[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 180 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 180

To establish the Cache La Poudre River National Heritage Area, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 8, 2009

  Mr. Salazar (for himself and Mr. Udall of Colorado) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Cache La Poudre River National Heritage Area, 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 Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Cache La Poudre River National Heritage Area established by 
        section 3(a).
            (2) Local coordinating entity.--The term ``local 
        coordinating entity'' means the Poudre Heritage Alliance, the 
        local coordinating entity for the Heritage Area designated by 
        section 3(d).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area required under 
        section 5(a).
            (4) Map.--The term ``map'' means the map entitled ``Cache 
        La Poudre River National Heritage Area'', numbered 960/80,003, 
        and dated April, 2004.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Colorado.

SEC. 3. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the Cache La 
Poudre River National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of the area 
depicted on the map.
    (c) Map.--The map shall be on file and available for public 
inspection in the appropriate offices of--
            (1) the National Park Service; and
            (2) the local coordinating entity.
    (d) Local Coordinating Entity.--The local coordinating entity for 
the Heritage Area shall be the Poudre Heritage Alliance, a nonprofit 
organization incorporated in the State.

SEC. 4. ADMINISTRATION.

    (a) Authorities.--To carry out the management plan, the Secretary, 
acting through the local coordinating entity, may use amounts made 
available under this Act--
            (1) to make grants to the State (including any political 
        subdivision of the State), nonprofit organizations, and other 
        individuals;
            (2) to enter into cooperative agreements with, or provide 
        technical assistance to, the State (including any political 
        subdivision of the State), nonprofit organizations, and other 
        interested parties;
            (3) to hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resource protection, and heritage programming;
            (4) to obtain funds or services from any source, including 
        funds or services that are provided under any other Federal law 
        or program;
            (5) to enter into contracts for goods or services; and
            (6) to serve as a catalyst for any other activity that--
                    (A) furthers the purposes and goals of the Heritage 
                Area; and
                    (B) is consistent with the approved management 
                plan.
    (b) Duties.--The local coordinating entity shall--
            (1) in accordance with section 5, prepare and submit to the 
        Secretary a management plan for the Heritage Area;
            (2) assist units of local government, regional planning 
        organizations, and nonprofit organizations in carrying out the 
        approved management plan by--
                    (A) carrying out programs and projects that 
                recognize, protect, and enhance important resource 
                values located in the Heritage Area;
                    (B) establishing and maintaining interpretive 
                exhibits and programs in the Heritage Area;
                    (C) developing recreational and educational 
                opportunities in the Heritage Area;
                    (D) increasing public awareness of, and 
                appreciation for, the natural, historical, scenic, and 
                cultural resources of the Heritage Area;
                    (E) protecting and restoring historic sites and 
                buildings in the Heritage Area that are consistent with 
                Heritage Area themes;
                    (F) ensuring that clear, consistent, and 
                appropriate signs identifying points of public access, 
                and sites of interest, are posted throughout the 
                Heritage Area; and
                    (G) promoting a wide range of partnerships among 
                governments, organizations, and individuals to further 
                the Heritage Area;
            (3) consider the interests of diverse units of government, 
        businesses, organizations, and individuals in the Heritage Area 
        in the preparation and implementation of the management plan;
            (4) conduct meetings open to the public at least 
        semiannually regarding the development and implementation of 
        the management plan;
            (5) for any year for which Federal funds have been received 
        under this Act--
                    (A) submit an annual report to the Secretary that 
                describes the activities, expenses, and income of the 
                local coordinating entity (including grants to any 
                other entities during the year that the report is 
                made);
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of the funds and 
                any matching funds; and
                    (C) require, with respect to all agreements 
                authorizing expenditure of Federal funds by other 
                organizations, that the organizations receiving the 
                funds make available to the Secretary for audit all 
                records concerning the expenditure of the funds; and
            (6) encourage by appropriate means economic viability that 
        is consistent with the Heritage Area.
    (c) Prohibition on the Acquisition of Real Property.--The local 
coordinating entity shall not use Federal funds made available under 
this Act to acquire real property or any interest in real property.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the local coordinating entity shall submit to the 
Secretary for approval a proposed management plan for the Heritage 
Area.
    (b) Requirements.--The management plan shall--
            (1) incorporate an integrated and cooperative approach for 
        the protection, enhancement, and interpretation of the natural, 
        cultural, historic, scenic, educational, and recreational 
        resources of the Heritage Area;
            (2) take into consideration State and local plans;
            (3) include--
                    (A) an inventory of the resources located in the 
                Heritage Area;
                    (B) comprehensive policies, strategies, and 
                recommendations for conservation, funding, management, 
                and development of the Heritage Area;
                    (C) a description of actions that governments, 
                private organizations, and individuals have agreed to 
                take to protect the natural, cultural, historic, 
                scenic, educational, and recreational resources of the 
                Heritage Area;
                    (D) a program of implementation for the management 
                plan by the local coordinating entity that includes a 
                description of--
                            (i) actions to facilitate ongoing 
                        collaboration among partners to promote plans 
                        for resource protection, restoration, and 
                        construction; and
                            (ii) specific commitments for 
                        implementation that have been made by the local 
                        coordinating entity or any government, 
                        organization, or individual for the first 5 
                        years of operation;
                    (E) the identification of sources of funding for 
                carrying out the management plan;
                    (F) analysis and recommendations for means by which 
                local, State, and Federal programs, including the role 
                of the National Park Service in the Heritage Area, may 
                best be coordinated to carry out this Act; and
                    (G) an interpretive plan for the Heritage Area; and
            (4) recommend policies and strategies for resource 
        management that consider and detail the application of 
        appropriate land and water management techniques, including the 
        development of intergovernmental and interagency cooperative 
        agreements to protect the natural, cultural, historic, scenic, 
        educational, and recreational resources of the Heritage Area.
    (c) Deadline.--If a proposed management plan is not submitted to 
the Secretary by the date that is 3 years after the date of enactment 
of this Act, the local coordinating entity shall be ineligible to 
receive additional funding under this Act until the date on which the 
Secretary approves a management plan.
    (d) Approval or Disapproval of Management Plan.--
            (1) In general.--Not later than 180 days after the date of 
        receipt of the management plan under subsection (a), the 
        Secretary, in consultation with the State, shall approve or 
        disapprove the management plan.
            (2) Criteria for approval.--In determining whether to 
        approve the management plan, the Secretary shall consider 
        whether--
                    (A) the local coordinating entity is representative 
                of the diverse interests of the Heritage Area, 
                including governments, natural and historic resource 
                protection organizations, educational institutions, 
                businesses, and recreational organizations;
                    (B) the local coordinating entity has afforded 
                adequate opportunity, including public hearings, for 
                public and governmental involvement in the preparation 
                of the management plan; and
                    (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                cultural, historic, scenic, educational, and 
                recreational resources of the Heritage Area.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan under paragraph (1), the 
        Secretary shall--
                    (A) advise the local coordinating entity in writing 
                of the reasons for the disapproval;
                    (B) make recommendations for revisions to the 
                management plan; and
                    (C) not later than 180 days after the date of 
                receipt of any proposed revision of the management plan 
                from the local coordinating entity, approve or 
                disapprove the proposed revision.
            (4) Amendments.--
                    (A) In general.--The Secretary shall approve or 
                disapprove each amendment to the management plan that 
                the Secretary determines would make a substantial 
                change to the management plan.
                    (B) Use of funds.--The local coordinating entity 
                shall not use Federal funds authorized to be 
                appropriated by this Act to carry out any amendments to 
                the management plan until the Secretary has approved 
                the amendments.

SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a 
Federal agency to provide technical or financial assistance under any 
other law (including regulations).
    (b) Consultation and Coordination.--To the maximum extent 
practicable, the head of any Federal agency planning to conduct 
activities that may have an impact on the Heritage Area is encouraged 
to consult and coordinate the activities with the Secretary and the 
local coordinating entity.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law (including any 
        regulation) authorizing a Federal agency to manage Federal land 
        under the jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any public or private property 
        owner, including the right to refrain from participating in any 
        plan, project, program, or activity conducted within the 
        Heritage Area;
            (2) requires any property owner--
                    (A) to permit public access (including access by 
                Federal, State, or local agencies) to the property of 
                the property owner; or
                    (B) to modify public access or use of property of 
                the property owner under any other Federal, State, or 
                local law;
            (3) alters any duly adopted land use regulation, approved 
        land use plan, or other regulatory authority of any Federal, 
        State, or local agency;
            (4) conveys any land use or other regulatory authority to 
        the local coordinating entity;
            (5) authorizes or implies the reservation or appropriation 
        of water or water rights;
            (6) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (7) creates any liability, or affects any liability under 
        any other law (including regulations), of any private property 
        owner with respect to any individual injured on the private 
        property.

SEC. 8. EVALUATION; REPORT.

    (a) In General.--Not later than 3 years before the date on which 
authority for Federal funding terminates for the Heritage Area, the 
Secretary shall--
            (1) conduct an evaluation of the accomplishments of the 
        Heritage Area; and
            (2) prepare a report in accordance with subsection (c).
    (b) Evaluation.--An evaluation conducted under subsection (a)(1) 
shall--
            (1) assess the progress of the local coordinating entity 
        with respect to--
                    (A) accomplishing the purposes of this Act for the 
                Heritage Area; and
                    (B) achieving the goals and objectives of the 
                approved management plan for the Heritage Area;
            (2) analyze the Federal, State, local, and private 
        investments in the Heritage Area to determine the leverage and 
        impact of the investments; and
            (3) review the management structure, partnership 
        relationships, and funding of the Heritage Area to identify the 
        critical components for sustainability of the Heritage Area.
    (c) Report.--
            (1) In general.--Based on the evaluation conducted under 
        subsection (a)(1), the Secretary shall prepare a report that 
        includes recommendations for the future role of the National 
        Park Service, if any, with respect to the Heritage Area.
            (2) Required analysis.--If the report prepared under 
        paragraph (1) recommends that Federal funding for the Heritage 
        Area be reauthorized, the report shall include an analysis of--
                    (A) ways in which Federal funding for the Heritage 
                Area may be reduced or eliminated; and
                    (B) the appropriate time period necessary to 
                achieve the recommended reduction or elimination.
            (3) Submission to congress.--On completion of the report, 
        the Secretary shall submit the report to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 9. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $10,000,000, of which not more than 
$1,000,000 may be made available for any fiscal year.
    (b) Cost-Sharing Requirement.--The Federal share of the cost of any 
activity carried out using any assistance made available under this Act 
shall be 50 percent.

SEC. 10. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this Act 
terminates on the date that is 15 years after the date of enactment of 
this Act.

SEC. 11. CONFORMING AMENDMENT.

    The Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public 
Law 104-323) is repealed.
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