[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4539 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4539

  To amend the Cache La Poudre River Corridor Act to designate a new 
 management entity, make certain technical and conforming amendments, 
     enhance private property protections, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2005

Mrs. Musgrave introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Cache La Poudre River Corridor Act to designate a new 
 management entity, make certain technical and conforming amendments, 
     enhance private property protections, 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 
Heritage Area Technical Amendments Act of 2005''.

SEC. 2. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA.

    (a) Purpose.--Section 101 of the Cache La Poudre River Corridor Act 
(16 U.S.C. 461 note; Public Law 104-323) is amended--
            (1) by striking ``Cache La Poudre Corridor'' and inserting 
        ``Cache la Poudre River National Heritage Area'';
            (2) by striking ``Cache La Poudre River Basin'' and 
        inserting ``Cache la Poudre River Basin''; and
            (3) by striking ``the Corridor'' and inserting ``the 
        Heritage Area''.
    (b) Definitions.--Section 102 of the Cache La Poudre River Corridor 
Act (16 U.S.C. 461 note; Public Law 104-323) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Alliance.--The term `Alliance' means the Poudre 
        Heritage Alliance, a nonprofit corporation incorporated in the 
        State of Colorado.'';
            (2) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Governor.--The term `Governor' means the Governor of 
        the State of Colorado.
            ``(3) Heritage area.--The term `Heritage Area' means the 
        Cache la Poudre River National Heritage Area established by 
        section 103(a).'';
            (3) by striking paragraph (4) and inserting the following:
            ``(4) Plan.--The term `Plan' means the Cache la Poudre 
        River National Heritage Area management plan prepared by the 
        Alliance under section 105.''; and
            (4) in paragraph (5), by striking ``Corridor'' and 
        inserting ``Heritage Area''.
    (c) Establishment and Boundaries; Landowner Withdrawal Authority.--
Section 103 of the Cache La Poudre River Corridor Act (16 U.S.C. 461 
note; Public Law 104-323) is amended--
            (1) in subsection (a), by striking ``Cache La Poudre 
        Corridor'' and inserting ``Cache la Poudre River National 
        Heritage Area'';
            (2) in subsection (b)--
                    (A) by striking ``the boundaries of the Corridor'' 
                and inserting ``the boundaries of the Heritage Area'';
                    (B) by striking ``Cache La Poudre River'' each 
                place it appears and inserting ``Cache la Poudre 
                River''; and
                    (C) by striking ``and generally depicted'' and all 
                that follows through the period at the end of the 
                matter following paragraph (19) and inserting ``as 
                generally depicted on the map entitled `Cache la Poudre 
                River National Heritage Area', numbered 960/80,003, and 
                dated April, 2004.''; and
            (3) by adding at the end the following:
    ``(d) Management Entity.--The Alliance shall be the management 
entity for the Heritage Area.
    ``(e) Landowner Withdraw.--Any owner of private property included 
within the boundaries of the Heritage Area shall have that property 
immediately removed from the boundaries of the Heritage Area by 
submitting a written request to the Alliance.''.

SEC. 3. POUDRE HERITAGE ALLIANCE.

     Section 104 of the Cache La Poudre River Corridor Act (16 U.S.C. 
461 note; Public Law 104-323) is amended to read as follows:

``SEC. 104. AUTHORITIES AND DUTIES OF THE ALLIANCE.

