HomeMy WebLinkAbout20043058.tiff RESOLUTION
RE: EXPRESSION OF CONDITIONAL SUPPORT FOR CACHE LA POUDRE RIVER
NATIONAL HERITAGE AREA TECHNICAL AMENDMENTS ACT OF 2004
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Cache la Poudre River National Heritage Area Technical Amendments
Act of 2004 ("Act of 2004") is being proposed for enactment by the Senate and House of
Representatives of the United States of America in Congress assembled, and
WHEREAS, the Board of County Commissioners has been asked to express its support
for the Act of 2004, and
WHEREAS, the Board previously supported the creation of the Cache la Poudre River
Corridor ("the Corridor") through Public Law 104-323, with the understanding that the owners of
properties located within the defined areas of the Corridor would only be affected by the creation
and administration of the Corridor if they voluntarily chose to do so, and
WHEREAS, the Act of 2004 provides for the creation of the Cache la Poudre National
Heritage Area Management Plan ("Management Plan"), to be prepared, implemented and
supported by the Poudre Heritage Alliance, if such Management Plan is approved by the U.S.
Secretary of the Interior, and
WHEREAS, the Board is concerned that the Act of 2004 does not contain the private
property and regulatory protections which are set forth in Section 8 of S. 2543, passed by the
U.S. Senate on September 16, 2004, and introduced in the U.S. House of Representatives on
September 17, 2004, and are detailed below, and
WHEREAS, the Board believes that such private property and regulatory protections
should be required by the Act of 2004 to be stated in the Management Plan, and
WHEREAS, the Board desires to express it support for the Act of 2004, but to make its
support conditional upon the Act of 2004 being modified to require that the private property and
regulatory protections found in Section 8 of S. 2543 and detailed below be stated in the
Management Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Board hereby expresses its support for the Cache la Poudre
River National Heritage Area Technical Amendments Act of 2004, but makes its support
conditional upon such Act being modified to require that the following private property and
regulatory protections be stated in the Management Plan:
2004-3058
BC0034
RE: EXPRESSION OF CONDITIONAL SUPPORT FOR CACHE LA POUDRE RIVER
NATIONAL HERITAGE AREA TECHNICAL AMENDMENTS ACT OF 2004
PAGE 2
Nothing in this Management Plan:
(1) abridges the rights of any property owner (whether public or private), including the
right to refrain from participating in any plan, project program, or activity within the
Cache la Poudre River National Heritage Area;
(2) requires any property owner to permit public access (including access by
Federal, State, or local agencies) to the property of the property owner, or to
modify public access or use of the 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, or conveys any land
use or other regulatory authority to any local coordinating entity;
(4) authorizes or implies the reservation or appropriation of water or water rights;
(5) diminishes the authority of the State to manage fish and wildlife, including the
regulation of fishing and hunting within the Cache la Poudre River National
Heritage Area; or
(6) creates any liability, or affects any liability under any other law, of any private
property owner with respect to any person injured on the private property.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of October, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W COU TY, COLORADO
1
r4 ""`Samit Robert D. Masden, Chair
Clerk to the Board
•
Iasi c William erke, Pro-Tem
\ - u ? lerk to the Board A�
14juNI M. J. eile
A• • AS TO • EXCUSED
David E. Long
n y Atto
EXCUSED
Glenn Vaad
Date of signature: 0 ,� 7
2004-3058
BC0034
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