108th CONGRESS
2d Session
H. R. 5015
To establish a Commission to commemorate the 400th anniversary of
the arrival of Samuel de Champlain in the Champlain Valley and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
September 7, 2004
Mr. MCHUGH (for himself, Mr. SANDERS, and Mr. SWEENEY) introduced the following
bill; which was referred to the Committee on Government Reform
A BILL
To establish a Commission to commemorate the 400th anniversary of
the arrival of Samuel de Champlain in the Champlain Valley 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 `Samuel de Champlain 400th Commemoration Commission
Act of 2004'.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings- Congress finds that--
(1) Samuel de Champlain (1567-1635) was a French explorer and navigator
who mapped much of northeastern North America and established a settlement
in Quebec;
(2) in 1609, Champlain entered the valley where he observed the lake that
today carries his name, Lake Champlain, which borders the States of Vermont
and New York and a portion of the border between Canada and the United States;
(3) the 8,234 square mile Lake Champlain Basin is an extraordinary cultural,
historical, and recreational resource that had a significant role in the
history and culture of pre-European America, colonial North America, and
the formation and early development of the United States;
(4) Lake Champlain has a recognized national significance, not only for
scenic beauty, but also for the impact of the lake on the local, regional,
and national economy;
(5) Lake Champlain is supported by a watershed of more than 8,200 square
miles and supports a regional economy of more than $9,000,000,000;
(6) the importance of Lake Champlain spreads throughout the Northeast, because
residents of New England and the Mid-Atlantic States cherish the lake and
the resources of the lake for recreational, ecological, and scenic values;
and
(6) the States of Vermont and New York have both established Champlain 400th
Commemoration Commissions.
(1) IN GENERAL- The purpose of this Act is to establish the Samuel de Champlain
400th Commemoration Commission to provide technical and financial assistance
to the States of Vermont and New York and communities in the States to commemorate--
(A) the arrival of Samuel de Champlain into the Champlain Valley; and
(B) the heritage of the greater Lake Champlain Basin.
(2) INCLUSIONS- The assistance described in paragraph (1) shall, at a minimum--
(A) ensure a suitable national observance, in 2009, of the Samuel de Champlain
anniversary by complementing the programs and activities of the States
of Vermont and New York;
(B) cooperate with and assist the programs and activities of the States
in commemorating the Samuel de Champlain 2009 anniversary;
(C) assist in ensuring that the commemoration provides an excellent visitor
experience and beneficial interaction between visitors and the natural
and cultural resources of the Champlain Valley;
(D) assist in ensuring that the Samuel de Champlain 2009 observances are
inclusive and appropriately recognize the experiences and heritage of
all peoples present when Samuel de Champlain arrived in the Champlain
Valley;
(E) provide assistance to States, localities, and nonprofit organizations
in the development of programs, activities, and facilities to recognize
the cultural and historical significance of Lake Champlain;
(F) facilitate international involvement in the Samuel de Champlain 2009
commemoration;
(G) support and facilitate marketing efforts for a commemorative coin,
stamp, and related activities for the Samuel de Champlain commemoration;
(H) support and facilitate the related efforts of the Lake Champlain Basin
Program and the Champlain 400th Commemoration Commissions established
by the States of Vermont and New York; and
(I) assist in the appropriate development of heritage tourism and economic
benefits to the United States.
SEC. 3. DEFINITIONS.
(1) COMMEMORATION- The term `commemoration' means the commemoration of the
400th anniversary of Samuel de Champlain first arriving in the Champlain
Valley in 1609.
(2) COMMISSION- The term `Commission' means the Samuel de Champlain 400th
Commemoration Commission established by section 4(a).
(3) GOVERNOR- The term `Governor' means the Governor of each State.
(4) LAKE CHAMPLAIN BASIN PROGRAM- The term `Lake Champlain Basin Program'
means the partnership with Federal agencies established by the States of
Vermont and New York to implement the Lake Champlain management plan entitled
`Opportunities for Action'.
