109th CONGRESS
1st Session
H. R. 4539
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.
IN THE HOUSE OF REPRESENTATIVES
December 14, 2005
Mrs. MUSGRAVE introduced the following bill; which was referred to the
Committee on Resources
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Cache la Poudre River National Heritage Area
Technical Amendments Act of 2005'.
SEC. 2. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA.
(a) Purpose- Section 101 of the Cache La Poudre River Corridor Act (16 U.S.C.
461 note; Public Law 104-323) is amended--
(1) by striking `Cache La Poudre Corridor' and inserting `Cache la Poudre
River National Heritage Area';
(2) by striking `Cache La Poudre River Basin' and inserting `Cache la
Poudre River Basin'; and
(3) by striking `the Corridor' and inserting `the Heritage Area'.
(b) Definitions- Section 102 of the Cache La Poudre River Corridor Act (16
U.S.C. 461 note; Public Law 104-323) is amended--
(1) by striking paragraph (1) and inserting the following:
`(1) ALLIANCE- The term `Alliance' means the Poudre Heritage Alliance,
a nonprofit corporation incorporated in the State of Colorado.';
(2) by striking paragraphs (2) and (3) and inserting the following:
`(2) GOVERNOR- The term `Governor' means the Governor of the State of
Colorado.
`(3) HERITAGE AREA- The term `Heritage Area' means the Cache la Poudre
River National Heritage Area established by section 103(a).';
(3) by striking paragraph (4) and inserting the following:
`(4) PLAN- The term `Plan' means the Cache la Poudre River National Heritage
Area management plan prepared by the Alliance under section 105.'; and
(4) in paragraph (5), by striking `Corridor' and inserting `Heritage Area'.
(c) Establishment and Boundaries; Landowner Withdrawal Authority- Section
103 of the Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public
Law 104-323) is amended--
(1) in subsection (a), by striking `Cache La Poudre Corridor' and inserting
`Cache la Poudre River National Heritage Area';
(A) by striking `the boundaries of the Corridor' and inserting `the
boundaries of the Heritage Area';
(B) by striking `Cache La Poudre River' each place it appears and inserting
`Cache la Poudre River'; and
(C) by striking `and generally depicted' and all that follows through
the period at the end of the matter following paragraph (19) and inserting
`as generally depicted on the map entitled `Cache la Poudre River National
Heritage Area', numbered 960/80,003, and dated April, 2004.'; and
(3) by adding at the end the following:
`(d) Management Entity- The Alliance shall be the management entity for
the Heritage Area.
`(e) Landowner Withdraw- Any owner of private property included within the
boundaries of the Heritage Area shall have that property immediately removed
from the boundaries of the Heritage Area by submitting a written request
to the Alliance.'.
SEC. 3. POUDRE HERITAGE ALLIANCE.
Section 104 of the Cache La Poudre River Corridor Act (16 U.S.C. 461 note;
Public Law 104-323) is amended to read as follows:
`SEC. 104. AUTHORITIES AND DUTIES OF THE ALLIANCE.
`(a) Duties of the Alliance- To further the purposes of the Heritage Area,
the Alliance shall--
`(1) prepare, obtain approval for, implement, and support the Plan in
accordance with section 105;
`(2) administer the Heritage Area;
`(3) conduct meetings regarding the development and implementation of
the Plan at least quarterly that are open to the public;
`(4) for any fiscal year in which the Alliance receives Federal funds
under this Act--
`(A) submit to the Secretary an annual report that describes the accomplishments,
expenses, and income of the Alliance, including grants provided to any
other entities during the fiscal year; and
`(B)(i) make available for audit all information relating to the expenditure
of the Federal funds and any matching funds; and
`(ii) in any agreement authorizing expenditures of Federal funds by
other organizations, require that the receiving organizations make available
for audit all records and other information relating to the expenditure
of the Federal funds;
`(5) encourage by appropriate means economic viability that is consistent
with the purposes of the Heritage Area; and
`(6) carry out other duties of the Alliance as required under this Act.
