[104th Congress Public Law 323]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ323.104]
[[Page 110 STAT. 3889]]
Public Law 104-323
104th Congress
An Act
To establish the Cache La Poudre River Corridor. <<NOTE: Oct. 19,
1996 - [S. 342]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Cache La Poudre
River Corridor Act. Colorado.>>
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.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. ESTABLISHMENT OF THE CACHE LA POUDRE CORRIDOR.
(a) 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 River in Weld
[[Page 110 STAT. 3890]]
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 of Housing and Urban Development, Federal Insurance
Administration.
(2) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0147B, April 2, 1979. United States
Department of 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, larimer county, colorado.--
Community-Panel No. 080102 0002B, 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 17, 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 Agency, Federal 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,
[[Page 110 STAT. 3891]]
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 of this Act, the
Secretary 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
County, the city of Greeley, and Weld County.
SEC. 104. ESTABLISHMENT OF THE CACHE LA POUDRE CORRIDOR
COMMISSION.
(a) In General.--Upon the recommendation of the Governor, the
Secretary is authorized to recognize, for the purpose of developing and
implementing the plan referred to in section 108, the Cache La Poudre
Corridor Commission, as such Commission may be established by the State
of Colorado or its political subdivisions.
(b) Reflection of Cross-section of Interests.--The Secretary may
provide recognition under subsection (a) only if the Commission reflects
the following:
(1) Membership.--
(A) 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 ex officio
member;
(iii) 3 members shall be recommended by the
Governor and appointed by the Secretary, of whom--
(I) 1 member shall represent the
State;
(II) 1 member shall represent
Colorado State University in Fort
Collins; and
[[Page 110 STAT. 3892]]
(III) 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--
(I) 1 member shall represent the
city of Fort Collins;
(II) 2 members shall represent
Larimer County, 1 of which shall
represent agriculture or irrigated water
interests;
(III) 1 member shall represent the
city of Greeley;
(IV) 2 members shall represent Weld
County, 1 of which shall represent
agricultural or irrigated water
interests; and
(V) 1 member shall represent the
city of Loveland; and
(v) 3 members shall be recommended by the
Governor and appointed by the Secretary, and
shall--
(I) represent the general public;
(II) be citizens of the State; and
(III) reside within the Corridor.
(B) Chairperson.--The chairperson of the Commission
shall be elected by the members of the Commission from
among members appointed under clause (iii), (iv), or (v)
of subparagraph (A). The chairperson shall be elected
for a 2-year term.
(C) Vacancies.--A vacancy on the Commission shall be
filled in the same manner in which the original
appointment was made.
(2) Terms of service.--
(A) In general.--Except as provided in subparagraphs
(B) and (C), each member of the Commission shall be
appointed for a term of 3 years and may be reappointed.
(B) Initial members.--The initial members of the
Commission first appointed under paragraph (1)(A) shall
be appointed as follows:
(i) 3-year terms.--The following initial
members shall serve for a 3-year term:
(I) The representative of the
Secretary of the Interior.
(II) 1 representative of Weld
County.
(III) 1 representative of Larimer
County.
(IV) 1 representative of the city of
Loveland.
(V) 1 representative of the general
public.
(ii) 2-year terms.--The following initial
members shall serve for a 2-year term:
(I) The representative of the Forest
Service.
(II) The representative of the
State.
(III) The representative of Colorado
State University.
(IV) The representative of the
Northern Colorado Water Conservancy
District.
(iii) 1-year terms.--The following initial
members shall serve for a 1-year term:
(I) 1 representative of the city of
Fort Collins.
(II) 1 representative of Larimer
County.
[[Page 110 STAT. 3893]]
(III) 1 representative of the city
of Greeley.
(IV) 1 representative of Weld
County.
(V) 1 representative of the general
public.
(C) 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 member's term.
(ii) Extended service.--A member of the
Commission may serve after the expiration of that
member's term until a successor has taken office.
(3) Compensation.--Members of the Commission shall receive
no compensation for their service on the Commission.
(4) 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 intermittently 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
[[Page 110 STAT. 3894]]
(B) reimburse the State, State agency, or political
subdivision of the State for such services.
SEC. 106. POWERS OF THE 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 Act.
(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.
(g) Advisory Groups.--The Commission may establish such advisory
groups 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.--
[[Page 110 STAT. 3895]]
(1) In general.--The Commission may modify the Plan if the
Commission determines that such modification is necessary to
carry out this Act.
(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 COMMISSION.
(a) Plan.--The Commission shall prepare, obtain approval for,
implement, and support the Plan in accordance with section 108.
(b) Meetings.--
(1) 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
budget of 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.
(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 or an 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 persons the
opportunity to testify about matters to be addressed by
the Plan.
(3) Relationship to existing plans.--The Plan--
[[Page 110 STAT. 3896]]
(A) 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 Plan, 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 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.
[[Page 110 STAT. 3897]]
(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 preservation 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 seller 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 in 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 Federal agencies, State
agencies, political subdivisions 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 undertake 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.
SEC. 109. TERMINATION OF TRAVEL EXPENSES PROVISION.
Effective <<NOTE: Effective date.>> on the date that is 5 years
after the date on which the Secretary approves the Plan, section 104 is
amended by striking paragraph (4).
[[Page 110 STAT. 3898]]
SEC. 110. DUTIES OF THE 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 political subdivision of
the State or the owner where the lands are located concur in the
exchange. Land so acquired shall be used to fulfill 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
Services 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.--
[[Page 110 STAT. 3899]]
(1) Voluntary cooperation.--In carrying out this Act, the
Commission and Secretary shall emphasize voluntary cooperation.
(2) Rules, regulations, standards, and permit processes.--
Nothing in this Act 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 Act
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 Act 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.
(5) 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.
(6) 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.
(b) Restrictions on Commission and Secretary.--Nothing in this Act
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 this Act;
(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--
(A) land use regulation;
(B) environmental quality; or
[[Page 110 STAT. 3900]]
(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 Act shall diminish, enlarge,
or modify a right of a Federal agency, State agency, or political
subdivision of the State--
(1) to exercise civil and criminal jurisdiction within the
Corridor; or
(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 Act 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 5 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.
Approved October 19, 1996.
LEGISLATIVE HISTORY--S. 342:
---------------------------------------------------------------------------
SENATE REPORTS: No. 104-188 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Oct. 3, considered and passed Senate.
Oct. 4, considered and passed House.
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