HomeMy WebLinkAbout970335.tiff United States Forest Rocky P.O. Box 25127
Department of Service Mountain Lakewood, CO 80225-0127
Agriculture ,egifft�l\' ' Delivery: 740 Simms St.
') Y Golden, CO 80401
TTY: (303) 275-5367
7> 54- /
File Code: 5510 Date: JAN 9 1997
Route To:
Subject: Cache La Poudre River Corridor Act
To: M.M.Underwood, Forest Supervisor, Arapaho & Roosevelt NF' s
We have enclosed a copy of the subject Act, its legislative history, and a
December 18, 1996 letter from the Chief. The Act establishes a Cache La Poudre
Corridor Commission with one member being from the Forest Service. The Chief' s
letter delegates authority to appoint the Forest Service representative to the
Commission to me.
Accordingly, you are hereby designated as the Forest Service representative to
the Cache La Poudre Corridor Commission.
ELIZ ETH ESTILL
Regional Forester
Enclosures
cc: WO Lands
Mayor, City of Ft. Collins
Larimer County Commissioners
Mayor, City of Greeley
Weld County Commissioners
Colorado Department of Natural Resources
Superintendent, Rocky Mountain National Park
p�\\°°‘ /
V Caring for the Land and Serving People
�' 970335
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S. 342,. THE CACHE LA POUDRE RIP= CORRIDOR ACT
FACT 'SHSET
* Establishes the Cache La Poudre River Corridor in Colorado and
the Cache La Poudre Corridor Commissions.
* The commission shall be appointed- by the Secretary of Interior
no later than six months after the enactment of the Act and
shall be comprised of 15 persons representing the following:
(1) Secretary of Interior (1) U.S. Forest-Service
(1) Colorado State University (1) State of Colorado
(1) City of Greeley . (1) City of 'Fort Collins
(1) Northern CO Water Cons. Dist. (1) City of Loveland
(2) Larimer. County (2) Weld County
(one must be agriculture or (one must. be agriculture"
irrigated water interest) 7. or irrigated water interest)
(3) General Public representatives recommended by Governor
* The commission will advise the• Federal Government on the
management of Federal land inside the flood plain Corridor.
* The commission is designed to serve as a vehicle for
encouraging cooperation between the County Commissioners of
Larimer and Weld Counties and the various towns and cities
along the Cache La Poudre River.
* The commission will be empowered to hold hearings, receive
evidence and take testimony necessary to implement this
legislation. However, it will not be authorized' to either issue
subpoenas or exercise subpoena authority. '
* Directs the commission to:
(1) coordinate with Federal, State, and local. authorities in
the development of an integrated plan to interpret and manage
elements of the history of water development theme; and
(2) submit a Corridor Interpretation and Management Plan to
the Secretary of the Interior and the Governor of Colorado.
•
* The commission will assist in identifying and iiplementing land
exchanges within the State of Colorado by federal and state
agencies that will expand open space and recreational
. opportunities within the flood plain.
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* Establishment of the Corridor does not authorize or imply the
reservation or appropriation of water or water rights for any
purpose.
* Directs the Commission and the Secretary, in carrying out this
Act, to emphasize voluntary cooperation. tt does not give them
the authority to require the participation of private persons.
* Authorizes up to $50,000 for each of the first five fiscal
years after date of enactment of the Act.
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CACHE LA POUDRE CORRIDOR ACT
QUESTIONS AND ANSWERS
1. What exactly does the Act do?
The Act authorizes the exchange of Federal ground so the flood
plain of the Cache La Poudre River may be acquired from
willing sellers. The designation of the Cache La Poudre
Corridor provides for national recognition of the historical
significance of the river while leaving management of the area
in the hands of local officials.
2. What priority do exchanges for land in the Corridor have?
Exchanges for land in the Corridor have the :mama priority as
historic monuments with respect to surplus real property.
This is the highest priority possible.
3. What are the boundaries of the Corridor? •
•
The boundary of the Corridor includes those lands within the
100-year flood plain of the Cache La Poudre River, beginning
at a point where the Cache La Poudre River flows out of the
Roosevelt National Forest and continues east along said flood
plain to a point one quarter of a mile west of the confluence
of the Cache La Poudre and the South Platte Rivers, comprising
less than 35,000 acres.
4. Who will manage the Corridor?
The Act creates a 15 member commission to advise the Federal
Government on the management of Federal ground held within the
Corridor. It does not restrict State, County or local
authority in any way.