`(b) Authorities- The Alliance may, for the purposes of preparing and implementing
the Plan, use Federal funds made available under this Act to--
`(1) make grants to the State of Colorado, political subdivisions of the
State, nonprofit organizations, and other persons;
`(2) enter into cooperative agreements with, or provide technical assistance
to, the State of Colorado, political subdivisions of the State, nonprofit
organizations, and other interested persons;
`(3) hire and compensate staff, including individuals with expertise in
cultural, historic, and natural resources protection and heritage programming;
`(4) obtain money or services from any source, including money or services
that are provided under any other Federal law or program;
`(5) contract for goods or services; and
`(6) support activities that--
`(A) further the purposes of the Heritage Area; and
`(B) are consistent with the approved Plan.
`(c) Acquisition of Land and Real Property-
`(1) ACQUISITION OF REAL PROPERTY-
`(A) PROHIBITION ON USE OF FEDERAL FUNDS- The Alliance shall not use
Federal funds received under this Act to acquire real property.
`(B) OTHER FUNDS- Notwithstanding subparagraph (A), the Alliance may
acquire real property using any other source of funding, including other
Federal funding.
`(2) ACQUISITION OF LAND FROM WILLING SELLERS- No land or interest in
land may be acquired by the Secretary or the Alliance under this Act without
the consent of the owner of the land or interest.'.
SEC. 4. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA MANAGEMENT PLAN.
(a) In General- The Cache La Poudre River Corridor Act (16 U.S.C. 461 note;
Public Law 104-323) is amended by striking sections 105 through 109 and
inserting the following:
`SEC. 105. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA MANAGEMENT PLAN.
`(a) Requirements- The Alliance shall prepare and submit to the Secretary
for approval a management plan for the Heritage Area that--
`(1) describes comprehensive policies, goals, strategies, and recommendations
for--
`(A) telling the story of the heritage of the Heritage Area; and
`(B) encouraging long-term resource protection, enhancement, interpretation,
funding, management, and development of the Heritage Area;
`(2) includes a description of actions and commitments that State and
local governments, private organizations, and citizens in the Heritage
Area will take to protect, enhance, and interpret the cultural, historic,
natural, and scenic resources of the Heritage Area;
`(3) specifies existing and potential sources of funding or economic development
strategies to protect, enhance, interpret, fund, manage, and develop the
Heritage Area;
`(4) includes an inventory of the cultural, educational, historical, natural,
recreational, and scenic resources of the Heritage Area and associated
sites relating to the stories and themes of the region that should be
protected, enhanced, managed or developed;
`(5) recommends policies and strategies for resource management, including
the development of intergovernmental and interagency agreements to protect
the cultural, educational, historic, natural, recreational, and scenic
resources of the Heritage Area;
`(6) describes a program of implementation for the Plan, including--
`(B) plans for resource protection, enhancement, and interpretation;
and
`(C) specific commitments for implementation that have been made by
the Alliance or any government, organization, business, or individual
in the Heritage Area;
`(7) includes an analysis of, and recommendations for, ways in which Federal,
State, and local programs may best be coordinated to further the purposes
of this Act, including an analysis of the role of the National Park Service
and other Federal agencies associated with the Heritage Area; and
`(8) includes a business plan that--
`(A) describes the role, operation, financing, and functions of--
`(ii) each of the major activities included in the Plan; and
`(B) provides adequate assurances that the Alliance has the partnerships
and financial and other resources necessary to implement the Plan.
`(b) Termination of Funding- If the Plan is not submitted to the Secretary
in accordance with this section, the Secretary shall not provide to the
Alliance any additional financial assistance under this Act until the Plan
is submitted to and approved by the Secretary under this section.
`(1) REVIEW- Not later than 180 days after the date of receipt of the
management plan under subsection (a), the Secretary, in consultation with
the Governor, shall review and approve or disapprove the Plan.
