[Senate Report 110-285]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 637
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-285

======================================================================



 
              CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 128]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 128) to amend the Cache La Poudre River 
Corridor Act to designate a new management entity, make certain 
technical and conforming amendments, enhance private property 
protections, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and an 
amendment to the title and recommends that the bill, as 
amended, do pass.
    The amendments are 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 
Heritage Area Act of 2008''.

SEC. 2. DEFINITIONS.

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

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

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

SEC. 4. ADMINISTRATION.

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

SEC. 5. MANAGEMENT PLAN.

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

SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

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

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

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

SEC. 8. EVALUATION; REPORT.

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

SEC. 9. FUNDING.

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

SEC. 10. TERMINATION OF AUTHORITY.

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

SEC. 11. CONFORMING AMENDMENT.

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


    2. Amend the title so as to read: ``To establish the Cache 
La Poudre River National Heritage Area, and for other 
purposes.''.

                                Purpose

    The purpose of S. 128, as ordered reported, is to establish 
the Cache La Poudre River National Heritage Area in the State 
of Colorado.

                          Background and Need

    The Cache La Poudre River Corridor was designated by 
Congress in 1996 to interpret the cultural and historical 
lands, waterways, and structures within the corridor. The 
corridor was the first national heritage area established west 
of the Mississippi River. The heritage area extends for 45 
miles and includes the lands within the 100-year flood plain of 
the Cache la Poudre River. It begins in Larimer County at the 
eastern edge of the Roosevelt National Forest and ends east of 
Greeley, near the confluence with the South Platte.
    Unlike most national heritage areas, the enabling 
legislation for the Cache La Poudre River Corridor directed the 
Secretary of the Interior to appoint a commission to develop 
and implement a management plan for the corridor. Because of 
constitutional concerns raised by the Department of Justice on 
how members of the commission would be appointed, the 
commission was never put in place.
    S. 128 repeals the 1996 legislation and establishes a new 
Cache La Poudre River National Heritage Area in lieu of the 
present heritage corridor.

