[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 180 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 180
To establish the Cache La Poudre River National Heritage Area, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 8, 2009
Mr. Salazar (for himself and Mr. Udall of Colorado) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Cache La Poudre River National Heritage Area, 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 Act of 2009''.
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.
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