) Cultural resources.--
(A) In general.--The Commission shall assist
Federal agencies, State agencies, political
subdivisions of the State, and nonprofit organizations
in the conservation and interpretation of cultural
resources within the Area.
(B) Exception.--In providing the assistance, the
Commission shall in no way infringe upon the
authorities and policies of a Federal agency, State
agency, or political subdivision of the State
concerning the administration and management of
property, water, or water rights held by such agency,
political subdivision, or private persons or entities,
or affect the jurisdiction of the State of Colorado
over any property, water, or water rights within the
Area.
(2) Public awareness.--The Commission shall assist in the
enhancement of public awareness of, and appreciation for, the
historical, recreational, architectural, and engineering
structures in the Area, and the archaeological, geological, and
cultural resources and sites in the Area--
(A) by encouraging private owners of identified
structures, sites, and resources to adopt voluntary
measures for the preservation of the identified
structure, site, or resource; and
(B) by cooperating with Federal agencies, State
agencies, and political subdivisions of the State in
acquiring, on a willing seller basis, any identified
structure, site, or resource which the Commission, with
the concurrence of the Governor, determines should be
acquired and held by an agency of the State.
(3) Restoration.--The Commission may assist Federal
agencies, State agencies, political subdivisions of the State,
and nonprofit organizations in the restoration of any
identified structure or site in the Area with consent of the
owner. The assistance may include providing technical
assistance for historic preservation, revitalization, and
enhancement efforts.
(4) Interpretation.--The Commission shall assist in the
interpretation of the historical, present, and future uses of
the Area--
(A) by consulting with the Secretary with respect
to the implementation of the Secretary's duties under
section 11;
(B) by assisting the State and political
subdivisions of the State in establishing and
maintaining visitor orientation centers and other
interpretive exhibits within the Area;
(C) by encouraging voluntary cooperation and
coordination, with respect to ongoing interpretive
services in the Area, among Federal agencies, State
agencies, political subdivisions of the State,
nonprofit organizations, and private citizens, and
(D) by encouraging Federal agencies, State
agencies, political subdivisions of the State, and
nonprofit organizations to undertake new interpretive
initiatives with respect to the Area.
(5) Recognition.--The Commission shall assist in
establishing recognition for the Area by actively promoting the
cultural, historical, natural, and recreational resources of
the Area on a community, regional, statewide, national, and
international basis.
(6) Land exchanges.--The Commission shall assist in
identifying and implementing land exchanges within the State of
Colorado by Federal and State agencies that will expand open
space and recreational opportunities within the flood plain of
the Area.
SEC. 10. TERMINATION OF THE COMMISSION.
(a) Termination.--Except as provided in subsection (b), the
Commission shall terminate 5 years after the date of approval of the
Plan by the Secretary.
(b) Extension.--The Commission may be extended for a period of not
more than 5 years from the date of termination established in
subsection (a), if, not later than 180 days before that date--
(1) the Commission determines that an extension is
necessary in order to carry out this Act;
(2) the Commission submits a proposed extension to the--
(A) Governor;
(B) Committee on Resources of the House of
Representatives;
(C) Committee on Energy and Natural Resources of
the Senate; and
(D) Secretary of Agriculture;
(3) the Governor notifies the Secretary that he concurs in
the extension, and
(4) the Secretary approves the extension.
SEC. 11. DUTIES OF THE SECRETARY.
(a) Acquisition of Land.--The Secretary may acquire land and
interests in land within the Area that have been specifically
identified by the Commission for acquisition by the Federal government
and that have been approved for such acquisition by the Governor and
the political subdivision of the State where the land is located by
donation, purchase with donated or appropriated funds, or exchange.
Acquisition authority may only be used if such lands cannot be acquired
by donation or exchange. No land or interest in land may be acquired
without the consent of the owner.
(b) Technical Assistance.--The Secretary shall, upon the request of
the Commission, provide technical assistance to the Commission in the
preparation and implementation of the Plan pursuant to section 9.
(c) Detail.--Each fiscal year during the existence of the
Commission, the Secretary shall detail to the Commission, on a
nonreimbursable basis, 2 employees of the Department of the Interior to
enable the Commission to carry out the Commission's duties under
section 8.
SEC. 12. OTHER FEDERAL ENTITIES.