                          Legislative History

    S. 128 was introduced by Senators Allard and Salazar on 
January 4, 2007. The Subcommittee on National Parks held a 
hearing on the bill on September 27, 2007. (S. Hrg. 110-266.) 
At its business meeting on January 30, 2008, the Committee on 
Energy and Natural Resources ordered S. 128 favorably reported, 
with an amendment in the nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 128, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 128, the Committee adopted 
an amendment in the nature of a substitute. As introduced, S. 
128, made numerous amendments to Public Law 104-323, the 
legislation establishing the Cache La Poudre River Corridor. 
The substitute amendment repeals that law, and instead 
authorizes the Cache La Poudre River National Heritage Area. 
The amendment designates a Colorado non-profit organization, 
the Poudre Heritage Alliance, as the local coordinating entity 
for the heritage area and establishes management authorities 
for the new heritage area consistent with recent national 
heritage areas approved by the Committee. The amendment is 
explained in detail in the section-by-section analysis, below.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Cache La Poudre 
River National Heritage Area Act of 2008''.
    Section 2 defines key terms used in the Act.
    Section 3(a) establishes the Cache La Poudre River National 
Heritage Area in the State of Colorado.
    Subsection (b) provides that the heritage area shall 
consist of the area depicted on the referenced map.
    Subsection (c) states that a map of the heritage area shall 
be available on file in appropriate offices of the National 
Park Service and the local coordinating entity.
    Subsection (d) designates the Poudre Heritage Alliance as 
the management entity for the heritage area.
    Section 4 details how the heritage area will be 
administered.
    Subsection (a) lists the authorities of the local 
coordinating entity. The subsection authorizes the local 
coordinating entity to make grants and enter into cooperative 
agreements, hire staff, obtain funds or services from any 
source, contract for goods or services, and serve as a catalyst 
for any activity that furthers the purposes and goals of the 
heritage area and is consistent with the approved management 
plan.
    Subsection (b) describes the duties of the local 
coordinating entity.
    Subsection (c) prohibits the local coordinating entity from 
using Federal funds made available under this Act to acquire 
real property or an interest in real property.
    Section 5(a) requires the local coordinating entity to 
prepare and submit for review a management plan to the 
Secretary no later than three years after the date on which the 
funds are made available to carry out this Act.
    Subsection (b) lists the requirements for the contents of 
the management plan.
    Subsection (c) states that if the management plan is not 
submitted within the three-year period, Federal funding is 
suspended until the plan is submitted to the Secretary.
     Subsection (d) requires the Secretary to approve or 
disapprove the management plan within six months after 
receiving the plan and lists the criteria the Secretary is to 
consider in determining whether to approve or disapprove the 
plan.
     Section 6 describes the relationship of other Federal 
agencies to the heritage area.
     Subsection (a) clarifies that nothing in this Act affects 
the authority of a Federal agency to provide technical or 
financial assistance under any other law.
     Subsection (b) encourages the head of a Federal agency 
planning to conduct activities that may have an impact on the 
heritage area to consult and coordinate the activities with the 
Secretary and the local coordinating entity to the maximum 
extent practicable.
     Subsection (c) clarifies that nothing in this Act modifies 
authorities of Federal agencies to manage Federal land, limits 
the discretion of a Federal agency to implement an approved 
land use plan, or modifies or alters any authorized use of 
Federal land.
     Section 7 contains several savings provisions to clarify 
that the designation of the national heritage area will not 
affect private property rights, affect governmental land use 
regulation, reserve or appropriate water rights, diminish the 
authority of the State to manage fish and wildlife, or create 
any liability for property owners within the heritage area.
     Section 8(a) requires the Secretary to conduct an 
evaluation of the accomplishments of the national heritage area 
not later than three years before the date Federal funding 
authority terminates.
     Subsection (b) provides that the evaluation shall assess 
the progress of the management entity with respect to 
accomplishing the purposes of this Act for the heritage area 
and whether the management entity achieved the goals and 
objectives of the approved management plan for the heritage 
area. The evaluation is also required to analyze governmental 
investments in the heritage area to determine the leverage and 
impact of the investments.
     Subsection (c) requires the Secretary to prepare a report, 
based on the evaluation that includes recommendations for the 
future role of the National Park Service, if any, for the 
heritage area. If the report recommends that Federal funding 
for the area be reauthorized, it is required to include an 
analysis of ways Federal funding may be reduced or eliminated. 
The report is to be submitted to the House and Senate 
authorizing committees.
     Section 9(a) authorizes total appropriations of $10 
million, with not more than $1 million authorized to be 
appropriated for any fiscal year.
     Subsection (b) requires Federal funding to be matched on a 
50:50 basis with funds from non-Federal sources.
     Section 10 provides that the authority of the Secretary to 
provide assistance under this Act terminates 15 years after the 
date of enactment.
     Section 11 repeals Public Law 104-323, the 1996 law 
establishing the Cache La Poudre River Corridor.

                   Cost and Budgetary Considerations

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

S. 128--Cache La Poudre River National Heritage Area Act of 2008

    Summary: S. 128 would rename the Cache La Poudre River 
Corridor in Colorado as the Cache La Poudre National Heritage 
Area (NHA). The bill also would designate the Poudre Heritage 
Alliance, a local nonprofit organization, as the new management 
entity for the NHA and would authorize additional funding for 
the alliance or other eligible entities.
    CBO estimates that implementing S. 128 would cost $5 
million over the 2009-2013 period and an additional $5 million 
after 2013. Enacting S. 128 would have no effect on direct 
spending or revenues.
    S. 128 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 128 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2009      2010      2011      2012      2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level.................................         1         1         1         1         1
Estimated Outlays.............................................         1         1         I         1         1
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: S. 128 would authorize the appropriation 
of $10 million, not to exceed $1 million annually, for 
financial assistance to the Poudre Heritage Alliance or other 
eligible entities over the next 15 years. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing S. 128 would cost $5 million over the 2009-2013 
period and $5 million over the following five to 10 years. Such 
amounts would be used to cover a portion of the costs of 
planning, establishing, operating, and interpreting the 
heritage area.
    Intergovernmental and private-sector impact: S. 128 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Deborah Reis; Impact 
on state, local, and tribal governments: Melissa Merrell; 
Impact on the private sector: MarDestinee Perez.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      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. 128. 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. 128, as ordered reported.

