[Senate Report 104-188]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 281
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-188
_______________________________________________________________________


 
         CACHE LA POUDRE RIVER NATIONAL WATER HERITAGE AREA ACT

                                _______


               December 15, 1995.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 342]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 342) to establish the Cache La Poudre 
River National Water Heritage Area in the State of Colorado, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
Act, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert 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 subdivisions 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. U.S. Dept. of Housing 
        and Urban Development, Federal Insurance Administration;
          (2) Flood Insurance Rate Map, Larimer County, CO. Community-
        Panel No. 080101 0147B, April 2, 1979. U.S. Dept. of Housing 
        and Urban Development, Federal Insurance Administration;
          (3) Flood Insurance Rate Map, Larimer County, CO. Community-
        Panel No. 080101 0162B, April 2, 1979. U.S. Dept. of Housing 
        and Urban Development, Federal Insurance Administration;
          (4) Flood Insurance Rate Map, Larimer County, CO. Community-
        Panel No. 080101 0163B, March 18, 1986. Federal Emergency 
        Management Agency, Federal Insurance Administration;
          (5) Flood Insurance Rate Map, Larimer County, CO. Community-
        Panel No. 080101 0178B, 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 0179B, 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 0194B, 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, 1992. Federal Emergency 
        Management Agency, Federal Insurance Administration;
          (17) Flood Insurance Rate Map, Larimer County, CO. Community-
        Panel No. 080184 0002B, July 16, 1979. U.S. Dept. 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; and
          (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 Area Commission.
          (2) Function.--The Commission, in consultation with 
        appropriate Federal, State, and local authorities, shall 
        develop and implement an integrated plan to interpret elements 
        of the history of water development within the Area.
    (b) Membership.--
          (1) Composition.--The Commission shall be composed of 15 
        members appointed not later than 6 months after the date of 
        enactment of this Act. Of these 15 members--
                  (A) 1 member shall be a representative of the 
                Secretary of the Interior which member shall be an ex 
                officio member,
                  (B) 1 member shall be a representative of the Forest 
                Service, appointed by the Secretary of Agriculture, 
                which member shall be an ex officio member;
                  (C) 3 members shall be recommended by the Governor 
                and appointed by the Secretary, of whom--
                          (i) 1 member shall represent the State;
                          (ii) 1 member shall represent Colorado State 
                        University in Fort Collins; and
                          (iii) 1 member shall represent the Northern 
                        Colorado Water Conservancy District;
                  (D) 6 members shall be representatives of local 
                governments who are recommended by the Governor and 
                appointed by the Secretary, of whom--
                          (i) 1 member shall represent the city of Fort 
                        Collins;
                          (ii) 2 members shall represent Larimer 
                        County, 1 of which shall represent agriculture 
                        or irrigated water interest;
                          (iii) 1 members 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 take 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--
                  (i) shall be appointed without regard to the civil 
                service laws and regulations; and
                  (ii) shall be compensated without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates.
    (b) Experts and Consultants.--Subject to such rules as may be 
adopted by the Commission, the Commission may procure temporary and 
intermittent services to the same extent as is authorized by section 
3109(b) of title 5, United States Code, at rates for individuals that 
do not exceed the daily equivalent of the annual rate of basic pay 
prescribed for level V of the Executive Schedule under section 5316 of 
such title.
    (c) State of Other Agencies.--
          (1) Federal.--Upon request of the Commission, the head of a 
        Federal agency may detail, on a reimbursable basis, any of the 
        personnel of the agency to the Commission to assist the 
        Commission in carrying out the Commission's duties. The detail 
        shall be without interruption or loss of civil service status 
        or privilege.
          (2) Administrative support services.--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, personnel 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 at it consider 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 members is appointed.
                  (B) Subsequent meetings.--After the initial meeting, 
                the Commission shall meet at the call of the 
                chairperson or 7 of its members, except that the 
                Commission shall meet at least quarterly.
          (2) Quorum.--Ten members of the Commission shall constitute a 
        quorum, but a lesser number of members may hold hearings.
          (3) Budget.--The affirmative vote of not less than 10 members 
        of the Commission shall be required to approve the budget of 
        the Commission.
    (c) Annual Reports.--Not later than May 15 of each year, following 
the year in which the members of the Commission have been appointed, 
the Commission shall publish and submit, to the Secretary and to the 
Governor, an annual report concerning the Commission's activities.