`(2) CRITERIA- In determining whether to approve the Plan, the Secretary
shall consider whether--
`(A) the Alliance is representing the diverse interests of the Heritage
Area, including--
`(ii) natural and historic resource protection organizations;
`(iii) educational institutions;
`(v) recreational organizations;
`(vi) community residents; and
`(vii) private property owners;
`(B) the Alliance provided adequate opportunity, workshops, and hearings
for public and governmental involvement in the preparation of the Plan;
`(C) the Alliance includes provisions for at least semiannual public
meetings to ensure adequate implementation of the Plan;
`(D) the resource protection and interpretation strategies in the Plan
would adequately protect, enhance, and interpret the cultural, historic,
natural, and scenic resources of the Heritage Area;
`(E) the Plan would adversely affect any activities authorized on Federal
land under public land laws or land use plans;
`(F) the Alliance has demonstrated financial capability, in partnership
with others, to carry out the Plan;
`(G) the Secretary has received adequate assurances from the appropriate
State and local officials, the support of which is needed to ensure
the effective implementation of the State and local aspects of the Plan;
and
`(H) the Plan demonstrates partnerships among the Alliance, Federal,
State, and local governments, regional planning organizations, nonprofit
organizations, or private-sector parties for implementation of the Plan.
`(3) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the Plan
under paragraph (1), the Secretary shall--
`(A) advise the Alliance in writing of the reasons for the disapproval;
`(B) make recommendations for revisions to the Plan; and
`(C) not later than 180 days after the date of receipt of a proposed
revision to the Plan, approve or disapprove the proposed revision.
`(A) IN GENERAL- The Secretary shall review and approve or disapprove
each amendment to the Plan that the Secretary determines may substantially
alter the purposes of the Heritage Area.
`(B) USE OF FUNDS- Funds made available under this Act shall not be
expended by the management entity to implement an amendment described
in subparagraph (A) until the Secretary approves the amendment.'.
(b) Conforming Amendments- The Cache La Poudre River Corridor Act (16 U.S.C.
461 note; Public Law 104-323) is amended by redesignating sections 110,
111, 112, and 113 as sections 106, 107, 108, and 110, respectively.
SEC. 5. DUTIES AND AUTHORITIES OF THE SECRETARY OF THE INTERIOR.
Section 106 of the Cache La Poudre River Corridor Act (16 U.S.C. 461 note;
Public Law 104-323) (as redesignated by section 4(b)) is amended--
(1) by striking the heading and inserting the following:
`SEC. 106. DUTIES AND AUTHORITIES OF THE SECRETARY.';
(2) by striking subsections (a) and (c);
(3) by redesignating subsection (b) as subsection (a);
(4) in subsection (a) (as redesignated by paragraph (2))--
(A) by striking `Commission' each place it appears and inserting `Alliance';
and
(B) by striking `section 108' and inserting `section 105'; and
(5) by adding at the end the following:
`(b) Cooperative Agreements-
`(1) IN GENERAL- The Secretary may enter into cooperative agreements with
the Alliance for the purpose of carrying out the Plan.
`(2) REQUIREMENTS- Any cooperative agreement shall, at a minimum, establish
procedures for providing notice to the Alliance of any action that may
affect the implementation of the Plan.'.
SEC. 6. OTHER FEDERAL ENTITIES.
Section 107 of the Cache La Poudre River Corridor Act (16 U.S.C. 461 note;
Public Law 104-323) (as redesignated by section 4(b)) is amended--
(1) in subsection (a), by striking `section 112' and inserting `section
108';
(2) by striking `Corridor' each place it appears and inserting `Heritage
Area';
(3) by striking `Commission' each place it appears and inserting `Alliance';
and
(4) by striking `Cache La Poudre' each place it appears and inserting
`Cache la Poudre'.
SEC. 7. EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS, RESTRICTIONS, AND
SAVINGS PROVISIONS.
Section 108 of the Cache La Poudre River Corridor Act (16 U.S.C. 461 note;
Public Law 104-323) (as redesignated by section 4(b)) is amended--
(1) in subsection (a)(1), by adding at the end the following: `No privately
owned property shall be preserved, conserved, or promoted by the Plan
unless and until the owner of that private property gives the Alliance
written consent for such preservation, conservation, or promotion after
receiving written notification from the Alliance of the proposed preservation,
conservation, or promotion.';
(2) by striking subsections (c) and (d) and inserting the following:
`(c) Savings Provision- Nothing in this Act--
`(1) diminishes, enlarges, or modifies a right of a Federal agency, State
agency, or political subdivision of the State--
`(A) to exercise civil and criminal jurisdiction within the Heritage
Area; or
`(B) to tax persons, corporations, franchises, or property, including
minerals and other interests in or on land or water within the urban
portions of the Heritage Area;
`(2) authorizes the regulation of private land in the Heritage Area;
`(3) authorizes the imposition of any mandatory streamflow requirements
in the Heritage Area;
`(4) creates an express or implied Federal reserved water right;
`(5) imposes any Federal water quality standard within or upstream of
the Heritage Area that is more restrictive than would be applicable had
the Heritage Area not been established; or
`(6) prevents the State of Colorado from acquiring an instream flow through
the Heritage Area under the terms, conditions, and limitations of State
law to assist in protecting the natural environment to the extent and
for the purposes authorized by State law.';
(3) by striking `Corridor' each place it appears and inserting `Heritage
Area'; and
(4) by striking `Commission' each place it appears and inserting `Alliance'.
