1.This Act may be cited as the
Champlain Valley National Heritage
Partnership Act of 2005
.
2.
(a)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)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).
3.In this Act:
(1)The term Heritage Partnership means the
Champlain Valley National Heritage Partnership established by section
4(a).
(2)The term management entity means the Lake
Champlain Basin Program.
(3)The term management plan means the management
plan developed under section 4(b)(B)(i).
(4)
(A)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)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)The
term Secretary means the Secretary of the Interior.
(6)the
term State means—
(A)the State of
Vermont; and
(B)the State of New
York.
(7)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.
4.
(a)There
is established in the regional the Champlain Valley National Heritage
Partnership.
(b)
(1)
(A)The management entity shall implement the Act.
(B)
(i)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)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)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)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)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 submitIf 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)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)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 revisionNot 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)
(I)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)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)
(A)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)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 propertyThe 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
SecretaryTo carry out the purposes of this Act, the Secretary
may provide technical and financial assistance to the management entity.
5.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.
6.Authorization of
appropriations
(a)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)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.
7.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.