SEC. 9. PREPARATION, REVIEW, AND IMPLEMENTATION OF THE PLAN.

    (a) Preparation of Plan.--
          (1) In general.--Not later than 2 years after the Commission 
        conducts its first meeting, the Commission shall submit to the 
        Governor a Water Heritage Area Interpretation Plan.
          (2) Development.--In developing the Plan, the Commission 
        shall--
                  (A) consult on a regular basis with appropriate 
                officials of any Federal or State agency, political 
                subdivision of the State, and local government that has 
                jurisdiction over or an ownership interest in land, 
                water, or water rights within the Area; and
                  (B) conduct public hearings within the Area for the 
                purpose of providing interested persons the opportunity 
                to testify about matters to be addressed by the Plan.
          (3) Relationship to existing plans.--The Plan--
                  (A) shall recognize any existing Federal, State, and 
                local plans;
                  (B) shall not interfere with the implementation, 
                administration, or amendment of such plans; and
                  (C) to the extent feasible, shall seek to coordinate 
                the plans and present a unified interpretation plan for 
                the Area.
    (b) Review of Plan.--
          (1) In general.--The Commission shall submit the Plan to the 
        Governor for his review.
          (2) Governor.--The Governor may review the Plan and if he 
        concurs in the Plan, may submit the Plan to the Secretary, 
        together with any recommendations.
          (3) Secretary.--The Secretary shall approve or disapprove the 
        Plan within 90 days. In reviewing the Plan, the Secretary shall 
        consider the adequacy of--
                  (A) public participation;
                  (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) Implementation 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 will 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 establishing 
        recognition for the Area by actively promoting the cultural, 
        historical, natural, and recreational resources of the Area on 
        a community, regional, 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 non 
reimbursable 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 of 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 this Act;
          (2) intervene as a party in an administrative or judicial 
        proceeding concerning the application or enforcement of a 
        regulatory authority of a Federal agency, State agency, or 
        political subdivision of the State, including, but not limited 
        to, authority relating to--
                  (A) land use regulation;
                  (B) environmental quality;
                  (C) licensing;
                  (D) permitting;
                  (E) easements;
                  (F) private land development; or
                  (G) other occupational or access issue;
          (3) establish or modify a regulatory authority of a Federal 
        agency, State agency, or political subdivision of the State, 
        including authority relating to--
                  (A) land use regulation;
                  (B) environmental quality; or
                  (C) pipeline or utility crossings;
          (4) modify a policy of a Federal agency, State agency, or 
        political subdivision of the State;
          (5) attest in any manner the authority and jurisdiction of 
        the State with respect to the acquisition of lands or water, or 
        interest in lands or water;
          (6) vest authority to reserve or appropriate water or water 
        rights in any entity for any purpose;
          (7) deny, condition, or restrict the construction, repair, 
        rehabilitation, or expansion of water facilities, including 
        stormwater, water, and wastewater treatment facilities; or
          (8) deny, condition, or restrict the exercise of water rights 
        in accordance with the substantive and procedural requirements 
        of the laws of the State.
    (c) Savings Provision.--Nothing in this Act shall diminish, 
enlarge, or modify a right of a Federal agency, State agency, or 
political subdivision of the State--
          (1) to exercise civil and criminal jurisdiction within the 
        Area; or
          (2) to tax persons, corporations, franchises, or property, 
        including minerals and other interests in or on lands or waters 
        within the urban river corridor portions of the Area.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) Commission.--
          (1) In general.--There are authorized to be appropriated not 
        to exceed $250,000 to the Commission to carry out this Act.
          (2) Matching funds.--Funds may be made available pursuant to 
        this section only to the extent they are matched by equivalent 
        funds or in-kind contributions of services or materials from 
        non-Federal sources.