    ``(a) Duties of the Alliance.--To further the purposes of the 
Heritage Area, the Alliance shall--
            ``(1) prepare, obtain approval for, implement, and support 
        the Plan in accordance with section 105;
            ``(2) administer the Heritage Area;
            ``(3) conduct meetings regarding the development and 
        implementation of the Plan at least quarterly that are open to 
        the public;
            ``(4) for any fiscal year in which the Alliance receives 
        Federal funds under this Act--
                    ``(A) submit to the Secretary an annual report that 
                describes the accomplishments, expenses, and income of 
                the Alliance, including grants provided to any other 
                entities during the fiscal year; and
                    ``(B)(i) make available for audit all information 
                relating to the expenditure of the Federal funds and 
                any matching funds; and
                    ``(ii) in any agreement authorizing expenditures of 
                Federal funds by other organizations, require that the 
                receiving organizations make available for audit all 
                records and other information relating to the 
                expenditure of the Federal funds;
            ``(5) encourage by appropriate means economic viability 
        that is consistent with the purposes of the Heritage Area; and
            ``(6) carry out other duties of the Alliance as required 
        under this Act.
    ``(b) Authorities.--The Alliance may, for the purposes of preparing 
and implementing the Plan, use Federal funds made available under this 
Act to--
            ``(1) make grants to the State of Colorado, political 
        subdivisions of the State, nonprofit organizations, and other 
        persons;
            ``(2) enter into cooperative agreements with, or provide 
        technical assistance to, the State of Colorado, political 
        subdivisions of the State, nonprofit organizations, and other 
        interested persons;
            ``(3) hire and compensate staff, including individuals with 
        expertise in cultural, historic, and natural resources 
        protection and heritage programming;
            ``(4) obtain money or services from any source, including 
        money or services that are provided under any other Federal law 
        or program;
            ``(5) contract for goods or services; and
            ``(6) support activities that--
                    ``(A) further the purposes of the Heritage Area; 
                and
                    ``(B) are consistent with the approved Plan.
    ``(c) Acquisition of Land and Real Property.--
            ``(1) Acquisition of real property.--
                    ``(A) Prohibition on use of federal funds.--The 
                Alliance shall not use Federal funds received under 
                this Act to acquire real property.
                    ``(B) Other funds.--Notwithstanding subparagraph 
                (A), the Alliance may acquire real property using any 
                other source of funding, including other Federal 
                funding.
            ``(2) Acquisition of land from willing sellers.--No land or 
        interest in land may be acquired by the Secretary or the 
        Alliance under this Act without the consent of the owner of the 
        land or interest.''.

SEC. 4. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA MANAGEMENT PLAN.

    (a) In General.--The Cache La Poudre River Corridor Act (16 U.S.C. 
461 note; Public Law 104-323) is amended by striking sections 105 
through 109 and inserting the following:

``SEC. 105. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA MANAGEMENT 
              PLAN.

    ``(a) Requirements.--The Alliance shall prepare and submit to the 
Secretary for approval a management plan for the Heritage Area that--
            ``(1) describes comprehensive policies, goals, strategies, 
        and recommendations for--
                    ``(A) telling the story of the heritage of the 
                Heritage Area; and
                    ``(B) encouraging long-term resource protection, 
                enhancement, interpretation, funding, management, and 
                development of the Heritage Area;
            ``(2) includes a description of actions and commitments 
        that State and local governments, private organizations, and 
        citizens in the Heritage Area will take to protect, enhance, 
        and interpret the cultural, historic, natural, and scenic 
        resources of the Heritage Area;
            ``(3) specifies existing and potential sources of funding 
        or economic development strategies to protect, enhance, 
        interpret, fund, manage, and develop the Heritage Area;
            ``(4) includes an inventory of the cultural, educational, 
        historical, natural, recreational, and scenic resources of the 
        Heritage Area and associated sites relating to the stories and 
        themes of the region that should be protected, enhanced, 
        managed or developed;
            ``(5) recommends policies and strategies for resource 
        management, including the development of intergovernmental and 
        interagency agreements to protect the cultural, educational, 
        historic, natural, recreational, and scenic resources of the 
        Heritage Area;
            ``(6) describes a program of implementation for the Plan, 
        including--
                    ``(A) performance goals;
                    ``(B) plans for resource protection, enhancement, 
                and interpretation; and
                    ``(C) specific commitments for implementation that 
                have been made by the Alliance or any government, 
                organization, business, or individual in the Heritage 
                Area;
            ``(7) includes an analysis of, and recommendations for, 
        ways in which Federal, State, and local programs may best be 
        coordinated to further the purposes of this Act, including an 
        analysis of the role of the National Park Service and other 
        Federal agencies associated with the Heritage Area; and
            ``(8) includes a business plan that--
                    ``(A) describes the role, operation, financing, and 
                functions of--
                            ``(i) the Alliance; and
                            ``(ii) each of the major activities 
                        included in the Plan; and
                    ``(B) provides adequate assurances that the 
                Alliance has the partnerships and financial and other 
                resources necessary to implement the Plan.
    ``(b) Termination of Funding.--If the Plan is not submitted to the 
Secretary in accordance with this section, the Secretary shall not 
provide to the Alliance any additional financial assistance under this 
Act until the Plan is submitted to and approved by the Secretary under 
this section.
    ``(c) Approval of Plan.--
            ``(1) Review.--Not later than 180 days after the date of 
        receipt of the management plan under subsection (a), the 
        Secretary, in consultation with the Governor, shall review and 
        approve or disapprove the Plan.
            ``(2) Criteria.--In determining whether to approve the 
        Plan, the Secretary shall consider whether--
                    ``(A) the Alliance is representing the diverse 
                interests of the Heritage Area, including--
                            ``(i) governments;
                            ``(ii) natural and historic resource 
                        protection organizations;
                            ``(iii) educational institutions;
                            ``(iv) businesses;
                            ``(v) recreational organizations;
                            ``(vi) community residents; and
                            ``(vii) private property owners;
                    ``(B) the Alliance provided adequate opportunity, 
                workshops, and hearings for public and governmental 
                involvement in the preparation of the Plan;
                    ``(C) the Alliance includes provisions for at least 
                semiannual public meetings to ensure adequate 
                implementation of the Plan;
                    ``(D) the resource protection and interpretation 
                strategies in the Plan would adequately protect, 
                enhance, and interpret the cultural, historic, natural, 
                and scenic resources of the Heritage Area;
                    ``(E) the Plan would adversely affect any 
                activities authorized on Federal land under public land 
                laws or land use plans;
                    ``(F) the Alliance has demonstrated financial 
                capability, in partnership with others, to carry out 
                the Plan;
                    ``(G) the Secretary has received adequate 
                assurances from the appropriate State and local 
                officials, the support of which is needed to ensure the 
                effective implementation of the State and local aspects 
                of the Plan; and
                    ``(H) the Plan demonstrates partnerships among the 
                Alliance, Federal, State, and local governments, 
                regional planning organizations, nonprofit 
                organizations, or private-sector parties for 
                implementation of the Plan.
            ``(3) Action following disapproval.--If the Secretary 
        disapproves the Plan under paragraph (1), the Secretary shall--
                    ``(A) advise the Alliance in writing of the reasons 
                for the disapproval;
                    ``(B) make recommendations for revisions to the 
                Plan; and
                    ``(C) not later than 180 days after the date of 
                receipt of a proposed revision to the Plan, approve or 
                disapprove the proposed revision.
            ``(4) Amendments.--
                    ``(A) In general.--The Secretary shall review and 
                approve or disapprove each amendment to the Plan that 
                the Secretary determines may substantially alter the 
                purposes of the Heritage Area.
                    ``(B) Use of funds.--Funds made available under 
                this Act shall not be expended by the management entity 
                to implement an amendment described in subparagraph (A) 
                until the Secretary approves the amendment.''.
    (b) Conforming Amendments.--The Cache La Poudre River Corridor Act 
(16 U.S.C. 461 note; Public Law 104-323) is amended by redesignating 
sections 110, 111, 112, and 113 as sections 106, 107, 108, and 110, 
respectively.

