109th CONGRESS
1st Session
H. R. 4402
To establish the Hudson-Fulton-Champlain 400th Commemoration Commission,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
November 18, 2005
Mr. HINCHEY (for himself and Mr. SANDERS) introduced the following bill;
which was referred to the Committee on Government Reform
A BILL
To establish the Hudson-Fulton-Champlain 400th Commemoration Commission,
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 `Hudson-Fulton-Champlain 400th Commemoration
Commission Act of 2005'.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings- The Congress finds the following:
(1) The first European exploration of the Hudson River and Lake Champlain
and the introduction of steam navigation to maritime commerce were events
of major historical importance, both in the United States and internationally.
(2) In 1609, Englishman Henry Hudson, acting in service of the Dutch East
India Company, was the first European to sail up the river later named
for him in the vessel HALF MOON, and French explorer Samuel de Champlain
was the first European to see the lake later named for him.
(3) These voyages were two of the most significant passages in the European
exploration and discovery of America, and began two of the earliest contacts
in the New World between Native Americans and Europeans.
(4) These explorations led to the establishment of Fort Orange, a Dutch
(and later English) settlement of what is now the capital city of the
State of New York, and settlement of French Quebec settlements as far
south as Lake George. From these early settlements came an influence on
the Nation's history, culture, law, commerce, and traditions of liberty
which extends to the present day, and which is constantly reflected in
the position of the United States as the leader of the nations of the
free world.
(5) In 1807, Robert Fulton navigated the Hudson River from the city of
New York to Albany in the steamboat CLERMONT, successfully inaugurating
steam navigation on a commercial basis. This event is one of the most
important events in the history of navigation. It revolutionized waterborne
commerce on the great rivers of the United States, transformed naval warfare,
and fostered international relations through transoceanic travel and trade.
(6) The National Park Service owns and operates significant resources
in New York related to the early history of the nation and the Hudson
River Valley.
(7) In 2002, the State of New York established a Hudson-Fulton-Champlain
Commission.
(8) In 2003, the State of Vermont established a Lake Champlain Quadricentennial
Commission.
(b) Purpose- The purpose of this Act is to establish the Hudson-Fulton-Champlain
400th Commemoration Commission to--
(1) ensure a suitable national observance of the Henry Hudson, Robert
Fulton, and Samuel de Champlain 2009 anniversaries through cooperation
with and assistance to the programs and activities of New York, Vermont,
and the commemorative commissions formed by the States;
(2) assist in ensuring that Hudson-Fulton-Champlain 2009 observances provide
an excellent visitor experience and beneficial interaction between visitors
and the natural and cultural resources of the New York and Vermont sites;
(3) assist in ensuring that Hudson-Fulton-Champlain 2009 observances are
inclusive and appropriately recognize the diverse Hudson River and Lake
Champlain communities that developed over four centuries;
(4) facilitate international involvement in the Hudson-Fulton-Champlain
2009 observances;
(5) support and facilitate marketing efforts for a commemorative coin,
a commemorative stamp, and related activities for the Hudson-Fulton-Champlain
2009 observances;
(6) assist in the appropriate development of heritage tourism and economic
benefits to the United States; and
(7) support and facilitate the related efforts of the Lake Champlain Basin
Program in the coordination of efforts to commemorate the voyage of Samuel
de Champlain.
SEC. 3. DEFINITIONS.
(1) COMMEMORATION- The term `commemoration' means the commemoration of--
(A) the 200th anniversary of Robert Fulton's voyage in the CLERMONT;
(B) the 400th anniversary of Henry Hudson's voyage in the HALF MOON;
and
(C) the 400th anniversary of Samuel de Champlain's voyage.
(2) COMMISSION- The term `Commission' means the Hudson-Fulton-Champlain
400th Commemoration Commission established by section 4(a).
(3) GOVERNORS- The term `Governors' means the Governors of the States
of New York and Vermont.