                         Purpose of the Measure

    The purpose of S. 342 is to establish the Cache La Poudre 
River National Water Heritage Area in Colorado. Establishment 
of the Cache La Poudre River National Water Heritage Area is 
intended to preserve and interpret the history of water 
development and river basin management in the westward 
expansion of the United States.

                          Background and Need

    With its headwaters in Rocky Mountain National Park, Cache 
La Poudre River flows through Poudre Canyon, exiting onto the 
Colorado high plains. There the river changes from a mountain 
river to a plains river of the semi-arid West. It meanders for 
approximately 40 miles through Larimer and Weld counties, 
joining the South Platte River near the city of Greeley. Along 
the river, stands of native cottonwood trees, willows and other 
riparian vegetation provide habitat for abundant wildlife. Fish 
populations are largely warm-water species, due to the river's 
low flow and other natural and human-modified characteristics.
    The river has been important to humans for centuries. 
Arapahoe, Northern Cheyenne, and Sioux Indians relied on the 
river for water, as a hunting ground, and as a landmark. For 
those who followed over time--early European explorers, 
trappers, fur traders, solders and settlers--the river remained 
a major source of water and food, and served as a 
transportation route, linking the plains to the mountains' gold 
and silver and the surrounding region.
    Interest in creating opportunities for public and private 
stewardship and interpretation of the Poudre River has been 
evolving since the early 1970s. Local and Federal government, 
Colorado State University, and private citizens have been 
involved in these efforts. In a cooperative study by the Forest 
Service and the State of Colorado, the upper 74 miles of the 
Cache La Poudre River were comprehensively analyzed for 
possible inclusion in the Wild and Scenic Rivers System. The 
result was that 76 miles of the river were included in the 
system, 46 miles designated as ``recreational,'' and 30 miles 
designated as ``wild.''
    In 1988 the city of Fort Collins and Larimer County, with 
assistance from the Forest Service, contracted to conduct a 
feasibility study for designation of a segment of the lower 
Cache La Poudre as a National Recreation Area (NRA). The study 
concluded that NRA designation was feasible and presented three 
NRA alternatives with a management concept and a plan 
projecting recreational development, should NRA designation not 
occur. During the study, landowners expressed concern about the 
effects an NRA designation might have on their property 
(possible condemnation, vandalism, etc.).
    The Fort Collins City Council endorsed the finding of the 
NRA study report, and expressed commitment to implementing some 
form of comprehensive river management program, either through 
an NRA designation or a reasonable alternative. It established 
a task force to determine if Federal legislation could be 
developed to address the local concerns regarding water quality 
and land use issues, and whether an appropriate Federal agency 
would be able and willing to cooperate with local interests in 
management the Cache La Poudre as an NRA. The task force 
recommended a National Heritage Corridor designation as an 
alternative to an NRA designation, with the National Park 
Service as the Federal partner.
    In 1990 the city of Fort Collins requested the National 
Park Service to assess to the same corridor studies for NRA 
designation to determine the significance of its resources and 
those in the entire Poudre River Basin. The NPS developed the 
contextual theme, ``The Cache La Poudre River Valley and the 
Development of the Colorado System of Water Allocation and its 
Impact upon Western Water Law.'' Using this context, the NPS 
determined that the basin possesses national significance.

