[DOCID: f:sr285.110]
From the Senate Reports Online via GPO Access
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Calendar No. 637
110th Congress Report
SENATE
2d Session 110-285
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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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