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(A) IN GENERAL- The term `State' means--
(i) the State of Vermont; and
(ii) the State of New York.
(B) INCLUSIONS- The term `State' includes agencies and entities of each
State specified in subparagraph (A).
SEC. 4. SAMUEL DE CHAMPLAIN 400TH COMMEMORATION COMMISSION.
(a) In General- There is established a commission to be known as the `Samuel
de Champlain 400th Commemoration Commission'.
(1) IN GENERAL- The Commission shall be composed of 13 members, of whom--
(A) 4 members shall be appointed by the Secretary from the Champlain 400th
Commemoration Commission established by the State of Vermont, after consideration
of the recommendations of the Governor of Vermont;
(B) 4 members shall be appointed by the Secretary, from the Champlain
400th Commemoration Commission established by the State of New York, after
consideration of the recommendations of the Governor of New York;
(C) 2 members shall be employees of the National Park Service, of whom--
(i) 1 member shall be the Director of the National Park Service (or
a designee); and
(ii) 1 member shall be an employee of the National Park Service having
experience relevant to the commemoration, to be appointed by the Secretary;
and
(D) 3 members shall be individuals that have an interest in, support for,
and expertise appropriate to, the commemoration, to be appointed by the
Secretary.
(A) TERM- A member of the Commission shall be appointed for the life of
the Commission.
(i) IN GENERAL- A vacancy on the Commission shall be filled in the same
manner as the original appointment was made.
(ii) PARTIAL TERM- A member appointed to fill a vacancy on the Commission
shall serve for the remainder of the term for which the predecessor
of the member was appointed.
(A) IN GENERAL- The Commission shall meet--
(i) at least twice each year; or
(ii) at the call of the Chairperson or the majority of the members of
the Commission.
(B) INITIAL MEETING- Not later than 30 days after the date on which all
members of the Commission have been appointed, the Commission shall hold
the initial meeting of the Commission.
(A) IN GENERAL- The Commission shall act only on an affirmative vote of
a majority of the members of the Commission.
(B) QUORUM- A majority of the members of the Commission shall constitute
a quorum.
(5) CHAIRPERSON AND VICE CHAIRPERSON-
(A) IN GENERAL- The Commission shall annually elect the Chairperson and
the Vice Chairperson of the Commission from among the members of the Commission.
(B) AUTHORITY- The Vice Chairperson shall serve as the Chairperson in
the absence of the Chairperson.
(1) IN GENERAL- The Commission shall--
(A) plan, develop, and execute programs and activities appropriate for
the commemoration;
(B) generally facilitate activities relating to the commemoration throughout
the United States;
(C) encourage civic, patriotic, historical, educational, religious, economic,
and other organizations throughout the United States to organize and participate
in anniversary activities to expand the understanding and appreciation
of the significance of Lake Champlain;
(D) consult with the Lake Champlain Basin Program and other relevant organizations
to plan and develop programs and activities for the commemoration;
(E) provide technical assistance to States, localities, and nonprofit
organizations to carry out activities relating to the commemoration;
(F) coordinate and facilitate public scholarly research on the history
of Samuel de Champlain and the Lake Champlain basin; and
(G) ensure that the commemoration provides a lasting legacy and long-term
public benefit by assisting in the development of appropriate programs,
projects, and facilities.
(A) STRATEGIC PLAN; ANNUAL PERFORMANCE PLANS- In accordance with section
306 of title 5, United States Code, and section 1115 of title 31, United
States Code, the Commission shall prepare a strategic plan and annual
performance plans for the activities of the Commission carried out under
this Act.
(B) FINAL REPORT- Not later than September 30, 2010, the Commission shall
submit to the Secretary a final report that contains--
(i) a summary of the activities of the Commission;
(ii) a final accounting of funds received and expended by the Commission;
and
(iii) the findings and recommendations of the Commission.