                          Legislative History

    Senator Brown introduced S. 342 on February 7, 1995. The 
Subcommittee on Parks, Historic Preservation and Recreation 
held a hearing on the bill on November 9, 1995.
    S. 1270, legislation to authorize a study of the Cache La 
Poudre basin, was considered during the 103rd Congress. The 
Subcommittee on Public Lands, National Parks and Forests held a 
hearing on S. 1270 on March 23, 1994. No further action was 
taken on the bill.
    At the business meeting on December 6, 1995, the Committee 
on Energy and Natural Resources ordered S. 342, as amended, 
favorably reported.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on December 6, 1995, by a unanimous voice vote 
of a quorum present, recommends that the Senate pass S. 342, if 
amended as described herein.

                          Committee Amendment

    During the consideration of S. 342, the Committee adopted 
an amendment in the nature of a substitute. While acknowledging 
the significance of the Poudre River Basin, S. 342, as amended, 
makes clear that the Cache La Poudre River National Water 
Heritage Area will not be a new unit of the National Park 
System. The amendment reduces the size of the area to be 
included in the Cache La Poudre River National Water Heritage 
Area from over 1.2 million acres to less than 35,000 acres, and 
provides specific map references. The Commission is directed to 
convey any real property or interest in real property acquired 
by donation, exchange, or purchase from a willing seller with 
donated or bequeathed funds to an appropriate non-federal 
public agency.
    The Secretary of the Interior's duties would include 
technical assistance and facilitating--with the concurrence of 
land owners and state and local officials--the acquisition of 
lands within the area on an exchange, donation, or willing 
seller basis to help fulfill the purpose for which the Area is 
created. All lands to be designated for exchange must be 
located within the State of Colorado and establishment of the 
heritage area will not affect any lands or interest in lands 
outside the State of Colorado.
    Management of the heritage area will remain with area 
residents through non-federal public agencies. The heritage 
area designation is intended to assist city, country, and state 
officials and the public in developing and implementing 
policies to preserve and interpret the Poudre River's 
contributions to westward expansion of the Nation and regional 
development of the agriculture industry. The designation is 
intended to foster maintenance of urban open space, 
recreational opportunities, floodplain management, and wildlife 
habitat conservation.
    The amendment is described in detail in the section-by-
section analysis, below.

