[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 322 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 322

To establish the Champlain Valley National Heritage Partnership in the 
        States of Vermont and New York, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 8, 2005

 Mr. Jeffords (for himself, Mr. Leahy, Mrs. Clinton, 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 Champlain Valley National Heritage Partnership in the 
        States of Vermont and 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.

    This Act may be cited as the ``Champlain Valley National Heritage 
Partnership Act of 2005''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Champlain Valley and its extensive cultural and 
        natural resources have played a significant role in the history 
        of the United States and the individual States of Vermont and 
        New York;
            (2) archaeological evidence indicates that the Champlain 
        Valley has been inhabited by humans since the last retreat of 
        the glaciers, with the Native Americans living in the area at 
        the time of European discovery being primarily of Iroquois and 
        Algonquin descent;
            (3) the linked waterways of the Champlain Valley, including 
        the Richelieu River in Canada, played a unique and significant 
        role in the establishment and development of the United States 
        and Canada through several distinct eras, including--
                    (A) the era of European exploration, during which 
                Samuel de Champlain and other explorers used the 
                waterways as a means of access through the wilderness;
                    (B) the era of military campaigns, including highly 
                significant military campaigns of the French and Indian 
                War, the American Revolution, and the War of 1812; and
                    (C) the era of maritime commerce, during which 
                canals boats, schooners, and steamships formed the 
                backbone of commercial transportation for the region;
            (4) those unique and significant eras are best described by 
        the theme ``The Making of Nations and Corridors of Commerce'';
            (5) the artifacts and structures associated with those eras 
        are unusually well-preserved;
            (6) the Champlain Valley is recognized as having one of the 
        richest collections of historical resources in North America;
            (7) the history and cultural heritage of the Champlain 
        Valley are shared with Canada and the Province of Quebec;
            (8) there are benefits in celebrating and promoting this 
        mutual heritage;
            (9) tourism is among the most important industries in the 
        Champlain Valley, and heritage tourism in particular plays a 
        significant role in the economy of the Champlain Valley;
            (10) it is important to enhance heritage tourism in the 
        Champlain Valley while ensuring that increased visitation will 
        not impair the historical and cultural resources of the region;
            (11) according to the 1999 report of the National Park 
        Service entitled ``Champlain Valley Heritage Corridor 
        Project'', ``the Champlain Valley contains resources and 
        represents a theme `The Making of Nations and Corridors of 
        Commerce', that is of outstanding importance in U.S. history''; 
        and
            (12) it is in the interest of the United States to preserve 
        and interpret the historical and cultural resources of the 
        Champlain Valley for the education and benefit of present and 
        future generations.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish the Champlain Valley National Heritage 
        Partnership in the States of Vermont and New York to recognize 
        the importance of the historical, cultural, and recreational 
        resources of the Champlain Valley region to the United States;
            (2) to assist the State of Vermont and New York, including 
        units of local government and nongovernmental organizations in 
        the States, in preserving, protecting, and interpreting those 
        resources for the benefit of the people of the United States;
            (3) to use those resources and the theme ``The Making of 
        Nations and Corridors of Commerce'' to--
                    (A) revitalize the economy of communities in the 
                Champlain Valley; and
                    (B) generate and sustain increased levels of 
                tourism in the Champlain Valley;
            (4) to encourage--
                    (A) partnerships among State and local governments 
                and nongovernmental organizations in the United States; 
                and
                    (B) collaboration with Canada and the Province of 
                Quebec to--
                            (i) interpret and promote the history of 
                        the waterways of the Champlain Valley region;
                            (ii) form stronger bonds between the United 
                        States and Canada; and
                            (iii) promote the international aspects of 
                        the Champlain Valley region; and
            (5) to provide financial and technical assistance for the 
        purposes described in paragraphs (1) through (4).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage partnership.--The term ``Heritage 
        Partnership'' means the Champlain Valley National Heritage 
        Partnership established by section 4(a).
            (2) Management entity.--The term ``management entity'' 
        means the Lake Champlain Basin Program.
            (3) Management plan.--The term ``management plan'' means 
        the management plan developed under section 4(b)(B)(i).
            (4) Region.--
                    (A) In general.--The term ``region'' means any area 
                or community in 1 of the States in which a physical, 
                cultural, or historical resource that represents the 
                theme is located.
                    (B) Inclusions.--The term ``region'' includes
                            (i) the linked navigable waterways of--
                                    (I) Lake Champlain;
                                    (II) Lake George;
                                    (III) the Champlain Canal; and
                                    (IV) the portion of the Upper 
                                Hudson River extending south to 
                                Saratoga;
                            (ii) portions of Grand Isle, Franklin, 
                        Chittenden, Addison, Rutland, and Bennington 
                        Counties in the State of Vermont; and
                            (iii) portions of Clinton, Essex, Warren, 
                        Saratoga and Washington Counties in the State 
                        of New York.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--the term ``State'' means--
                    (A) the State of Vermont; and
                    (B) the State of New York.
            (7) Theme.--The term ``theme'' means the theme ``The Making 
        of Nations and Corridors of Commerce'', as the term is used in 
        the 1999 report of the National Park Service entitled 
        ``Champlain Valley Heritage Corridor Project'', that describes 
        the periods of international conflict and maritime commerce 
        during which the region played a unique and significant role in 
        the development of the United States and Canada.