(4) LAKE CHAMPLAIN BASIN PROGRAM- The term `Lake Champlain Basin Program'
means the partnership with Federal agencies established by the States
of New York and Vermont under section 120 of the Federal Water Pollution
Control Act (33 U.S.C. 1270) to implement the Lake Champlain management
plan entitled `Opportunities for Action'.
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(6) STATES- The term `States'--
(A) means the States of New York and Vermont; and
(B) includes agencies and entities of each such State.
SEC. 4. HUDSON-FULTON-CHAMPLAIN 400TH COMMEMORATION COMMISSION.
(a) In General- The Secretary shall establish a commission to be known as
the `Hudson-Fulton-Champlain 400th Commemoration Commission'.
(1) IN GENERAL- The Commission shall be composed of 23 members, of whom--
(A) 2 members shall be appointed by the Secretary, after consideration
of the recommendations of the Governors;
(B) 8 members shall be appointed by the Secretary, after consideration
of the recommendations from the Members of the House of Representatives
whose districts encompass the Hudson River Valley and Champlain Valley;
(C) 4 members shall be appointed by the Secretary, after consideration
of the recommendations from the Members of the Senate from New York
and Vermont;
(D) 2 members shall be employees of the National Park Service, of whom--
(i) one shall be the Director of the National Park Service (or a designee);
and
(ii) one shall be an employee of the National Park Service having
experience relevant to the commemoration, who shall be appointed by
the Secretary;
(E) 3 members shall be appointed by the Secretary from among individuals
who have an interest in, support for, and expertise appropriate to,
the commemoration, of whom--
(i) one shall be knowledgeable of the Hudson River Valley National
Heritage Area;
(ii) one shall be knowledgeable of the Champlain Valley; and
(iii) one shall be knowledgeable of New York City as it relates to
the commemoration;
(F) one member shall be the chairperson of any commemorative commission
formed by New York, or the designee of the chairperson;
(G) one member shall be the chairperson of any commemorative commission
formed by Vermont, or the designee of the chairperson; and
(H) two members shall be appointed by the Secretary, after consideration
of the recommendation of the mayor of the City of New York and after
consultation with Members of the House of Representatives whose districts
encompass the City of New York.
(A) TERM- Each 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 in which 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.
(4) CHAIRPERSON AND VICE CHAIRPERSON-
(A) The Commission shall elect the chairperson and the vice chairperson
of the Commission on an annual basis.
(B) The vice chairperson shall serve as the chairperson in the absence
of the chairperson.
(5) QUORUM- A majority of voting members shall constitute a quorum, but
a lesser number may hold meetings.
(A) IN GENERAL- The Commission shall act only on an affirmative vote
of a majority of the voting members of the Commission.
(B) NONVOTING MEMBERS- The individuals appointed under subparagraphs
(F) and (G) of paragraph (1) shall be nonvoting members, and shall serve
only in an advisory capacity.
(1) IN GENERAL- The Commission shall--
(A) plan, develop, and execute programs and activities appropriate to
commemorate the 400th anniversary of the voyage of Henry Hudson, the
first European to sail up the Hudson River, the 200th anniversary of
the voyage of Robert Fulton, the first person to use steam navigation
on a commercial basis, the 400th anniversary of the voyage of Samuel
de Champlain, the first European to discover and explore Lake Champlain;
(B) facilitate Hudson-Fulton-Champlain-related activities throughout
the United States;
(C) coordinate its activities with State commemoration commissions and
appropriate Federal Government agencies, including the Departments of
Agriculture, Defense, State, and Transportation, the National Park Service
with respect to the Hudson River Valley National Heritage Area, and
the American Heritage Rivers Initiative Interagency Committee established
by Executive Order 13061, dated September 11, 1997, the Lake Champlain
Basin Program, and the National Endowment for the Humanities and the
National Endowment for the Arts;
(D) encourage civic, patriotic, historical, educational, artistic, 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 the voyages of Henry Hudson,
Robert Fulton, and Samuel de Champlain;
(E) provide technical assistance to States, localities, and nonprofit
organizations to further the commemoration;
(F) coordinate and facilitate for the public scholarly research on,
publication about, and interpretation of, the voyages of Henry Hudson,
Robert Fulton, and Samuel de Champlain;
(G) ensure that the Hudson-Fulton-Champlain 2009 anniversaries provide
a lasting legacy and long-term public benefit by assisting in the development
of appropriate programs and facilities;
(H) assist in ensuring that the observances of the voyages of Samuel
de Champlain and Henry Hudson are inclusive and appropriately recognize
the experiences and heritage of all people present when Samuel de Champlain
arrived in the Champlain Valley and Henry Hudson sailed the Hudson River;
and
(I) consult and coordinate with the Lake Champlain Basin Program and
other relevant organizations in the planning and development of programs
and activities for the commemoration of the voyage of Samuel de Champlain.
