[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5375 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 5375
To establish the Erie Canalway National Heritage Corridor in the State
of New York, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 3, 2000
Mr. Walsh (for himself, Mr. Boehlert, Mr. Gilman, Mr. Reynolds, Mr.
Quinn, Mr. Lazio, Mr. Houghton, Mr. McHugh, and Mr. Sweeney) introduced
the following bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To establish the Erie Canalway National Heritage Corridor in the State
of New York, 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; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Erie Canalway
National Heritage Corridor Act''.
(b) Definitions.--For the purposes of this Act, the following
definitions shall apply:
(1) Erie canalway.--The term ``Erie Canalway'' means the
524 miles of navigable canal that comprise the New York State
Canal System, including the Erie, Cayuga and Seneca, Oswego,
and Champlain Canals and the historic alignments of these
canals, including the cities of Albany and Buffalo.
(2) Canalway plan.--The term ``Canalway Plan'' means the
comprehensive preservation and management plan for the Corridor
required under section 6.
(3) Commission.--The term ``Commission'' means the Erie
Canalway National Heritage Corridor Commission established
under section 4.
(4) Corridor.--The term ``Corridor'' means the Erie
Canalway National Heritage Corridor established under section
3.
(5) Governor.--The term ``Governor'' means the Governor of
the State of New York.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the year 2000 marks the 175th Anniversary of New York
State's creation and stewardship of the Erie Canalway for
commerce, transportation and recreational purposes,
establishing the network which made New York the ``Empire
State'' and the Nation's premier commercial and financial
center;
(2) the canals and adjacent areas that comprise the Erie
Canalway are a nationally significant resource of historic and
recreational value, which merit Federal recognition and
assistance;--
(3) the Erie Canalway was instrumental in the establishment
of strong political and cultural ties between New England,
upstate New York and the old Northwest and facilitated the
movement of ideas and people ensuring that social reforms like
the abolition of slavery and the women's rights movement spread
across upstate New York to the rest of the country;
(4) the construction of the Erie Canalway was considered a
supreme engineering feat, and most American canals were modeled
after New York State's canal;
(5) at the time of construction, the Erie Canalway was the
largest public works project ever undertaken by a state,
resulting in the creation of critical transportation and
commercial routes to transport passengers and goods;
(6) the Erie Canalway played a key role in turning New York
City into a major port and New York State into the preeminent
center for commerce, industry, and finance in North America and
provided a permanent commercial link between the Port of New
York and the cities of eastern Canada, a cornerstone of the
peaceful relationship between the two countries;
(7) the Erie Canalway proved the depth and force of
American ingenuity, solidified a national identity, and found
an enduring place in American legend, song, and art;
(8) there is national interest in the preservation and
interpretation of the Erie Canalway's important historical,
natural, cultural, and scenic resources; and
(9) partnerships among Federal, State, and local
governments and their regional entities, nonprofit
organizations, and the private sector offer the most effective
opportunities for the preservation and interpretation of the
Erie Canalway.
(b) Purposes.--The purposes of this Act are--
(1) to designate the Erie Canalway National Heritage
Corridor;
(2) to provide for and assist in the identification,
preservation, promotion, maintenance and interpretation of the
historical, natural, cultural, scenic, and recreational
resources of the Erie Canalway in ways that reflect its
national significance for the benefit of current and future
generations;
(3) to promote and provide access to the Erie Canalway's
historical, natural, cultural, scenic and recreational
resources;
(4) to provide a framework to assist the State of New York,
its units of local government, and the communities within the
Erie Canalway in the development of integrated cultural,
historical, recreational, economic, and community development
programs in order to enhance and interpret the unique and
nationally significant resources of the Erie Canalway; and
(5) to authorize Federal financial and technical assistance
to the Commission to serve these purposes for the benefit of
the people of the State of New York and the nation.
SEC. 3. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.
(a) Establishment.--To carry out the purposes of this Act there is
established the Erie Canalway National Heritage Corridor in the State
of New York.
(b) Boundaries.--The boundaries of the Corridor shall include those
lands generally depicted on a map entitled ``Boundaries of Canalway
Communities'' numbered ERCA ____ and dated ____. This map shall be on
file and available for public inspection in the appropriate office of
the National Park Service, the office of the Commission, and the office
of the New York State Canal Corporation in Albany, New York.
(c) Boundary Revisions.--The boundaries of the Corridor may be
revised by an amendment to this Act pursuant to the request of the
Secretary upon approval of the Commission.
(d) Ownership and Operation of the New York State Canal System.--
Nothing in this Act shall be construed to alter the ownership,
operation, or management of the New York State Canal System.
SEC. 4. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR COMMISSION.
