[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[Pages S12353-S12359]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         CACHE LA POUDRE RIVER NATIONAL WATER HERITAGE AREA ACT

  Mr. LOTT. I ask unanimous consent the Senate proceed to the immediate 
consideration of Calendar No. 281, S. 342.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 342) to establish the Cache la Poudre River 
     National Water Heritage Area in the State of Colorado, and 
     for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

     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;

[[Page S12354]]

       (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.

[[Page S12355]]

       (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 would be 
     applicable had the Area not been established.
       (4) Water standards.--Nothing in this Act shall be 
     considered to impose any Federal or State water use 
     designation or water quality standard upon uses of, or 
     discharges to, waters of the State or waters of the United 
     States, within or adjacent to the Area, that is more 
     restrictive than those that would be applicable had the 
     Area not been established.
       (5) Permitting of facilities.--Nothing in the establishment 
     of the Area shall abridge, restrict, or alter any applicable 
     rule, regulation, standard, or review procedure for 
     permitting of facilities within or adjacent to the Area.
       (6) Water facilities.--Nothing in the establishment of the 
     Area shall affect the continuing use and operation, repair, 
     rehabilitation, expansion, or new construction of water 
     supply facilities, water and wastewater treatment facilities, 
     stormwater facilities, public utilities, and common carriers.
       (7) Water and water rights.--Nothing in the establishment 
     of the Area shall be considered to authorize or imply the 
     reservation or appropriation of water or water rights 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;

[[Page S12356]]

       (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.


                           Amendment No. 5427

       Purpose: To establish the Cache La Poudre Corridor.
  Mr. LOTT. Senator Brown has an amendment at the desk, and I ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Lott], for Mr. Brown, 
     proposes an amendment numbered 5427.

  Mr. LOTT. I ask unanimous consent that the reading of the amendment 
be dispensed with.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 5427) was agreed to.
  Mr. LOTT. I ask unanimous consent the committee amendment, as 
amended, be agreed to, the bill be deemed read for the third time and 
passed, motion to reconsider be laid upon the table and any statements 
relating to the bill be placed in the appropriate place in the Record 
and the title of the amendment be deemed agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment as amended was agreed to.
  The bill (S. 342), as amended, was deemed read the third time and 
passed, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SEC. 100. SHORT TITLE.

       This Act may be cited as the ``Cache La Poudre River 
     Corridor Act''.

     SEC. 101. PURPOSE.

       The purpose of this Act is to designate the Cache La Poudre 
     Corridor 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 Corridor.

     SEC. 102. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the Cache La 
     Poudre Corridor Commission established by section 104(a).
       (2) Corridor.--The term ``Corridor'' means the Cache La 
     Poudre Corridor established by section 103(a).
       (3) Governor.--The term ``Governor'' means the Governor of 
     the State of Colorado.
       (4) Plan.--The term ``Plan'' means the corridor 
     interpretation plan prepared by the Commission pursuant to 
     section 108(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 Corridor, including a county, 
     city, town, water conservancy district, or special district.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 103. ESTABLISHMENT OF THE CACHE LA POUDRE CORRIDOR.

       (a) Establishment.--There is established in the State of 
     Colorado the Cache La Poudre Corridor.
       (b) Boundaries.--The boundaries of the Corridor shall 
     include the 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 the floodplain to a point 
     \1/4\ 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, colorado.--
     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, colorado.--
     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, colorado.--
     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, colorado.--
     Community-Panel No. 080101 0163C, March 18, 1986. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (5) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080101 0178C, March 18, 1986. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (6) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080102 0002B, February 15, 1984. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (7) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080101 0179C, March 18, 1986. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (8) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080101 0193D, November 17, 1993. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (9) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080101 0194D, November 17, 1993. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (10) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080101 0208C, November 17, 1993. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (11) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080101 0221C, November 17, 1993. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (12) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080266 0605D, September 27, 1991. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (13) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080264 0005A, September 27, 1991. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (14) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080266 0608D, September 27, 1991. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (15) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080266 0609C, September 28, 1982. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (16) Flood insurance rate map, larimer county, colorado.--
     Community-Panel No. 080266 0628C, September 28, 1982. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (17) Flood insurance rate map, larimer county, colorado.--
     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, colorado.--
     Community-Panel No. 080266 0636C, September 28, 1982. Federal 
     Emergency Management Agency, Federal Insurance 
     Administration.
       (19) Flood insurance rate map, larimer county, colorado.--
     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 
     Corridor.
       (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 
     Country, the city of Greeley, and Weld County.

     SEC. 104. ESTABLISHMENT OF THE CACHE LA POUDRE CORRIDOR 
                   COMMISSION.