                      Section-by-Section Analysis

    Section 1 provides a short title for the bill.
    Section 2 states for the purpose of the Act is to 
interpret, for the educational and inspirational benefit of 
present and future generations, the unique and significant 
contributions to our national heritage of cultural and 
historical lands, waterways, and structures within the Cache La 
Poudre River Basin.
    Section 3 defines certain terms used in the Act.
    Section 4 establishes the Cache La Poudre River National 
Water Heritage Area (the ``Area'') in the State of Colorado. 
The section outlines the boundaries of the Area and provides 
map references. This section also directs the Secretary of the 
Interior (the ``Secretary'') to publish a detailed description 
and map as soon as practicable after enactment of this Act.
    Section 5 establishes the Cache La Poudre River National 
Water Heritage Area Commission (the ``Commission''), to be 
comprised of 15 persons, which, along with Federal, State and 
local authorities, will develop and implement an integrated 
plan to interpret elements of the history of water development 
within the Area.
    Section 6 states that Commission will have the power to 
appoint and fix the compensation of such staff to carry out its 
duties. In addition, the Commission may request the services of 
personnel from Federal, State, or local agencies.
    Section 7 outlines the powers of the Commission, including 
authorizing the Commission to hold hearings, receive evidence 
and take testimony necessary to implement this Act. The 
Commission is prohibited from issuing subpoenas or exercising 
subpoena authority. The section further states that the 
Commission may not acquire real property or interest in real 
property in the Area except by gift, purchase from willing 
seller with money given or bequeathed to the Commission, or by 
exchange. The Commission is directed to convey any real 
property or interest in real property to an appropriate non-
federal public agency. The Commission may enter into 
cooperative agreements with other agencies and individuals to 
carry out the plan noted in section 8.
    Section 8 states that the Commission shall prepare, obtain 
approval for, implement, and support the plan explained in 
section 9. This section also directs the Commission to provide 
an annual report concerning its activities to the Governor and 
the Secretary.
    Section 9 directs the Commission to submit to the Governor 
a Water Heritage Area Interpretation Plan based on consultation 
with appropriate Federal, State and local officials, and 
testimony from public hearings. The plan is to be submitted 
within 2 years of enactment of this Act. After review and 
approval, the Governor is to submit the plan to the Secretary 
for approval within 60 days of receipt. The section directs 
that after approval by the Secretary, the Commission will 
implement and support the Plan by assisting Federal agencies, 
State agencies, and political subdivisions of the State, and 
nonprofit organizations in the conservation and interpretation 
of cultural resources within the Area. In providing the 
assistance, however, the Commission may in no way infringe upon 
an agency's authority or policy regarding the management of 
property, water, or water rights held by that agency. 
Additionally, the Commission may not affect the jurisdiction of 
the State of Colorado over any property, water, or water rights 
within the Area.
    Section 10 states that the Commission will terminate 5 
years after the date of approval of the Plan by the Secretary. 
The Commission may be extended for a period up to 5 years from 
the date of termination established if the Commission 
determines that an extension is necessary to carry out the 
provisions of this Act. Upon such determination, the Commission 
must submit a proposed extension to the Governor, the 
appropriate authorizing committees of the United States Senate 
and House of Representatives, and the Secretary of Agriculture. 
The Secretary may approve the extension upon concurrence of the 
Governor.
    Section 11 states that 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. Acquisition may be 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.
    Section 12 authorizes the Secretary or Administrator of a 
Federal agency to 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.
    Section 13 outlines the effect of the Act on environmental 
and other standards, restrictions, and savings provisions. The 
Commission and Secretary are directed to emphasize voluntary 
cooperation in carrying out this Act. 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.