(d) Powers of the Commission- The Commission may--
(1) accept and dispose of donations of money, personal services, and personal
property related to the settling of the Champlain Basin and the significance
of Lake Champlain in the history of the United States;
(2) appoint such advisory committees as the Commission determines to be
necessary to carry out this Act;
(3) authorize any member or employee of the Commission to take any action
that the Commission is authorized to take by this Act;
(4) procure supplies, services, and property, and make or enter into contracts,
leases, or other legal agreements, to carry out this Act (except that any
contracts, leases, or other legal agreements made or entered into by the
Commission, either directly or with administrative assistance from the Lake
Champlain Basin Program, shall not extend beyond the date of termination
of the Commission);
(5) use the United States mails in the same manner and under the same conditions
as other Federal agencies;
(6) subject to approval by the Commission, with assistance from the Lake
Champlain Basin Program, make grants in amounts not to exceed $25,000 to
communities and nonprofit organizations to develop programs and facilities
to assist in the commemoration and recognition of Lake Champlain cultural
and historical resources and projects;
(7) make grants to research and scholarly organizations to research, publish,
or distribute information relating to the early history of the Champlain
Valley; and
(8) provide technical assistance to States, localities, and nonprofit organizations
to further the commemoration.
(e) Commission Personnel Matters-
(1) COMPENSATION OF MEMBERS OF THE COMMISSION-
(A) IN GENERAL- Except as provided in subparagraph (B), a member of the
Commission shall serve without compensation.
(B) FEDERAL EMPLOYEES- A member of the Commission who is an officer or
employee of the Federal Government shall serve without compensation in
addition to the compensation received for the services of the member as
an officer or employee of the Federal Government.
(C) TRAVEL EXPENSES- A member of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized
for an employee of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular place of business
of the member in the performance of the duties of the Commission.
(A) IN GENERAL- The Chairperson of the Commission may, without regard
to the civil service laws (including regulations), appoint and terminate
an executive director and such other additional personnel, including personnel
appointed from the Lake Champlain Basin Program, as are necessary to enable
the Commission to perform the duties of the Commission.
(B) CONFIRMATION OF EXECUTIVE DIRECTOR- The employment of an executive
director shall be subject to confirmation by the Commission.
(A) IN GENERAL- Except as provided in subparagraph (B), the Chairperson
of the Commission may fix the compensation of the executive director and
other personnel 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) MAXIMUM RATE OF PAY- The rate of pay for the executive director and
other personnel shall not exceed the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(4) DETAIL OF GOVERNMENT EMPLOYEES-
(i) IN GENERAL- At the request of the Commission, the head of any Federal
agency may detail, on a reimbursable or nonreimbursable basis, any of
the personnel of the agency to the Commission to assist the Commission
in carrying out the duties of the Commission under this Act.
(ii) CIVIL SERVICE STATUS- The detail of an employee under clause (i)
shall be without interruption or loss of civil service status or privilege.
(B) STATE EMPLOYEES- The Commission may--
(i) accept the services of personnel detailed from States (including
subdivisions of States); and
(ii) reimburse States for services of detailed personnel.
(C) LAKE CHAMPLAIN BASIN PROGRAM EMPLOYEES- The Commission may--
(i) accept the services of personnel from the Lake Champlain Basin Program;
and
(ii) reimburse the Lake Champlain Basin Program for the services of
detailed personnel.
(5) VOLUNTEER AND UNCOMPENSATED SERVICES- Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept and use voluntary
and uncompensated services as the Commission determines necessary.
(6) SUPPORT SERVICES- The Director of the National Park Service shall provide
to the Commission, on a reimbursable basis, such administrative support
services as the Commission may request.
(f) Procurement of Temporary and Intermittent Services- The Chairperson of
the Commission may procure temporary and intermittent services in accordance
with 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.
(g) FACA Nonapplicability- Section 14(b) of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Commission.
(h) No Effect on Authority- Nothing in this section supersedes the authority
of the States or the National Park Service concerning the commemoration.
(i) Termination- The Commission shall terminate on December 31, 2010.
END