       (a) Cache La Poudre Corridor Commission.--

[[Page S12357]]

       (1) In general.--Upon the recommendation of the Governor, 
     the Secretary is authorized to recognize, for the purpose of 
     developing and implementing the plan referred to in 
     subsection (g)(1), the Cache La Poudre Corridor Commission, 
     as such Commission may be established by the State of 
     Colorado or its political subdivisions.
       (2) Reflection of cross-section of interests.--The 
     Secretary may provide recognition under paragraph (1) only if 
     the Commission reflects the following:
       (A) Membership.--
       (i) 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--

       (I) 1 member shall be a representative of the Secretary of 
     the Interior which member shall be an ex officio member;
       (II) 1 member shall be a representative of the Forest 
     Service, appointed by the Secretary of Agriculture, which 
     member shall be an ex officio member;
       (III) 3 members shall be recommended by the Governor and 
     appointed by the Secretary, of whom--

       (aa) 1 member shall represent the State;
       (bb) 1 member shall represent Colorado State University in 
     Fort Collins; and
       (cc) 1 member shall represent the Northern Colorado Water 
     Conservancy District;

       (IV) 6 members shall be representatives of local 
     governments who are recommended by the Governor and appointed 
     by the Secretary, of whom--

       (aa) 1 member shall represent the city of Fort Collins;
       (bb) 2 members shall represent Larimer County, 1 of which 
     shall represent agriculture or irrigated water interests;
       (cc) 1 member shall represent the city of Greeley;
       (dd) 2 members shall represent Weld County, 1 of which 
     shall represent agricultural or irrigated water interests; 
     and
       (ee) 1 member shall represent the city of Loveland; and

       (V) 3 members shall be recommended by the Governor and 
     appointed by the Secretary, and shall--

       (aa) represent the general public;
       (bb) be citizens of the State; and
       (cc) reside within the Corridor.
       (ii) Chairperson.--The chairperson of the Commission shall 
     be elected by the members of the Commission from among 
     members appointed under subclause (III), (IV), or (V) of 
     clause (i). The chairperson shall be elected for a 2-year 
     term.
       (iii) Vacancies.--A vacancy on the Commission shall be 
     filled in the same manner in which the original appointment 
     was made.
       (B) Terms of Service.--
       (i) In general.--Except as provided in clause (ii) and 
     (iii), each member of the Commission shall be appointed for a 
     term of 3 years and may be reappointed.
       (ii) Initial members.--The initial members of the 
     Commission first appointed under subparagraph (A)(i) shall be 
     appointed as follows:

       (I) 3-year terms.--The following initial members shall 
     serve for a 3-year term:

       (aa) The representative of the Secretary of the Interior.
       (bb) 1 representative of Weld County.
       (cc) 1 representative of Larimer County.
       (dd) 1 representative of the city of Loveland.
       (ee) 1 representative of the general public.

       (II) 2-year terms.--The following initial members shall 
     serve for a 2-year term:

       (aa) The representative of the Forest Service.
       (bb) The representative of the State.
       (cc) The representative of Colorado State University.
       (dd) The representative of the Northern Colorado Water 
     Conservancy District.

       (III) 1-year terms.--The following initial members shall 
     serve for a 1-year term:

       (aa) 1 representative of the city of Fort Collins.
       (bb) 1 representative of Larimer County.
       (cc) 1 representative of the city of Greeley.
       (dd) 1 representative of Weld County.
       (ee) 1 representative of the general public.
       (iii) Partial terms.--

       (I) 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 member's term.
       (II) Extended service.--A member of the Commission may 
     serve after the expiration of that member's term until a 
     successor has taken office.

       (C) Compensation.--Members of the Commission shall receive 
     no compensation for their service on the Commission.
       (D) 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. 105. 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 civil service 
     laws (including 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 that 
     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. 106. 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 title.
       (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.--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.
       (e) Real Property.--
       (1) In general.--Except as provided in paragraph (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 Corridor, and interests in 
     real property in the Corridor--
       (A) by gift or device;
       (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 Corridor 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 title.
       (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 Corridor; and
       (ii) conducted a public hearing with respect to the 
     modification; and
       (C) the Governor has approved the modification.

     SEC. 107. DUTIES OF THE COMMISSION.

       (a) Plan.--The Commission shall prepare, obtain approval 
     for, implement, and support the Plan in accordance with 
     section 108.