(2) STRATEGIC PLAN AND ANNUAL PERFORMANCE PLANS- The Commission shall
prepare a strategic plan in accordance with section 306 of title 5, United
States Code, and annual performance plans in accordance with section 1115
of title 31, United States Code, for the activities of the Commission
carried out under this Act.
(A) ANNUAL REPORT- The Commission shall submit to Congress an annual
report that contains a list of each gift, bequest, or devise with a
value of more than $250, together with the identity of the donor of
each such gift, bequest, or devise.
(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-
(1) IN GENERAL- The Commission may--
(A) solicit, accept, use, and dispose of gifts, bequests, or devises
of money or other real or personal property for the purpose of aiding
or facilitating the work of the Commission;
(B) appoint such advisory committees as the Commission determines to
be necessary to carry out this Act;
(C) authorize any member or employee of the Commission to take any action
that the Commission is authorized to take by this Act;
(D) 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 directly or with administrative assistance
from the Lake Champlain Basin Program shall not extend beyond the date
of the termination of the Commission);
(E) use the United States mails in the same manner and under the same
conditions as other Federal agencies;
(F) subject to approval by the Commission, make grants in amounts not
to exceed $20,000 to communities, nonprofit organizations, commemorative
commissions formed by the States to develop programs to assist in the
commemoration;
(G) make grants in amounts not to exceed $20,000 to research and scholarly
organizations to research, publish, or distribute information relating
to the early history of the voyages of Hudson, Fulton, and Champlain;
and
(H) provide technical assistance to the States, localities, and nonprofit
organizations to develop programs and facilities to further the commemoration.
(2) COORDINATION AND CONSULTATION WITH LAKE CHAMPLAIN BASIN PROGRAM- The
Commission shall coordinate and consult with the Lake Champlain Basin
Program in providing grants and technical assistance under subparagraphs
(F), (G), and (H) of paragraph (1) for the conduct of activities relating
to the commemoration of the voyage of Samuel de Champlain.
(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 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 AND LAKE CHAMPLAIN BASIN PROGRAM 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 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, and
shall transfer all documents and materials of the Commission to the National
Archives or other appropriate Federal entity.
SEC. 5. AUDIT OF COMMISSION.
The Inspector General of the Department of the Interior shall perform an
annual audit of the Commission and shall make the results of the audit available
to the public.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $750,000 for each of fiscal years
2006 through 2011 to carry out this Act, of which--
(1) 23 percent shall be for New York activities relating to the Samuel
de Champlain commemoration;
(2) 23 percent shall be for Vermont activities relating to the Samuel
de Champlain commemoration;
(3) 32 percent shall be for Hudson Valley activities relating to the commemoration
(as defined in section 3);
(4) 12 percent shall be for New York City activities relating to the commemoration
(as defined in section 3); and
(5) 10 percent shall be for distribution by the Commission in accordance
with this Act for activities relating to the commemoration (as defined
in section 3).
END