    Nothing in this Act should be considered to authorize or 
imply the reservation or appropriation of water or water rights 
for any purpose.
    Section 14 authorizes an appropriation not to exceed 
$250,000 to the Commission to carry out this Act.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 13, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 342, the Cache La Poudre River National Water 
Heritage Area Act, as ordered reported by the Senate Committee 
on Energy and Natural Resources on December 6, 1995. Assuming 
appropriation of the necessary amounts, we estimate that 
implementation of this bill would cost the federal government 
about $1.7 million over the next five years. Because S. 342 
also may affect direct spending and receipts, pay-as-you-go 
procedures would apply.
    S. 342 would establish a 35,000-acre area in Colorado as 
the Cache La Poudre River National Water Heritage Area. Section 
5 of the bill would create a 15-member commission to develop 
and implement a plan for interpreting the history of water 
development in the designated area. The new commission would be 
authorized to:
          accept and use donations of property or funds;
          acquire real property by donation, exchange or 
        purchase with donated funds for transfer to appropriate 
        nonfederal agencies; and
          enter into cooperative agreements with public or 
        private groups for purposes of carrying out the 
        interpretive plan.
    In carrying out its duties, the commission would be allowed 
to hire and pay employees and accept (on a reimbursable basis) 
personnel of federal agencies and administrative support 
services from the General Services Administration.
    S. 342 would require the commission to submit the 
interpretive plan to the governor of Colorado within two years 
of its first meeting. The governor would review the plan and 
submit it to Secretary of the Interior, who would then have 90 
days to approve or disapprove it. Once a plan has been 
finalized and approved, the commission would implement it, 
primarily by assisting federal, state, and local agencies in 
developing cultural resources, restoring historical structures, 
and enhancing public awareness. The commission would terminate 
five years after the plan has been approved by the Secretary.
    In addition to requiring the Secretary of the Interior to 
approve the commission plan, the bill would provide for limited 
federal participation in developing the heritage area, 
including authority to purchase land (if the commission cannot 
obtain it by donation or exchange) and to provide technical 
assistance in preparing and implementing the plan. Also, the 
bill would direct the Secretary to detail to the commission 
(without reimbursement) two department employees for each 
fiscal year that the commission exists.
    Finally, section 14 of the bill would authorize the 
appropriation of up to $250,000 to the commission for carrying 
out the legislation, provided that appropriated amounts are 
matched by funds or in-kind contributions from nonfederal 
sources.
    Assuming appropriation of the authorized amounts, CBO 
estimates that the commission would spend $250,000 over the 
1996-2000 period, after which the commission would be 
terminated. Most of this amount would be spent during the first 
two or three years on developing the interpretive plan for the 
heritage area. Additional spending by the Department of the 
Interior would be about $200,000 in 1996, and about $300,000 
annually for 1997 through 2000, assuming appropriation of the 
necessary sums. Most of these amounts would cover the costs of 
providing technical assistance and employees to the commission. 
Although the bill would authorize the department to purchase 
land with appropriated funds, we expect that federal 
acquisition of lands within the heritage area, if any, would be 
minimal.
    The commission might receive contributions under the 
provisions of section 7, which would authorize the acceptance 
and use of donations, but such receipts would probably be small 
and would be offset by additional spending. Therefore, CBO 
estimates that no significant direct spending or receipts would 
result from enactment of this legislation.
    S. 342 would require no additional expenditures on the part 
of state or local governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis, and for state and local impacts, Marjorie Miller.
            Sincerely,
                                         June E. O'Neill, Director.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 342. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 342, as ordered reported.