(a) Duties.--Subject to section 13, a Federal entity conducting or
supporting activities directly affecting the flow of the Cache La
Poudre River through the Area, or the natural resources of the Area
shall consult with the Commission with respect to such activities;
(b) Authorization.--
(1) In general.--The Secretary or Administrator of a
Federal agency may acquire land in the flood plain of the Area
by exchange for other lands within such agency's jurisdiction
within the State of Colorado, based on fair market value:
Provided, That such lands have been identified by the
Commission for acquisition by a Federal agency and the Governor
and the political subdivision of the State or the owner where
the lands are located concur in the exchange. Land so acquired
shall be used to fulfill the purpose for which the Area is
established.
(2) Authorization to convey property.--The first sentence
of section 203(k)(3) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(k)(3)) is amended by
striking ``historic monument, for the benefit of the public''
and inserting ``historic monument or any such property within
the State of Colorado for the Cache La Poudre River National
Water Heritage Area, for the benefit of the public''.
SEC. 13. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS, RESTRICTIONS, AND
SAVINGS PROVISIONS.
(a) Effect on Environmental and Other Standards.--
(1) Voluntary cooperation.--In carrying out this Act, the
Commission and Secretary shall emphasize voluntary cooperation.
(2) Rules, regulations, standards, and permit processes.--
Nothing in this Act shall be considered to impose or form the
basis for imposition of any environmental, occupational,
safety, or other rule, regulation, standard, or permit process
that is different from those that would be applicable had the
Area not been established.
(3) Environmental quality standards.--Nothing in this Act
shall be considered to impose the application or administration
of any Federal or State environmental quality standard that is
different from those that will be applicable had the Area not
been established.
(4) Water standards.--Nothing in this Act shall be
considered to impose any Federal or State water use designation
or water quality standard upon uses of, or discharges to,
waters of the State or waters of the United States, within or
adjacent to the Area, that is more restrictive than those that
would be applicable had the Area not been established.
(5) Permitting of facilities.--Nothing in the establishment
of the Area shall abridge, restrict, or alter any applicable
rule, regulation, standard, or review procedure for permitting
of facilities within or adjacent to the Area.
(6) Water facilities.--Nothing in the establishment of the
Area shall affect the continuing use and operation, repair,
rehabilitation, expansion, or new construction of water supply
facilities, water and wastewater treatment facilities,
stormwater facilities, public utilities, and common carriers.
(7) Water and water rights.--Nothing in the establishment
of the Area shall be considered to authorize or imply the
reservation or appropriation of water or water rights for any
purpose.
(b) Restrictions on Commission and Secretary.--Nothing in this Act
shall be construed to vest in the Commission or the Secretary the
authority to--
(1) require a Federal agency, State agency, political
subdivision of the State, or private person to participate in a
project or program carried out by the Commission or the
Secretary under the Act;
(2) intervene as a party in an administrative or judicial
proceeding concerning the application or enforcement of a
regulatory authority of a Federal agency, State agency, or
political subdivision of the State, including, but not limited
to, authority relating to--
(A) land use regulation;
(B) environmental quality;
(C) licensing;
(D) permitting;
(E) easements;
(F) private land development; or
(G) other occupational or access issue;
(3) establish or modify a regulatory authority of a Federal
agency, State agency, or political subdivision of the State,
including authority relating to--
(A) land use regulation;
(B) environmental quality; or
(C) pipeline or utility crossings;
(4) modify a policy of a Federal agency, State agency, or
political subdivision of the State;
(5) attest in any manner the authority and jurisdiction of
the State with respect to the acquisition of lands or water, or
interest in lands or water;
(6) vest authority to reserve or appropriate water or water
rights in any entity for any purpose;
(7) deny, condition, or restrict the construction, repair,
rehabilitation, or expansion of water facilities, including
stormwater, water, and wastewater treatment facilities; or
(8) deny, condition, or restrict the exercise of water
rights in accordance with the substantive and procedural
requirements of the laws of the State.
(c) Savings Provision.--Nothing in this Act shall diminish,
enlarge, or modify a right of a Federal agency, State agency, or
political subdivision of the State--
(1) to exercise civil and criminal jurisdiction within the
Area; or
(2) to tax persons, corporations, franchises, or property,
including minerals and other interests in or on lands or waters
within the urban river corridor portions of the Area.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) Commission.--
(1) In general.--There are authorized to be appropriated
not to exceed $250,000 to the Commission to carry out this Act.
(2) Matching funds.--Funds may be made available pursuant
to this section only to the extent they are matched by
equivalent funds or in-kind contributions of services or
materials from non-Federal sources.
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