HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/04/2004 - RESOLUTION 2004-057 EXPRESSING CITY COUNCIL SUPPOR ITEM NUMBER: 18
AGENDA ITEM SUMMARY DATE: May 4, 2004
FORT COLLINS CITY COUNCIL STAFF: Timothy Wilder
Mark Radtke
SUBJECT
Resolution 2004-057 Expressing City Council Support for the "Cache la Poudre River National
Heritage Area Technical Amendments Act of 2004".
RECOMMENDATION
Staff recommends adoption of the Resolution. This Resolution is consistent with Council policy
stated in the Legislative Policy Agenda: "Support legislation necessary to fully implement the
Cache la Poudre River Corridor Act".
EXECUTIVE SUMMARY
Over the last 20 years, Congress has established 24 national heritage areas and provided them
with millions of dollars in financial assistance through the National Park Service. By providing
this designation, the Congress has determined that these areas' local cultures, traditions, history
and resources are worthy of being recognized and preserved because of their contributions to the
nation's heritage. These areas can encompass large tracts of land, and incorporate both public
and private property. Once designated, heritage areas can receive funding through the National
Park Service's budget, although the agency currently has no formal heritage area program. The
Park Service provides technical assistance to the areas, and the Congress appropriates the agency
limited funds for heritage area activities. The Park Service allocates funding to the areas through
cooperative agreements. These funds are considered to be "seed" money to assist each area in
becoming sufficiently established to develop partnerships with state and local governments,
businesses, and other non-federal organizations as their principal funding sources.
The Cache la Poudre River Corridor Heritage Area (the "Heritage Area") was created in 1996 by
an act of Congress (PL 104-323) sponsored by Hank Brown just before he left office. It includes
the lands within the 100 year flood plain of the Poudre beginning where it flows out of the
Roosevelt National Forest and continuing east to a point 1/4 mile west of the confluence of the
Poudre and the South Platte.
The legislation that created the Heritage Area required that a Commission be established to
develop and implement a plan for the Area. The members of the Commission were to be
appointed by the Secretary of the Interior upon recommendation of the Governor of Colorado,
and were to include representatives from the State, Colorado State University, Fort Collins,
Greeley, Loveland, Latimer and Weld Counties, and the Northern Colorado Water Conservancy
District, as well as private citizens. However, since the legislation was enacted, the Justice
May 4, 2004 -2- Item No. 18
Department has stated that this amounts to an unconstitutional delegation of power. Therefore,
an official commission has never been appointed.
The people who were on the Governor's list to act as commission members have been meeting
informally, and have set up a non-profit organization called the Poudre Heritage Alliance
("PHA"). The PHA is working to get a new bill passed in Congress which would amend the
existing Cache la Poudre Corridor Act. Instead of a commission, the Heritage Area would be
managed by the Department of Interior through a management contract with the PHA (the Board
of the PHA has the same makeup in terms of representation as the Commission would have had.)
The PHA is asking City Council to pass this Resolution urging the local Congressional
delegation to support this legislation. Passage of this bill will resolve the current impasse so the
Heritage area can move forward.
RESOLUTION 2004-057
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING CITY COUNCIL SUPPORT FOR THE "CACHE LA POUDRE RIVER
NATIONAL HERITAGE AREA TECHNICAL AMENDMENTS ACT OF 2004"
WHEREAS,in 1996 the United States Congress created the Cache la Poudre River Corridor
Heritage Area(the"Heritage Area"),which includes the lands within the 100 year flood plain of the
Poudre River from the Roosevelt National Forest to a point 1/4 mile west of the confluence of the
Poudre and South Platte Rivers; and
WHEREAS,the legislation that created the Heritage Area,called the"Cache la Poudre River
Corridor Act" (PL 104-323),required that a Commission be established to develop and implement
a plan for the Heritage Area, and that the members of the Commission be appointed by the Secretary
of the Interior upon recommendation of the Governor of Colorado; and
WHEREAS, the Governor of Colorado assembled a list of appointees,but the Commission
was never created because the Justice Department stated that the process designated in PL 104-323
for establishing the Commission constituted an unconstitutional delegation of power; and
WHEREAS,the people who were on the Governors's list for appointment to the Commission
have established a non-profit organization called the Poudre Heritage Alliance ("PHA"); and
WHEREAS, the PHA is working to get a bill passed in Congress that would amend the
Cache la Poudre River Corridor Act to allow the Department of the Interior to manage the Heritage
Area through a contract with the PHA; and
WHEREAS,the board of the PHA,which includes representatives from the State,Colorado
State University,Larimer and Weld Counties, the Northern Colorado Water Conservancy District,
and the Cities of Fort Collins, Greeley and Loveland, is asking that the City support the proposed
legislation in order to resolve the current impasse and allow management of the Heritage Area to
move forward; and
WHEREAS, the Council in its 2004 Legislative Policy Agenda stated its desire to support
legislation necessary to fully implement the Cache la Poudre River Corridor Act.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby reaffirms its support for legislation which will
facilitate the full implementation of the Cache la Poudre River Corridor Act.
Section 2. That the Council urges the United States Congress to pass the "Cache la
Poudre River National Heritage Area Technical Amendments Act of 2004",amending the Cache la
Poudre River Corridor Act to allow the Department of the Interior to manage the Cache la Poudre
River Corridor Heritage Area through a contract with the Poudre Heritage Alliance.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
4th day of May, A.D. 2004.
Mayor
ATTEST:
City Clerk