                        Executive Communications

    The Committee on Energy and Natural Resources has requested 
legislative reports from the Department of the Interior, 
Department of Agriculture and the Office of Management and 
Budget setting forth Executive Agency recommendations on S. 
342, as amended. These reports had not been received at the 
time the report on S. 342 was filed. When these reports become 
available, the Chairman will request that they be printed in 
the Congressional Record for the Advice of the Senate. The 
testimony provided by the Department of the Interior and the 
Department of Agriculture follow:

   Testimony of Denis P. Galvin, Associate Director for Professional 
      Services, National Park Service, Department of the Interior

    Mr. Chairman, it is a pleasure to be here today to discuss 
several bills that will benefit Rocky Mountain National Park 
and Walnut Canyon National Monument. I also am pleased to be 
here to testify on a bill that would create the New Bedford 
Whaling National Historic Park in New Bedford, Massachusetts.
    The Administration supports S. 364, S. 509, S. 231, H.R. 
562, and S. 608. Although we believe that S. 342 may have 
merit, we prefer this legislation be deferred until further 
study has been completed.
    I will address each bill separately beginning with the 
three bills affecting Rocky Mountain National Park.
          * * * * *


 s. 342, cache la poudre river national water heritage area in colorado


    S. 342 would establish the Cache La Poudre National Water 
Heritage Area in the State of Colorado. A great deal of work 
already has been completed by various local communities toward 
establishing the Cache La Poudre National Water Heritage Area, 
resulting in valuable information that can serve as a 
foundation to address the criteria proposed in the generic 
national heritage area system legislation pending in the House 
and in the Senate. Until this proposal meets those criteria, 
however, we recommend that the Committee defer final action on 
this proposal.
    Earlier in this Congress the National Park Service 
testified on H.R. 1280 and H.R. 1301, proposals to establish a 
national heritage area system. A hearing on a similar Senate 
bill, S. 1110, is scheduled for early November. These three 
bills are similar in their approach for determining whether an 
area is eligible for heritage area designation. All these bills 
would require that an entity requesting National Heritage Area 
designation for an area undertake a feasibility study to 
determine the significance of the area, the integrity of the 
resources, the public support for the heritage area, the 
proposed boundary, and the possible management entity for the 
area. Once the feasibility study has been completed, the entity 
would prepare a draft compact and submit both the feasibility 
study and compact to the Secretary for approval. A compact 
would detail the boundaries of the heritage area, the goals and 
objectives of the heritage area, an identification of the 
heritage area's management entity, the initial partners to be 
involved, and a description of the role of the state or states 
in the heritage area. If the Secretary approves the feasibility 
study and the compact, the Secretary would submit to the 
Congress the study and compact together with any 
recommendations. After an area is designated by an Act of 
Congress, the management entities would be required to develop 
an implementation plan to carry out the goals and objectives 
outlined in the compact. The management entity would also be 
responsible for implementing the plan.
    It is with this process in mind that we have reviewed S. 
342. We believe that the uniformity of a national program 
regarding designation and implementation should be brought into 
play as we set out to create heritage areas across the country. 
In particular, we believe that the very nature of heritage 
areas require a local initiative and responsibility for 
determining the appropriate management entity. Consequently, we 
recommend that S. 342 be amended to remove the establishment of 
a federally chartered commission that serves as a management 
entity. We should also note that this commission could raise 
Appointments Clause problems.
    The NPS believes the instant designation of the Cache La 
Poudre National Water Heritage Area is premature. Only limited 
resource assessments of the area have been completed and no 
feasibility studies have been prepared. The bill increases the 
numbers, responsibilities, and commitments of federal staff at 
a time when we are trying to reduce the overall numbers of 
federal employees.
    Interest in creating opportunities for public and private 
stewardship and interpretation of the Cache La Poudre River has 
been evolving since the 1970's. The federal government, various 
local governments, Colorado State University, and private 
citizens have been involved in these efforts. Several 
evaluations and local community efforts have examined creative 
ways to protect and enhance important natural and cultural 
resources associated with the river and western water law 
development in this northeastern section of the state. We 
recognize and applaud the long-standing local support and 
commitment of everyone in the Cache La Poudre River Basin for 
their work toward establishing a national heritage area.
    This is the third Congress to consider legislation to 
establish a Cache La Poudre Heritage Area--an indication of 
ongoing support. Because interest is strong and earlier 
evaluations of resources demonstrate that the idea has value, 
we believe refinement of this work using a set of national 
criteria and guidelines has merit. We recommend that the 
National Park Service participate in this process with the 
local communities and that compact negotiations be completed 
before Congress takes further action on designating this 
heritage area.
                                ------                                


  Statement of Mark Reimers, Deputy Chief, Programs and Legislation, 
             Forest Service, U.S. Department of Agriculture

    Mr. Chairman and Members of the subcommittee: Thank you for 
the opportunity to provide the Subcommittee with the views of 
the Department of Agriculture regarding three of the bills 
being considered today.


 s. 231 and h.r. 562, modify the boundaries of walnut canyon national 
                                monument


