[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5015 Introduced in House (IH)]
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.
(b) Purpose.--
(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.
In this Act:
(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.
(6) State.--
(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''.
(b) Membership.--
(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.
(2) Term; vacancies.--
(A) Term.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--
(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.
(3) Meetings.--
(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) Voting.--
(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.
(c) Duties.--
(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.
(2) Plans; reports.--
(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.
(2) Staff.--
(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.
(3) Compensation.--
(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.--
(A) Federal 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.
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