(a) Establishment.--There is established the Erie Canalway National
Heritage Corridor Commission. The purpose of the Commission shall be--
(1) to work with Federal, State, and local authorities to
develop and implement the Canalway Plan; and
(2) to foster the integration of canal-related historical,
cultural, recreational, scenic, economic and community
development initiatives within the Corridor.
(b) Membership.--The Commission shall be composed of 27 members as
follows:
(1) The Secretary of the Interior, ex-officio or the
Secretary's designee.
(2) 7 members, each of whom represents 1 of the following
agencies or those agencies' successors: The New York State
Secretary of State, the Commissioners of the New York State
Department of Environmental Conservation, the New York State
Office of Parks, Recreation and Historic Preservation, the New
York State Department of Agriculture and Markets, the New York
State Department of Transportation, and the Chairpersons of the
New York State Canal Corporation, and the Empire State
Development Corporation; or their respective designees.
(3) The remaining 19 members who reside within the Corridor
and are geographically dispersed throughout the Corridor shall
be from local governments and the private sector with knowledge
of tourism, economic and community development, regional
planning, historic preservation, cultural or natural resource
management, conservation, recreation, and education or museum
services. These members will be appointed by the Governor no
later than 6 months after the date of enactment of this Act as
follows;
(A) 10 members based on a recommendation from each
member of the United States House of Representatives
whose district shall encompass the Corridor. Each shall
be a resident of the district from which they shall be
recommended.
(B) 2 members based on a recommendation from each
United States Senator from New York State.
(C) 7 members who shall be residents of any county
constituting the Corridor. One such member shall be a
member of the Canal Recreationway Commission other than
an ex-officio member.
(c) Appointments and Vacancies.--Members of the Commission other
than ex-officio members shall be appointed for terms of 3 years. Of the
original appointments, 6 shall be for a term of 1 year, 6 shall be for
a term of 2 years and 7 shall be for a term of 3 years. Any member of
the Commission appointed for a definite term may serve after expiration
of the term until the successor of the member is appointed. Any member
appointed to fill a vacancy shall serve for the remainder of the term
for which the predecessor was appointed. Any vacancy on the Commission
shall be filled in the same manner in which the original appointment
was made.
(d) Compensation.--Members of the Commission shall receive no
compensation for their service on the Commission. Members of the
Commission, other than employees of the State and Canal Corporation,
while away from their homes or regular places of business to perform
services for the Commission, shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner as
persons employed intermittently in Government service are allowed under
section 5703 of title 5, United States Code.
(e) Election of Offices.--The Commission shall elect the
chairperson and the vice chairperson on an annual basis. The vice
chairperson shall serve as the chairperson in the absence of the
chairperson.
(f) Quorum and Voting.--14 members of the Commission shall
constitute a quorum but a lesser number may hold hearings. Any member
of the Commission may vote by means of a signed proxy exercised by
another member of the Commission, however, any member voting by proxy
shall not be considered present for purposes of establishing a quorum.
For the transaction of any business or the exercise of any power of the
Commission, the Commission shall have the power to act by a majority
vote of the members present at any meeting at which a quorum is in
attendance.
(g) Meetings.--The Commission shall meet at least quarterly at the
call of the chairperson or 14 of its members. Notice of Commission
meetings and agendas for the meetings shall be published in local
newspapers throughout the Corridor. Meetings of the Commission shall be
subject to section 552b of title 5, United States Code (relating to
open meetings).
(h) Powers of the Commission.--To the extent that Federal funds are
appropriated, the Commission is authorized--
(1) to procure temporary and intermittent services and
administrative facilities at rates determined to be reasonable
by the Commission to carry out the responsibilities of the
Commission;
(2) to request and accept the services of personnel
detailed from the State of New York or any political
subdivision, and to reimburse the State or political
subdivision for such services;
(3) to request and accept the services of any Federal
agency personnel, and to reimburse the Federal agency for such
services;
(4) to appoint and fix the compensation of staff to carry
out its duties;
(5) to enter into cooperative agreements with the State of
New York, with any political subdivision of the State, or any
person for the purposes of carrying out the duties of the
Commission;
(6) to make grants to assist in the preparation and
implementation of the Canalway Plan;
(7) to seek, accept, and dispose of gifts, bequests,
grants, or donations of money, personal property, or services,
received from any source. For purposes of section 170(c) of the
Internal Revenue Code of 1986, any gift to the Commission shall
be deemed to be a gift to the United States;
(8) to assist others in developing educational,
informational, and interpretive programs and facilities, and
other such activities that may promote the implementation of
the Canalway Plan;
(9) to hold hearings, sit and act at such times and places,
take such testimony, and receive such evidence, as the
Commission may consider appropriate; the Commission may not
issue subpoenas or exercise any subpoena authority;
(10) to use the United States mails in the same manner as
other departments or agencies of the United States;
(11) to request and receive from the Administrator of
General Services, on a reimbursable basis, such administrative
support services as the Commission may request; and
(12) to establish such advisory groups as the Commission
deems necessary.