    S. 231 and H.R. 562 are similar to legislation passed by 
the House in the 103rd Congress and we would not object to 
enactment of these bills if amended with a technical amendment 
as suggested herein to the Senate bill.
    S. 231 and H.R. 562 would provide for the expansion of 
Walnut Canyon National Monument. Walnut Canyon is approximately 
5 miles east of Flagstaff, Arizona, and is surrounded by 
National Forest System lands administered by the Peaks Ranger 
District, Coconino National Forest. The canyon is approximately 
15 miles long, from Lake Mary to Interstate 40. About 20 
percent of the canyon, or approximately 2,300 acres, is 
designated as the Walnut Canyon National Monument and 
administered by the National Park Service, Department of the 
Interior.
    S. 231 and H.R. 562 would add approximately 1,239 acres of 
National Forest System lands to the Walnut Canyon National 
Monument. These lands include the area surrounding an 
archeological site known as ``Fifth Fort'' located west of the 
present monument. This area is a deep section of the canyon 
with steep slopes; covered with mixed conifers, shrubs and 
willows in the canyon bottom; and ponderosa pine along the rim. 
Very little human activity has occurred along the sides or 
bottom of this section. A variety of plant species and wildlife 
occur here, including sensitive plant and bird species.
    The proposed addition also includes an area east of the 
existing monument, surrounding the archeological site known as 
``First Fort.'' This area is a shallow and wider section of the 
canyon with mixed conifers on the slopes, and pinyon and 
juniper trees and grass openings on the rim.
    Forest Service management activities in the areas proposed 
for addition to the monument have been aimed at providing a 
semi-primitive recreational experience; providing environmental 
education; protecting nearby residences from wildfire through 
prevention and suppression activities; and maintaining and 
enhancing self-sustaining populations of game and non-game 
wildlife species, including threatened and endangered species. 
These management activities recognize the unique scenic and 
recreational values of the area.
    We are currently working on local partnerships with Federal 
and State agencies and the community of Flagstaff to manage the 
entire Walnut Canyon area for the long-term sustainability of 
the canyon ecosystem and the protection of its cultural 
resources. The expansion proposed under S. 231 and H.R. 562, 
along with our efforts on adjacent lands, will maintain Walnut 
Canyon's values over the long run.
    There are portions of four grazing allotments affected by 
the expansion proposal. The effect of the reduced acreage on 
these allotments is negligible. The grazing capacity on the 
allotments will be examined in a future study which will 
address any need for adjustments.
    Two parcels are proposed for deletion from the monument and 
transfer to the Forest Service to simplify administration. 
These include a 1-mile sliver of land along Forest Road 303, 
which was included in the monument by an earlier survey error; 
and a 40-acre area set aside for a borrow pit under Public Land 
Order 1269 which was never used for that purpose and is not 
contiguous to the monument.
    In order to allow for technical corrections to the map 
referenced in section 3, we suggest the addition of the 
following language at the end of the section in S. 231:

          The Secretary of the Interior, in consultation with 
        the Secretary of Agriculture, may correct clerical and 
        typographical errors in such map.


  s. 342, establish the cache la poudre river national water heritage 
                     area in the state of colorado


    S. 342 would create a heritage area on approximately 1.1 
million acres of land within the Cache La Poudre Watershed. 
Approximately 35 percent of that acreage is composed of lands 
managed by the Arapho-Roosevelt National Forest of the USDA 
Forest Service.
    The proposed legislation has no direct effect on the 
management of the National Forest System but simply provides a 
new format for continued public and governmental coordination 
within the Heritage Area. We recognize the long-standing local 
support and commitment of local governments, Colorado State 
University, and the private citizens in the Cache La Poudre 
River Basin for their work toward establishing a national 
heritage area.
    We defer to the Department of the Interior with regards to 
the technical review of the proposed legislation and the 
relationship of this legislation to the legislation to 
establish a Heritage Areas Partnership Program.


                               conclusion


    In conclusion, Mr. Chairman, we do not object to enactment 
of the S. 231 and H.R. 562. We defer to the Department of 
Interior on S. 342. I will be pleased to answer the 
Subcommittee's questions concerning the bills.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act, S. 342, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                Public Law 81-152 (40 U.S.C. 484(k)(3))

    AN ACT To simplify the procurement, utilization and disposal of 
Government property, to reorganize certain agencies of the Government, 
                         and for other purposes

          * * * * * * *
    (k) Disposals by Secretary of Education, Secretary of 
Health and Human Services, Secretary of the Interior, and 
Secretary of Defense
          * * * * * * *
          (3) Without monetary consideration to the United 
        States, the Administrator may convey to any State, 
        political subdivision, instrumentalities thereof, or 
        municipality, all of the right, title, and interest of 
        the United States in and to any surplus real and 
        related personal property which the Secretary of the 
        Interior has determined is suitable and desirable for 
        use as a [historic monument, for the benefit of the 
        public] 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. No property shall be determined to be suitable 
        or desirable for use as a historic monument except in 
        conformity with the recommendation of the Advisory 
        Board on National Parks, Historic Sites, Buildings and 
        Monuments established by section 463 of title 16, and 
        only so much of any property shall be so determined to 
        be suitable or desirable for which such use as is 
        necessary for the preservation and proper observation 
        of its historic features.
          * * * * * * *