SEC. 5. DUTIES AND AUTHORITIES OF THE SECRETARY OF THE INTERIOR.

     Section 106 of the Cache La Poudre River Corridor Act (16 U.S.C. 
461 note; Public Law 104-323) (as redesignated by section 4(b)) is 
amended--
            (1) by striking the heading and inserting the following:

``SEC. 106. DUTIES AND AUTHORITIES OF THE SECRETARY.'';

            (2) by striking subsections (a) and (c);
            (3) by redesignating subsection (b) as subsection (a);
            (4) in subsection (a) (as redesignated by paragraph (2))--
                    (A) by striking ``Commission'' each place it 
                appears and inserting ``Alliance''; and
                    (B) by striking ``section 108'' and inserting 
                ``section 105''; and
            (5) by adding at the end the following:
    ``(b) Cooperative Agreements.--
            ``(1) In general.--The Secretary may enter into cooperative 
        agreements with the Alliance for the purpose of carrying out 
        the Plan.
            ``(2) Requirements.--Any cooperative agreement shall, at a 
        minimum, establish procedures for providing notice to the 
        Alliance of any action that may affect the implementation of 
        the Plan.''.

SEC. 6. OTHER FEDERAL ENTITIES.

     Section 107 of the Cache La Poudre River Corridor Act (16 U.S.C. 
461 note; Public Law 104-323) (as redesignated by section 4(b)) is 
amended--
            (1) in subsection (a), by striking ``section 112'' and 
        inserting ``section 108'';
            (2) by striking ``Corridor'' each place it appears and 
        inserting ``Heritage Area'';
            (3) by striking ``Commission'' each place it appears and 
        inserting ``Alliance''; and
            (4) by striking ``Cache La Poudre'' each place it appears 
        and inserting ``Cache la Poudre''.

SEC. 7. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS, RESTRICTIONS, AND 
              SAVINGS PROVISIONS.