[[Page S12358]]

       (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. 108. 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 Corridor 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 
     Corridor; and
       (B) conduct public hearings within the Corridor 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 
     Corridor.
       (b) Review of Plan.--
       (1) In general.--The Commission shall submit the Plan to 
     the Governor for the Governor's review.
       (2) Governor.--The Governor may review the Plan and, if the 
     Governor 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 Corridor.
       (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.
       (A) 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.
       (B) 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.
       (2) Implementation of Plan.--After approval by the 
     Secretary, the Commission shall implement and support the 
     Plan as follows:
       (A) Cultural resources.--
       (i) 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 Corridor.
       (ii) 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 the 
     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 
     Corridor.
       (3) 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 Corridor, and the archaeological, 
     geological, and cultural resources and sites in the 
     Corridor--
       (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.
       (4) 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 Corridor with consent of 
     the owner. The assistance may include providing technical 
     assistance for historic preservation, revitalization, and 
     enhancement efforts.
       (5) Interpretation.--The Commission shall assist in the 
     interpretation of the historical, present, and future uses of 
     the Corridor--
       (A) by consulting with the Secretary with respect to the 
     implementation of the Secretary's duties under section 110;
       (B) by assisting the State and political subdivisions of 
     the State in establishing and maintaining visitor orientation 
     centers and other interpretive exhibits within the Corridor;
       (C) by encouraging voluntary cooperation and coordination, 
     with respect to ongoing interpretive services in the 
     Corridor, 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 Corridor.
       (6) Recognition.--The Commission shall assist in 
     establishing recognition for the Corridor by actively 
     promoting the cultural, historical, natural, and recreational 
     resources of the Corridor on a community, regional, 
     statewide, national, and international basis.
       (7) 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 Corridor.

     SEC. 109. TERMINATION OF TRAVEL EXPENSES PROVISION.

       Effective on the date that is 5 years after the date on 
     which the Secretary approves the Plan, section 104 is amended 
     by striking subsection (e).

     SEC. 110. DUTIES OF THE SECRETARY.

       (a) Acquisition of Land.--The Secretary may acquire land 
     and interests in land within the Corridor that have been 
     specifically identified by the Commission for acquisition by 
     the Federal Government and that have been approved for the 
     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 the 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 108.
       (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 107.

     SEC. 111. OTHER FEDERAL ENTITIES.

       (a) Duties.--Subject to section 112, a Federal entity 
     conducting or supporting activities directly affecting the 
     flow of the Cache La Poudre River through the Corridor, or 
     the natural resources of the Corridor shall consult with the 
     Commission with respect to the activities;
       (b) Authorization.--
       (1) In general.--The Secretary or Administrator of a 
     Federal agency may acquire land in the flood plain of the 
     Corridor by exchange for other lands within the agency's 
     jurisdiction within the State of Colorado, based on fair 
     market value, if the 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 Corridor is established.
       (2) Conveyance of surplus real property.--Without monetary 
     consideration to the United States, the Administrator of 
     General Services may convey to the State of Colorado, its 
     political subdivisions, or instrumentalities thereof all of 
     the right, title, and interest of the United States in and to 
     any surplus real property (within the meaning of section 3(g) 
     of the Federal Property and Administrative Services Act of 
     1949 (40 U.S.C. 472(g))) within the State of Colorado which 
     the Secretary has determined is suitable and desirable to 
     meet the purposes for which the Corridor is established. 
     Subparagraph (B) of section 203(k)(3) of such Act shall apply 
     to any conveyance made under this paragraph. For purposes of 
     the preceding sentence, such subparagraph shall be applied by 
     substituting ``the purposes for which the Cache La Poudre 
     Corridor is established'' for ``historic monument purposes''.

     SEC. 112. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS, 
                   RESTRICTIONS, AND SAVINGS PROVISIONS.

       (a) Effect on Environmental and Other Standards.--

[[Page S12359]]

       (1) Voluntary cooperation.--In carrying out this title, the 
     Commission and Secretary shall emphasize voluntary 
     cooperation.
       (2) Rules, regulations, standards, and permit processes.--
     Nothing in this title 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 Corridor not been established.
       (3) Environmental quality standards.--Nothing in this title 
     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 Corridor not been established.
       (4) Water standards.--Nothing in this title 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 Corridor, that is more 
     restrictive than those that would be applicable had the 
     Corridor not been established.
       (5) Permitting of facilities.--Nothing in the establishment 
     of the Corridor shall abridge, restrict, or alter any 
     applicable rule, regulation, standard, or review procedure 
     for permitting of facilities within or adjacent to the 
     Corridor.
       (6) Water facilities.--Nothing in the establishment of the 
     Corridor 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 Corridor 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 title 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 (including an 
     owner of private property) to participate in a project or 
     program carried out by the Commission or the Secretary under 
     the title;
       (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 title 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 
     Corridor; or
       (2) to tax persons, corporations, franchises, or property, 
     including minerals and other interests in or on lands or 
     waters within the urban portions of the Corridor.
       (d) Access to Private Property.--Nothing in this title 
     requires an owner of private property to allow access to the 
     property by the public.

     SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     not to exceed $50,000 to the Commission to carry out this Act 
     for each of the first 5 fiscal years following the date of 
     enactment of this Act.
       (b) 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.
  The title was amended so as to read:

       ``A Bill To Establish the Cache La Poudre River Corridor''.

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