[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 591 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 591
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
January 19, 2007
Mrs. Musgrave introduced the following bill; which was referred to the
Committee on Natural 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 2007''.
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'';
(2) in subsection (b)--
(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--
``(A) performance goals;
``(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--
``(i) the Alliance; and
``(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.
``(c) Approval of Plan.--
``(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--
``(i) governments;
``(ii) natural and historic resource
protection organizations;
``(iii) educational institutions;
``(iv) businesses;
``(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.
``(4) Amendments.--
``(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.
``(c) Matching Funds.--
``(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 2007.''.
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