5. Where will funding for the comeission came from?
The legislation authorizes up to $50,000 per year for each of
the first five fiscal years following the date of enactment
provided matching funds or in-kind contributions of services
or :material are available from non-Federal sources.
6. How is land for the Corridor acquired?
LAND 1®Y NOT BE ACQUIRED BY COND$!0BATION.:: Land may be
acquired by the commission for the purposes of.the Act through
donation, .exchange or purchase from a willing seller with
money which is given to the commission on the condition that
the-money be used to purchase property within, the Corridor.
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•
•
7. Does the Act restrict or prohibit specific activities within the
Corridor?
No. The Act contains a section (Sec. 112) which specifically
states that "Nothing in this Act shall be.coasidered to impose
or farm 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.' All
decisions involving the use of the Corridor. shall be made by
the commission with substantial input from the general public.
8. How does this designation affect a landowner's ability to make
changes to his or her property?
The provisions of the Act will in no way affect a landowner's
ability to -make• changes to his or her property.
9. How might several local initiatives already underway be used to
facilitate or assist in the work of the commission? _
The passage of this legislation has come as a result of these
local initiatives. My hope .is that those who initiated these
local efforts will serve on and be helpful to the commission
in accomplishing the goal established by the enactment of the
Act.
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•
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•
•
•
104th CONGRESS
2d Session
S. 342
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. ..
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(6) ito^-nrary. -The term "Secretary" means the Secretary of the .
Interior.
SEC. 103 . EST BLISPMENT OF TEE CACHE LA POUDRE CORRIDOR.
(&) Establishment. --There is established in the State of Colorado the
Cache La Poudre Corridor.
(b) Boundaries. --The boundaries of the Corridor shall include the lands
within the 100-year flood plain of the: Cache La Poudre River Basin, beginning
at a point where the Cache La Poudre River flows out of the Roosevelt
National Forest and continuing east along the floodplain to a point 1/4 mile
west of the confluence of the Cache La Poudre River and the South Platte
Rivers in Weld County, Colorado, comprising less than 35, 000 acres, and
generally depicted as the 100-year flood boundary on the Federal Flood
Insurance maps listed below;
(1) Flood insurance rate map, larimer county, Colorado. --Community-
Panel No. 080101 0146B, April 2, 1979. United States Department o£
Housing and Urban Development, Federal Insurance Administration.
(2) Flood insurance rate map, larimer county, Colorado. --Community-
Panel No. 080101 0147E, April 2, 1979. United States Department o_f.
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, Iarimer county, Colorado. --Community-
Panel No. 080102 00028, 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 11, 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
•
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Agency, Fe,4er�1 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 ofthis Act, the Secretarl
shall publish in the Federal Register. a detailed description and map of the
boundaries of the Corridor.
(c) Public Access to Maps.--The maps shall be on file and available for
public inspection in--
(1) the offices of the Department of the Interior in Washington,
District of Columbia, and Denver, Colorado; and
(2) local offices of the city of Fort Collins,. Larimer Country, the
city of Greeley, and Weld County.
SEC. 104. ESTABLISHMENT OF THE CACHE- LA POUDRE CORRIDOR COMMISSION.
(a) Cache La Poudre Corridor Commission.--
(1) In general.--Upon the recommendation of the Governor, the
Secretary is authorized to recognize, for the purpose of developing and
implementing the plan referred toxin subsection (g) (1) , the Cache La
Poudre Corridor Commission, as such Commission may be established by the.
State of Colorado or its political subdivisions:
(2) Reflection of cross-section of interests:--The Secretary may
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provide recognition under paragraph (1) only if the Commission reflects
the following:
(A) Membership. --
(i) Composition. --The Commission shall be composed of 15
members appointed not later than 6 months after the date of
enactment of this Act. Of these 15 members--
(I) 1 member shall be a representative of the Secretary
of the Interior which member shall be 'an ex officio member;
(II) 1 member shall be a representative of the Forest
Service, appointed by the Secretary of Agriculture, which
member shall be an exofficio member;
(III) 3 members shall be recommended by the Governor and
appointed by the Secretary, of whom- •
-
(aa) 1 member shall represent the State;
(bb) 1 member 'shall represent Colorado State
University in Fort Collins; and
• (cc) 1 member shall represent the Northern Colorado
Water Conservancy District;
(IV) 6 members shall be representatives of local
governments who are recommended by the. Governor and appointed
by the Secretary, of whom--
(aa) 1 member shall represent the city of Fort
Collins;
(bb) 2 members shall represent Lorimer County, 1 of
which shall represent agriculture or irrigated water
interests;
(cc) 1 member shall represent the city of Greeley;
•
(dd) 2 members shall represent Weld County, 1 of
which shall represent agricultural. or irrigated water
interests; and
(ee) 1 member shall represent the city of Loveland;
and
•
on 3 members shall be recommended; by the Governor and '
• appointed by the Secretary, and shall--
(aa) represent the general public;
(bb) be citizens of the State; '. and
(cc) reside within the Corridor.