SEC. 8. PRIVATE PROPERTY PROTECTIONS.
The Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public Law 104-323)
is amended by inserting after section 108 (as redesignated by section 4(b)
and amended by section 7) the following:
`SEC. 109. PRIVATE PROPERTY PROTECTION.
`(a) Access to Private Property- Nothing in this Act shall be construed
to--
`(1) require any private property owner to allow public access (including
Federal, State, or local government access) to such private property;
or
`(2) modify any provision of Federal, State, or local law with regard
to public access to or use of private property.
`(b) Liability- Designation of the Heritage Area shall not be considered
to create any liability, or to have any effect on any liability under any
other law, of any private property owner with respect to any persons injured
on such private property.
`(c) Recognition of Authority to Control Land Use- Nothing in this Act shall
be construed to modify the authority of Federal, State, or local governments
to regulate land use.
`(d) Participation of Private Property Owners in Heritage Area- Nothing
in this Act shall be construed to require the owner of any private property
located within the boundaries of the Heritage Area to participate in or
be associated with the Heritage Area.
`(e) Effect of Establishment- The boundaries designated for the Heritage
Area represent the area within which Federal funds appropriated pursuant
to the authorization of appropriations in section 110 may be expended. The
establishment of the Heritage Area and its boundaries shall not be construed
to provide any nonexisting regulatory authority on land use within the Heritage
Area or its viewshed by the Secretary, the National Park Service, or the
Alliance.'.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 110 of the Cache La Poudre River Corridor Act (16 U.S.C. 461 note;
Public Law 104-323) (as redesignated by section 4(b)) is amended to read
as follows:
`SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There are authorized to be appropriated to carry out this
Act--
`(1) not more than $100,000 for any fiscal year; and
`(2) not more than a total of $1,000,000.
`(b) Availability- Funds appropriated pursuant to the authorization of appropriations
in subsection (a) shall remain available until expended.
`(1) IN GENERAL- As a condition of providing a grant under this Act to
the Alliance, the Secretary shall require that the Alliance provide matching
funds equal to the amount of the grant.
`(2) FORM- Matching funds--
`(A) shall be from non-Federal sources; and
`(B) may be made in the form of in-kind contributions of goods or services
fairly valued.
`(d) Administrative Expenses- Not more than 5 percent of the funds appropriated
pursuant to the authorization of appropriations in subsection (a) for a
fiscal year may be used by the Secretary for technical assistance, oversight,
and administrative purposes.'.
SEC. 10. TERMINATION OF AUTHORITY; REFERENCES IN LAW.
The Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public Law 104-323)
is amended by adding at the end the following:
`SEC. 111. REFERENCES.
`(a) Federal Laws and Documents- Any reference in any law (other than this
Act), regulation, document, record, map, or other paper of the United States
to `Cache La Poudre River Corridor' or `Cache La Poudre Corridor' shall
be considered to be a reference to the `Cache la Poudre River National Heritage
Area'.
`(b) Other Signs and Notices- Any directional or official sign or notice
relating to `Cache La Poudre River Corridor' or `Cache La Poudre Corridor'
shall be considered to be a reference to the `Cache la Poudre River National
Heritage Area'.
`SEC. 112. TERMINATION OF AUTHORITY.
`The authority of the Secretary to provide financial assistance to the Alliance
(excluding technical assistance and administrative oversight) under this
Act shall terminate 10 years after the date of enactment of the Cache la
Poudre River National Heritage Area Technical Amendments Act of 2005.'.
END