     Section 108 of the Cache La Poudre River Corridor Act (16 U.S.C. 
461 note; Public Law 104-323) (as redesignated by section 4(b)) is 
amended--
            (1) in subsection (a)(1), by adding at the end the 
        following: ``No privately owned property shall be preserved, 
        conserved, or promoted by the Plan unless and until the owner 
        of that private property gives the Alliance written consent for 
        such preservation, conservation, or promotion after receiving 
        written notification from the Alliance of the proposed 
        preservation, conservation, or promotion.'';
            (2) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Savings Provision.--Nothing in this Act--
            ``(1) diminishes, enlarges, or modifies a right of a 
        Federal agency, State agency, or political subdivision of the 
        State--
                    ``(A) to exercise civil and criminal jurisdiction 
                within the Heritage Area; or
                    ``(B) to tax persons, corporations, franchises, or 
                property, including minerals and other interests in or 
                on land or water within the urban portions of the 
                Heritage Area;
            ``(2) authorizes the regulation of private land in the 
        Heritage Area;
            ``(3) authorizes the imposition of any mandatory streamflow 
        requirements in the Heritage Area;
            ``(4) creates an express or implied Federal reserved water 
        right;
            ``(5) imposes any Federal water quality standard within or 
        upstream of the Heritage Area that is more restrictive than 
        would be applicable had the Heritage Area not been established; 
        or
            ``(6) prevents the State of Colorado from acquiring an 
        instream flow through the Heritage Area under the terms, 
        conditions, and limitations of State law to assist in 
        protecting the natural environment to the extent and for the 
        purposes authorized by State law.'';
            (3) by striking ``Corridor'' each place it appears and 
        inserting ``Heritage Area''; and
            (4) by striking ``Commission'' each place it appears and 
        inserting ``Alliance''.

SEC. 8. PRIVATE PROPERTY PROTECTIONS.

    The Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public 
Law 104-323) is amended by inserting after section 108 (as redesignated 
by section 4(b) and amended by section 7) the following:

``SEC. 109. PRIVATE PROPERTY PROTECTION.

    ``(a) Access to Private Property.--Nothing in this Act shall be 
construed to--
            ``(1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property; or
            ``(2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
    ``(b) Liability.--Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    ``(c) Recognition of Authority to Control Land Use.--Nothing in 
this Act shall be construed to modify the authority of Federal, State, 
or local governments to regulate land use.
    ``(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any 
private property located within the boundaries of the Heritage Area to 
participate in or be associated with the Heritage Area.
    ``(e) Effect of Establishment.--The boundaries designated for the 
Heritage Area represent the area within which Federal funds 
appropriated pursuant to the authorization of appropriations in section 
110 may be expended. The establishment of the Heritage Area and its 
boundaries shall not be construed to provide any nonexisting regulatory 
authority on land use within the Heritage Area or its viewshed by the 
Secretary, the National Park Service, or the Alliance.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

     Section 110 of the Cache La Poudre River Corridor Act (16 U.S.C. 
461 note; Public Law 104-323) (as redesignated by section 4(b)) is 
amended to read as follows:

``SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this Act--
            ``(1) not more than $100,000 for any fiscal year; and
            ``(2) not more than a total of $1,000,000.
    ``(b) Availability.--Funds appropriated pursuant to the 
authorization of appropriations in subsection (a) shall remain 
available until expended.
    ``(c) Matching Funds.--
            ``(1) In general.--As a condition of providing a grant 
        under this Act to the Alliance, the Secretary shall require 
        that the Alliance provide matching funds equal to the amount of 
        the grant.
            ``(2) Form.--Matching funds--
                    ``(A) shall be from non-Federal sources; and
                    ``(B) may be made in the form of in-kind 
                contributions of goods or services fairly valued.
    ``(d) Administrative Expenses.--Not more than 5 percent of the 
funds appropriated pursuant to the authorization of appropriations in 
subsection (a) for a fiscal year may be used by the Secretary for 
technical assistance, oversight, and administrative purposes.''.

SEC. 10. TERMINATION OF AUTHORITY; REFERENCES IN LAW.

     The Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public 
Law 104-323) is amended by adding at the end the following:

``SEC. 111. REFERENCES.

    ``(a) Federal Laws and Documents.--Any reference in any law (other 
than this Act), regulation, document, record, map, or other paper of 
the United States to `Cache La Poudre River Corridor' or `Cache La 
Poudre Corridor' shall be considered to be a reference to the `Cache la 
Poudre River National Heritage Area'.
    ``(b) Other Signs and Notices.--Any directional or official sign or 
notice relating to `Cache La Poudre River Corridor' or `Cache La Poudre 
Corridor' shall be considered to be a reference to the `Cache la Poudre 
River National Heritage Area'.

``SEC. 112. TERMINATION OF AUTHORITY.

    ``The authority of the Secretary to provide financial assistance to 
the Alliance (excluding technical assistance and administrative 
oversight) under this Act shall terminate 10 years after the date of 
enactment of the Cache la Poudre River National Heritage Area Technical 
Amendments Act of 2005.''.
                                 <all>