•
(ii) Chairperson_--The chairperson of the Commission shall be
. elected by the members of the Commission from among members
appointed under subclause (III) , (IV) , or (V) of clause (i) . The
chairperson shall be elected for a 2-year term.
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(iii) Vacancies. --A vacancy on the Commission shall be
in the same manner in which the original appointment was made.
(B) Terms of Service.--
(i) In general. --Except as provided in clause (ii) and (iii) ,
each member of the Commission shall be appointed for a term of 3
years and may be reappointed.
(ii) Initial members.--The initial members of the Commission
first appointed under subparagraph (A) (i) shall be appointed as
follows:
(I) 3-year terms. --The following initial members shall
serve for a 3-year term:
(aa) The representative of the; Secretary of the
Interior.
(bb) 1 representative of weld County.
(cc) 1 representative of Larimer County.
(dd) 1 representative of the city of Loveland.
(eel 1 representative of the general public.
(II) 2-year terms.--The following initial members shall
serve for a 2-year term:
(aa) The representative of the Forest Service.
•
(bb) The representative of the State.
(cc) The representative of Colorado State University.
(dd) The representative of the Northern Colorado
Water Conservancy District.
(III) 1-year terms. --The following initial members shall
serve for a 1-year term:
(aa)• 1 representative of the city of Fort Collins.
(bb) 1 representative of Larimer County.
(cc) 1 representative of the city of Greeley.
(dd) 1 representative of Weld County.
(ee) 1 representative of the general public.
(iii) Partial terms.--
(I/ Filling vacancies.--A member of the Commission
appointed to fill a vacancy occurring before the expiration
of the term for which a predecessor was:', appointed'shall be
appointed only for the remainder of the members term.
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•
(II) Extended service. --A. member of the Commission may •
serve after the expiration of that member's term until a
successor has taken office_
(C) Compensation,--Members of the Commission shall receive no
compensation for their service on the Commission.
(D) Travel Expenses.--While away from their homes or regular
places of business in the performance of services for the Commission,
members shall be allowed travel expenses, including per diem in lieu
of subsistence, in the same manner as persons employed intermittentll
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.
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SEC. 10G . POWERS OF TEE COMMISSION.
•
(a) Hearings.--
(1) In general. --The Commission may hold such 'hearings, sit and act
at such times and places, take such testimony, and receive such evidence
as the Commission considers necessary to carry out this title.
(2) Subpoenas.--The Commission may not issue subpoenas or exercise
any subpoena authority.
(b) Mails. --The Commission may use the United States mails in the same
manner and under the same conditions as other departments and agencies of the
Federal Government_
(c) Matching Funds.--The Commission may use its funds to obtain money
from any source under a program or law requiring the recipient of the money.
to make a contribution in order to receive the money.
(d) Gifts .--Except as provided' in subsection (e) (3) , the Commission may,
for the purpose of carrying out its duties, seek, .accept, and dispose of
gifts, bequests, or donations of money, personal property, or services
received from any source. -
(e) Real Property. --
(1) In general.--Except as provided in paragraph (2) , the Commission
may not acquire real property or an interest in real property_
(2) Exception.--Subject to paragraph (3) , the Commission may acquire
real property in the Corridor, and interests in real property in the
Corridor--
(A) by gift or device;
(B) by purchase from a willing seller with money that was given '
or bequeathed to the Commission; or
•
(C) by exchange.
(3) Conveyance to public agencies. --Any real property or interest in
real property acquired by the Commission under paragraph (2) shall be
conveyed by the Commission to an appropriate non-Federal public agency,
as determined by the Commission. The conveyance shall be made--
(A) as soon as practicable after acquisition; _
(B) without consideration; and
(C) on the condition that the real property or interest in real `
property so conveyed is used in furtherance of the purpose for which
the Corridor is established.
(f) Cooperative Agreements.--For the purpose of carrying out the Plan, -
the Commission may enter into cooperative agreements with Federal agencies,
State agencies, political subdivisions of the State, and persons_ Any such -
cooperative agreement shall, at a minimum, establish procedures for providing
notice to the Commission of any action that may affect the implementation of
the Plan.
