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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