                   Congressionally Directed Spending

    In accordance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:

------------------------------------------------------------------------
    Section                     Provision                     Member
------------------------------------------------------------------------
9(a)             Authorization of appropriations          Allard
------------------------------------------------------------------------

                        Executive Communications

    The testimony provided by the National Park Service at the 
September 27, 2007 subcommittee hearing on S. 128 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to appear before you today to present the 
Department of the Interior's views on S. 128, a bill to amend 
the Cache la Poudre River Corridor Act to designate a new 
management entity, make certain technical and conforming 
amendments, enhance private property protections, and for other 
purposes.
    The Department has no objection to S. 128 if amended as 
described in this testimony to make the bill similar to other 
recent national heritage area bills. The Administration usually 
does not support extending the time period for financial 
assistance to national heritage areas, but is willing to accept 
an extension in this case, given the statutory problems in 
establishing a management entity.
    The Cache la Poudre River Corridor was established on 
October 19, 1996 by P.L. 104-323. The National Park Service 
(NPS), working with former Senator Hank Brown and members of 
the community, completed a resource study that focused on the 
area's history of water and water rights. Water rights continue 
to be an important issue in the west, and the Cache la Poudre 
River Corridor provides a unique opportunity to tell the story 
of the natural history of 19th century settlement, irrigation, 
and establishment of water rights in an arid environment.
    S. 128 would correct a number of technical errors, provide 
a more accurate definition of the national heritage area's 
boundary, change the management of the heritage area to a 
private not-for-profit organization from a federal commission, 
include the proper spelling of the Cache la Poudre River, and 
change the name of the area to more accurately reflect the 
purpose for which the area was established.
    Congress established the Cache la Poudre River heritage 
area in 1996, however, it has never been fully operational due 
to concerns from the Department of Justice over language used 
in the law to appoint members to the operating commission that 
potentially conflict with the appointments clause of the 
Constitution. The NPS and members of the Colorado delegation 
have been working for several years to reach an agreement on 
legislative language that meets the concerns laid out by the 
Department of Justice, preserves the regional administration of 
the area, and protects private property rights. S. 128 meets 
these goals.
    The most significant change in S. 128 is the management 
entity. It replaces a federally appointed advisory commission 
with a local 501(c)(3) organization, the Poudre Heritage 
Alliance. Established in 2002, this group has continued to lead 
the program, meeting regularly with the public, conducting 
research and developing the elements of the required management 
plan. The Alliance represents a broad spectrum of the area's 
residents, organizations, and agencies that were involved in 
the planning for the National Heritage Area.
    The NPS exercises limited oversight of national heritage 
areas. The current management of those areas is the 
responsibility of qualified management entities, with NPS 
providing financial and technical assistance to help with 
visitor education and planning if needed. Cache la Poudre, 
however, has received limited financial assistance, because of 
the problems in establishing a qualified management entity. NPS 
has provided some planning and research assistance over the 
past 10 years.
    S. 128 would extend the authority to receive financial 
assistance until 10 years after enactment of this bill. In most 
cases, that would raise concerns about postponing the time when 
the heritage area becomes self-sufficient. In this case, 
however, the previous delays in designating a qualified 
management entity have significantly limited both the progress 
in establishing the heritage area and the financial assistance 
provided. Over 10 years, NPS has provided approximately 
$340,000 in financial assistance to the Cache la Poudre River 
heritage area, which is less than one-tenth of what was 
provided to other heritage areas established at the same time.
    The bill also authorizes the development of a management 
plan within three years of enactment and authorizes the use of 
federal funds to develop and implement that plan. If the plan 
is not submitted within three years of enactment of this Act, 
the Heritage Area becomes ineligible for federal funding until 
a plan is submitted to the Secretary. Additionally, the 
Secretary may, at the request of the management entity, provide 
technical assistance and enter into cooperative agreements with 
other public and private entities.
    S. 128 contains safeguards to protect private property, 
including a prohibition on the use of federal funds to acquire 
property. The bill proposes no new restrictions with regard to 
private property rights and does not convey any water right or 
water restrictions to the federal government.
    S. 128 would also correct a number of errors in the 
original legislation. The first correction would be the proper 
spelling of the river, with a lower case ``l'' for Cache la 
Poudre. It replaces the original name of the heritage area from 
Cache La Poudre River Corridor to Cache la Poudre River 
National Heritage Area. It also replaces a listing of flood 
plain map references with a map developed specifically for the 
area.
    It appears that the amendments that the bill suggests to 
P.L. 104-323 result in contradictory language regarding land 
acquisition within the heritage area. We would like to work 
with the Subcommittee to clarify this language and make it 
similar to other heritage areas.
    We also suggest including an additional requirement for an 
evaluation to be conducted by the Secretary, three years prior 
to the cessation of federal funding under this act. The 
evaluation would examine the accomplishments of the heritage 
area in meeting the goals of the management plan, analyze the 
leveraging and impact of investments to the heritage area, 
identify the critical components of the management structure 
and sustainability of the heritage area, and recommend what 
future role, if any, the NPS should have with respect to the 
heritage area.
    Lastly, legislative language regarding National Heritage 
Areas has evolved since 1996 when the Cache la Poudre Heritage 
Corridor was enacted. We recommend amending the bill further to 
make the amended act similar to other, more recent heritage 
area legislation. We would be happy to work with the 
Subcommittee to develop these amendments.
    Mr. Chairman that concludes my prepared remarks. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                         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 bill S. 128 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 104-323--Oct. 19, 1996