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(g) Advisory Groups. --The Commission nay establish_ such advisory croups
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 Commissior
determines that such modification is necessary to carry out this title.
(2) Notice.--No modification shall take effect until-.-
(A) any Federal. agency, State agency, or political subdivision of
the State that may be affected by the modification receives adequate
notice of, and an opportunity to comment on, the modification;
(B) if the modification is significant, as determined by the
Commission, the Commission has--
(i) provided adequate notice of the modification by
publication in the area of the Corridor; and
(ii) conducted a public hearing with respect to the -
modification; and
(C) the Governor has approved the modification_
SEC. 107. DUTIES OF' THE coreaSSION.
(a) Plan.--The Commission shall prepare, obtain approval for, implement,
and support the Plan in accordance with section 108 .
(b) Meetings. --
(I) 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 budgetof '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.
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•
(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 organ 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 persona the opportunity to testify about
matters to be addressed by the Plan.
(3) Relationship to existing plans. --The Plan--
(TO 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 Plait, 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 .
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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 preservatior
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 sellex
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 is
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
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Federal agencies, State agencies, political subd via=cns 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 undo-rake
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.
SSC. 109, TERMINATION OF TRAVEL EXPENSES PROVISION.
Effective on the date that is 5 years after the date on which .the
• Secretary approves the Plan, section 104 is amended by striking subsection
(e) .
SEC. 110 . DUTIES OF ENE 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
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' political subdivision of the, State or the owner Where `^e lands are
located concur in the exchange. Land so aco-aired shall be used to fulfil:
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 Barrio
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 title, the •
Commission and Secretary shall emphasize voluntary cooperation.
•
(2) Rules, regulations, standards, and permit processes. --Nothing in
this title shall be considered to impose or form the basis for imposition
of any environmental, occupational, safety, or other rule, regulation,
standard, or permit process that is different from .those that would be
applicable had the Corridor not been established.
(3) Environmental quality standards. --Nothing in this title shall be
considered to impose the application or administration of any Federal or
State environmental quality standard that is different from those that
will be applicable had the Corridor not been established.
(4) Water standards.--Nothing in this title shall be considered to
impose any Federal or State water use designation or water quality
standard upon uses of, or discharges to, waters of the State or waters of
the United States, within or adjacent.to the Corridor, that is more
restrictive than those that would be applicable had: the Corridor not been
established.
(S) 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-
(5) 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.
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(b) Restrictions on commission andiSecretary. --Nothing in this title
shall be construed to vest in the Commission or the Secretary the authority
to--
(1) require a Federal agency, State agency, political subdivision of
the State, or private person (including an owner of private property) to
participate in a project or program carried out by the Commission or the
Secretary under the title;
(2) intervene as a party in an administrative or judicial proceeding
concerning the application or enforcement of a regulatory authority of a
Federal agency, State agency, or political subdivision of the State,
including, but not limited to, authority relating to-- '
(A) land use regulation;
(B) environmental quality;
(C) licensing;
(D) permitting;
(E) easements;
(F) private land development; or
(G) other occupational or access issue;
(3) establish or modify a regulatory authority ,of a Federal agency,
State agency, or political subdivision of the State, including authority
relating to--
CA) land use regulation;
(B) environmental quality; or
(C) pipeline or utility crossings;
(4) modify a policy of a Federal agency, State ',agency,- or political
subdivision of the State; •
(5) attest in any manner the authority and jurisdiction of the State
with respect to the acquisition of lands or water, or interest in lands
or water;
(6) vest authority to reserve or appropriate water or water rights in
any entity for any purpose;
(7) deny, condition, or restrict the construction, repair,
rehabilitation, or expansion of water facilities, including stormwater,
water, and wastewater treatment facilities; or
(8) deny, condition, or restrict the exercise of water rights in
accordance with the substantive and procedural,requirements of the laws
of the State.
(c) Savings provision. --Nothing in, this title shall diminish, enlarge, or
modify a right of a Federal agency, State agency, or political subdivision of
the State--
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(1) to exercise civil and criminal jurisdiction within the .Corridor;
or •
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(2) to tax persons, corporations, franchises, :or property, including
minerals and other interests in or on lands or waters within the urban
portions of the Corridor.
(d) Access to Private Property.--Nothing in this title requires an owner
of private property to allow access to the property by the public.
SEC. 113 . AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated not to exceed
$50, 000 to the Commission to carry out this Act for each of the first S
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.
Passed the Senate October 3, 1996�.
Attest: •
Secretary.
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