[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3154 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3154

To establish the Erie Canalway National Heritage Corridor in the State 
                  of New York, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 3 (legislative day, September 22), 2000

  Mr. Moynihan (for himself and Mr. Schumer) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural 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 of 2000''.
    (b) Definitions.--For the purposes of this Act, the following 
definitions shall apply:
            (1) Erie canalway.--The term ``Erie Canalway'' shall mean 
        the 524 miles of navigable canal that comprise the New York 
        State Canal System, including the Erie, Cayuga and Seneca, 
        Oswego and Champlain canals, as well as, the historic 
        alignments of these canals including the cities of Albany and 
        Buffalo.
            (2) Canalway plan.--The term ``Canalway Plan'' shall mean 
        the comprehensive preservation and management plan for the 
        Corridor required under section 6.
            (3) Commission.--The term ``Commission'' shall mean the 
        Erie Canalway National Heritage Corridor Commission established 
        under section 4.
            (4) Corridor.--The term ``Corridor'' shall mean the Erie 
        Canalway National Heritage Corridor established under section 
        3.
            (5) Governor.--The term ``Governor'' shall mean the 
        Governor of the State of New York.
            (6) Secretary.--The term ``Secretary'' shall mean 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 his/her 
        designee.
            (2) Seven 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) Ten 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) Two members based on a recommendation from each 
                United States Senator from New York State.
                    (C) Seven 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, six shall be for a term of one year, six shall 
be for a term of two years and seven shall be for a term of three 
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.--Fourteen 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;
            (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;
            (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 non-profit 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 non-
        governmental 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.--After the date of the enactment of this Act, 
but 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/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 of the Interior to implement 
the responsibilities of the Department of the Interior outlined in the 
Canalway Plan.
                                 <all>