         AN ACT To establish the Cache La Poudre River Corridor

     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 River 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 County, the city of Greeley, and Weld County.

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

      [(a) 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 
section 108, the Cache La Poudre Corridor Commission, as such 
Commission may be established by the State of Colorado or its 
political subdivisions.
      [(b) Reflection of Cross-section of Interests.--The 
Secretary may provide recognition under subsection (a) only if 
the Commission reflects the following:
          [(1) Membership.--
                  [(A) 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--
                                  [(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;
                          [(iv) 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
                          [(v) 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 
                                Corridor.
                  [1(B) Chairperson.--The chairperson of the 
                Commission shall be elected by the members of 
                the Commission from among members appointed 
                under clause (iii), (iv), or (v) of 
                subparagraph (A). The chairperson shall be 
                elected for a 2-year term.
                  [(C) Vacancies.--A vacancy on the Commission 
                shall be filled in the same manner in which the 
                original appointment was made.
          [(2) Terms of service.--
                  [(A) In general.--Except as provided in 
                subparagraphs (B) and (C), each member of the 
                Commission shall be appointed for a term of 3 
                years and may be reappointed.
                  [(B) Initial members.--The initial members of 
                the Commission first appointed under paragraph 
                (1)(A) shall be appointed as follows:
                          [(i) 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.
                          [(ii) 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.
                          [(iii) 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.
                  [(C) 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.
          [(3) Compensation.--Members of the Commission shall 
        receive no compensation for their service on the 
        Commission.
          [(4) 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 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.--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 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 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.
    [(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 paragraph (4).

[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.--
          [(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 
        Corridor not been established.
          [(3) Environmental quality standards.--Nothing in 
        this Act shall be considered to impose the application 
        or administration of any Federal or State environmental 
        quality standard that is different from those that will 
        be applicable had the Corridor 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 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 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 
        (including an owner of private property) 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 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 Act 
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.]

                                  
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