(i) Acquisition of Property.--Except as provided for leasing
administrative facilities under subsection (h)(1), the Commission may
not acquire any real property or interest in real property.
(j) Termination.--The Commission and this Act shall terminate on
the day occurring 10 years after the date of the enactment of this Act.
SEC. 5. DUTIES OF THE COMMISSION.
(a) Preparation of Canalway Plan.--Not later than 3 years after the
Commission receives Federal funding for this purpose, the Commission
shall prepare and submit a comprehensive preservation and management
Canalway Plan for the Corridor to the Secretary and the Governor for
review and approval. In addition to the requirements outlined for the
Canalway Plan in section 6, the Canalway Plan shall incorporate and
integrate existing federal, state, and local plans to the extent
appropriate regarding historic preservation, conservation, education
and interpretation, community development, and tourism-related economic
development for the Corridor that are consistent with the purposes of
this Act. The Commission shall solicit public comment on the
development of the Canalway Plan.
(b) Implementation of Canalway Plan.--After the Commission receives
Federal funding for this purpose, and after review and upon approval of
the Canalway Plan by the Secretary and the Governor, the Commission
shall--
(1) undertake actions to implement the Canalway Plan so as
to assist the people of the State of New York in enhancing and
interpreting the historical, cultural, educational, natural,
scenic, and recreational potential of the Corridor identified
in the Canalway Plan; and
(2) support public and private efforts in conservation and
preservation of the Canalway's cultural and natural resources
and economic revitalization consistent with the goals of the
Canalway Plan.
(c) Priority Actions.--Priority actions which may be carried out by
the Commission under subsection (b) may include--
(1) assisting in the appropriate preservation treatment of
the remaining elements of the original Erie Canal;
(2) assisting the National Park Service, the State, and
local governments, and nonprofit organizations in designing,
establishing and maintaining visitor centers, museums, and
other interpretive exhibits in the Corridor;
(3) assisting in the public awareness and appreciation for
the historic, cultural, natural, scenic, and recreational
resources and sites in the Corridor;
(4) assisting the State of New York, local governments, and
nonprofit organizations in the preservation and restoration of
any historic building, site, or district in the Corridor;
(5) encouraging, by appropriate means, enhanced economic
development in the Corridor consistent with the goals of the
Canalway Plan and the purposes of this Act; and
(6) ensuring that clear, consistent signs identifying
access points and sites of interest are put in place in the
Corridor.
(c) Annual Reports and Audits.--For any year in which Federal funds
have been received under this Act, the Commission shall submit an
annual report and shall make available an audit of all relevant records
to the Governor and the Secretary identifying its expenses and any
income, the entities to which any grants or technical assistance were
made during the year for which the report was made, and contributions
by other parties toward achieving Corridor purposes.
SEC. 6. CANALWAY PLAN.
(a) Canalway Plan Requirements.--The Canalway Plan shall--
(1) include a review of existing plans for the Corridor,
including the Canal Recreationway Plan and Canal Revitalization
Program, and incorporate them to the extent feasible to ensure
consistency with local, regional and state planning efforts;
(2) provide a strategy for the thematic inventory, survey,
and evaluation of historic properties that should be conserved,
restored, developed, or maintained because of their natural,
cultural, or historic significance within the Corridor in
accordance with the regulations for the National Register of
Historic Places;
(3) identify public and private-sector preservation goals
and strategies for the Corridor;
(4) include a comprehensive interpretive plan that
identifies, develops, supports, and enhances interpretation and
education programs within the Corridor that may include--
(A) research related to the construction and
history of the canals and the cultural heritage of the
canal workers, their families, those that traveled
along the canals, the associated farming activities,
the landscape, and the communities;
(B) documentation of and methods to support the
perpetuation of music, art, poetry, literature and
folkways associated with the canals; and
(C) educational and interpretative programs related
to the Erie Canalway developed in cooperation with
State and local governments, educational institutions,
and nonprofit institutions;
(5) include a strategy to further the recreational
development of the Corridor that will enable users to uniquely
experience the canal system;
(6) propose programs to protect, interpret and promote the
Corridor's historical, cultural, recreational, educational,
scenic and natural resources;
(7) include a plan to inventory canal related natural,
cultural and historic sites and resources located in the Area;
(8) recommend Federal, State, and local strategies and
policies to support economic development, especially tourism-
related development and recreation, consistent with the
purposes of the Corridor;
(9) develop criteria and priorities for financial
preservation assistance;
(10) identify and foster strong cooperative relationships
between the National Park Service, the New York State Canal
Corporation, other Federal and State agencies, and
nongovernmental organizations;
(11) recommend specific areas to the National Park Service
for development of interpretive, educational, and technical
assistance centers associated with the Corridor; and
(12) contain a program for implementation of the Canalway
Plan by all necessary parties.