SEC. 4. HERITAGE PARTNERSHIP.

    (a) Establishment.--There is established in the regional the 
Champlain Valley National Heritage Partnership.
    (b) Management Entity.--
            (1) Duties.--
                    (A) In general.--The management entity shall 
                implement the Act.
                    (B) Management plan.--
                            (i) In general.--Not later than 3 years 
                        after the date of enactment of this Act, the 
                        management entity shall develop a management 
                        plan for the Heritage Partnership.
                            (ii) Existing plan.--Pending the completion 
                        and approval of the management plan, the 
                        management entity may implement the provisions 
                        of this Act based on its federally authorized 
                        plan ``Opportunities for Action, an Evolving 
                        Plan For Lake Champlain''.
                            (iii) Contents.--The management plan shall 
                        include--
                                    (I) recommendations for funding, 
                                managing, and developing the Heritage 
                                Partnership;
                                    (II) a description of activities to 
                                be carried out by public and private 
                                organizations to protect the resources 
                                of the Heritage Partnership;
                                    (III) a list of specific, potential 
                                sources of funding for the protection, 
                                management, and development of the 
                                Heritage Partnership;
                                    (IV) an assessment of the 
                                organizational capacity of the 
                                management entity to achieve the goals 
                                for implementation; and
                                    (V) recommendations of ways in 
                                which to encourage collaboration with 
                                Canada and the Province of Quebec in 
                                implementing this Act.
                            (iv) Considerations.--In developing the 
                        management plan under clause (i), the 
                        management entity shall take into consideration 
                        existing Federal, State, and local plans 
                        relating to the region.
                            (v) Submission to secretary for approval.--
                                    (I) In general.--Not later than 3 
                                years after the date of enactment of 
                                this Act, the management entity shall 
                                submit the management plan to the 
                                Secretary for approval.
                                    (II) Effect of failure to submit.--
                                If a management plan is not submitted 
                                to the Secretary by the date specified 
                                in paragraph (I), the Secretary shall 
                                not provide any additional funding 
                                under this Act until a management plan 
                                for the Heritage Partnership is 
                                submitted to the Secretary.
                            (vi) Approval.--Not later than 90 days 
                        after receiving the management plan submitted 
                        under subparagraph (V)(I), the Secretary, in 
                        consultation with the States, shall approve or 
                        disapprove the management plan.
                            (vii) Action following disapproval.--
                                    (I) General.--If the Secretary 
                                disapproves a management plan under 
                                subparagraph (vi), the Secretary 
                                shall--
                                            (aa) advise the management 
                                        entity in writing of the 
                                        reasons for the disapproval;
                                            (bb) make recommendations 
                                        for revisions to the management 
                                        plan; and
                                            (cc) allow the management 
                                        entity to submit to the 
                                        Secretary revisions to the 
                                        management plan.
                                    (II) Deadline for approval of 
                                revision.--Not later than 90 days after 
                                the date on which a revision is 
                                submitted under subparagraph 
                                (vii)(I)(cc), the Secretary shall 
                                approve or disapprove the revision.
                            (viii) Amendment.--
                                    (I) In general.--After approval by 
                                the Secretary of the management plan, 
                                the management entity shall 
                                periodically--
                                            (aa) review the management 
                                        plan; and
                                            (bb) submit to the 
                                        Secretary, for review and 
                                        approval by the Secretary, the 
                                        recommendations of the 
                                        management entity for any 
                                        amendments to the management 
                                        plan that the management entity 
                                        considers to be appropriate.
                                    (II) Expenditure of funds.--No 
                                funds made available under this Act 
                                shall be used to implement any 
                                amendment proposed by the management 
                                entity under subparagraph (viii)(1) 
                                until the Secretary approves the 
                                amendments.
            (2) Partnerships.--
                    (A) In general.--In carrying out this Act, the 
                management entity may enter into partnerships with--
                            (i) the States, including units of local 
                        governments in the States;
                            (ii) nongovernmental organizations;
                            (iii) Indian Tribes; and
                            (iv) other persons in the Heritage 
                        Partnership.
                    (B) Grants.--Subject to the availability of funds, 
                the management entity may provide grants to partners 
                under subparagraph (A) to assist in implementing this 
                Act.
            (3) Prohibition on the acquisition of real property.--The 
        management entity shall not use Federal funds made available 
        under this Act to acquire real property or any interest in real 
        property.
    (c) Assistance From Secretary.--To carry out the purposes of this 
Act, the Secretary may provide technical and financial assistance to 
the management entity.

SEC. 5. EFFECT.

    Nothing in this Act--
            (1) grants powers of zoning or land use to the management 
        entity;
            (2) modifies, enlarges, or diminishes the authority of the 
        Federal Government or a State or local government to manage or 
        regulate any use of land under any law (including regulations); 
        or
            (3) obstructs or limits private business development 
        activities or resource development activities.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act not more than a total of $10,000,000, of which not more 
than $1,000,000 may be made available for any fiscal year.
    (b) Non-Federal Share.--The non-Federal share of the cost of any 
activities carried out using Federal funds made available under 
subsection (a) not be less than 50 percent.

SEC. 7. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this Act 
terminates on the date that is 15 years after the date of enactment of 
this Act.
                                 <all>