(b) Approval of the Canalway Plan.--The Secretary and the Governor
shall approve or disapprove the Canalway Plan not later than 90 days
after receiving the Canalway Plan.
(c) Disapproval of Canalway Plan.--If the Secretary or the Governor
do not approve the Canalway Plan, the Secretary or the Governor shall
advise the Commission in writing within 90 days the reasons therefor
and shall indicate any recommendations for revisions. Following
completion of any necessary revisions of the Canalway Plan, the
Secretary and the Governor shall have 90 days to either approve or
disapprove of the revised Canalway Plan.
(d) Amendments to Canalway Plan.--The Secretary and the Governor
shall review substantial amendments to the Canalway Plan. Funds
appropriated pursuant to this Act may not be expended to implement the
changes made by such amendments until the Secretary and the Governor
approves the amendments.
SEC. 7. DUTIES OF THE SECRETARY.
(a) In General.--The Secretary is authorized to assist the
Commission in the preparation of the Canalway Plan with a focus on the
comprehensive interpretive plan as required under section 6(a)(4).
(b) Technical Assistance.--Pursuant to an approved Canalway Plan,
the Secretary is authorized to enter into cooperative agreements with,
provide technical assistance to and award grants to the Commission to
provide for the preservation and interpretation of the natural,
cultural, historical, recreational, and scenic resources of the
Corridor.
(c) Early Actions.--Prior to approval of the Canalway Plan, with
the approval of the Commission, the Secretary may provide technical and
financial assistance for early actions that are important to the
purposes of this Act and that protect and preserve resources and to
undertake an educational and interpretive program of the story and
history of the Erie Canalway.
(d) Canalway Plan Implementation.--Upon approval of the Canalway
Plan, the Secretary is authorized to implement those activities that
the Canalway Plan has identified that are the responsibility of the
Secretary or agent of the Secretary to undertake in the implementation
of the Canalway Plan.
(e) Detail.--Each fiscal year during the existence of the
Commission and upon the request 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 with regard to the preparation and approval of
the Canalway Plan. Such detail shall be without interruption or loss of
civil service status, benefits, or privileges.
(f) Report.--Not later than 2 years after the approval of the
Canalway Plan, the Secretary shall submit to Congress a report
recommending whether the educational and interpretive sites identified
by the Commission meet the criteria for designation as a unit of the
National Park System as required by Public Law 105-391 (112 Stat. 3501;
16 U.S.C.1a-5 note).
SEC. 9. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting any activity directly
affecting the Corridor, and any unit of government acting pursuant to a
grant of Federal funds or a Federal permit or agreement conducting or
supporting such activities, may--
(1) consult with the Secretary and the Commission with
respect to such activities;
(2) cooperate with the Secretary and the Commission in
carrying out their duties under this Act and coordinate such
activities with the carrying out of such duties; and
(3) conduct or support such activities in a manner
consistent with the Canalway Plan unless the Federal entity,
after consultation with the Secretary and the Commission,
determines there is no practicable alternative.
SEC. 10. SAVINGS PROVISIONS.
(a) Authority of Governments.--Nothing in this Act shall be
construed to modify, enlarge, or diminish any authority of the Federal,
State, or local governments to regulate any use of land as provided for
by law or regulation.
(b) Zoning or Land.--Nothing in this Act shall be construed to
grant powers of zoning or land use to the Commission.
(c) Local Authority and Private Property.--Nothing in this Act
shall be construed to affect or to authorize the Commission to
interfere with--
(1) the rights of any person with respect to private
property;
(2) any local zoning ordinance or land use plan of the
State of New York or political subdivision thereof; or
(3) any State or local canal related development plans
including but not limited to the Canal Recreationway Plan and
the Canal Revitalization Program.
(d) Fish and Wildlife.--The designation of the Corridor shall not
diminish the authority of the State of New York to manage fish and
wildlife, including the regulation of fishing and hunting within the
Corridor.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) Corridor.--There is authorized to be appropriated for
the Corridor not more than $1,000,000 for any fiscal year, to
remain available until expended. Not more than a total of
$10,000,000 may be appropriated for the Corridor under this
Act.
(2) Commission.--Additionally, there is authorized to be
appropriated to the Commission not more than $250,000 annually
to carry out the duties of the Commission.
(b) Other Funding.--In addition to the sums authorized in
subsection (a), there are authorized to be appropriated to the
Secretary of the Interior such sums as are necessary for the Secretary
to undertake interim actions the Secretary is authorized to undertake
and that are necessary for the Secretary to implement the
responsibilities of the Department of the Interior outlined in the
Canalway Plan.
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