[Congressional Record (Bound Edition), Volume 146 (2000), Part 16]
[House]
[Pages 23965-23970]
[From the U.S. Government Publishing Office, www.gpo.gov]



              ERIE CANALWAY NATIONAL HERITAGE CORRIDOR ACT

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5375) to establish the Erie Canalway National Heritage 
Corridor in the State of New York, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 5375

       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.--Congress finds the following:
       (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.
       (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 as follows:
       (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.
       (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 the map entitled 
     ``Erie Canalway National Heritage Area'' numbered ERIE/80,000 
     and dated October 2000. 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) 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.

[[Page 23966]]



     SEC. 4. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR 
                   COMMISSION.

       (a) Establishment.--There is established the Erie Canalway 
     National Heritage Corridor Commission. The purposes of the 
     Commission are as follows:
       (1) To work with Federal, State, and local authorities to 
     develop and implement the Canalway Plan.
       (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, as an ex-officio member, or the 
     Secretary's designee.
       (2) 7 members or designees, each of whom represents 1 of 
     the following or their successors:
       (A) The New York State Secretary of State.
       (B) The Commissioners of the following:
       (i) The New York State Department of Environmental 
     Conservation.
       (ii) The New York State Office of Parks, Recreation and 
     Historic Preservation.
       (iii) The New York State Department of Agriculture and 
     Markets.
       (iv) The New York State Department of Transportation.
       (C) The Chairperson of the New York State Canal 
     Corporation.
       (D) The Chairperson of the Empire State Development 
     Corporation.
       (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) One member from each of the United States Congressional 
     districts which are part of the Corridor. The appointment for 
     each district shall be based on recommendations from the 
     member of the United States House of Representatives for that 
     district. Each person appointed to the Commission under this 
     subparagraph shall be a resident of the district from which 
     they shall be recommended.
       (B) 2 members based on recommendations from each United 
     States Senator from New York State.
       (C) The remainder of the 19 members shall be residents of 
     any county in which the Corridor is located. One such member 
     shall be a member of the Canal Recreationway Commission other 
     than an ex-officio member.
       (c) Appointments and Vacancies.--Except for original 
     appointment, 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 Officers.--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 under section 10(a), the Commission is 
     authorized to do the following:
       (1) 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) 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) Request and accept the services of any Federal agency 
     personnel, and to reimburse the Federal agency for such 
     services.
       (4) Appoint and fix the compensation of staff to carry out 
     its duties.
       (5) Enter into cooperative agreements with Federal 
     agencies, 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) Make grants to assist in the preparation and 
     implementation of the Canalway Plan.
       (7) 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) 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) 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) Use the United States mails in the same manner as 
     other departments or agencies of the United States.
       (11) Request and receive from the Administrator of General 
     Services, on a reimbursable basis, such administrative 
     support services as the Commission may request.
       (12) 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 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 under section 
     10(a), 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 under section 10(a), 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) include 
     the following:
       (1) Assisting in the appropriate preservation treatment of 
     the remaining elements of the original Erie Canal.
       (2) Assisting the National Park Service, the State, local 
     governments, or 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.
       (6) Ensuring that clear, consistent signs identifying 
     access points and sites of interest are put in place in the 
     Corridor.
       (d) 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

[[Page 23967]]

     the Governor and the Secretary identifying its expenses, 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 those plans, to the 
     extent feasible, to ensure consistency with local, regional, 
     and State planning efforts;
       (2) provide a strategy for and conduct a 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 interpretive 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) include programs designed to adequately protect, 
     interpret, and promote the Corridor's significant historical, 
     cultural, recreational, educational, scenic, and natural 
     resources;
       (7) include an inventory of 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 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) Criteria.--The Secretary may not approve the plan 
     unless the Secretary finds that the plan, if implemented, 
     would adequately protect the significant historical, 
     cultural, natural, and recreational resources of the Corridor 
     and, consistent with such protection, provide adequate and 
     appropriate outdoor recreational opportunities and economic 
     activities within the Corridor. In determining whether or not 
     to approve the Canalway Plan, the Secretary shall consider 
     whether--
       (1) the Commission has afforded adequate opportunity, 
     including public hearings, for public and governmental 
     involvement in the preparation of the Canalway Plan; and
       (2) the Secretary has received adequate assurances from the 
     Governor and appropriate State officials that the recommended 
     implementation program identified in the plan will be 
     initiated within a reasonable time after the date of approval 
     of the Canalway Plan and such program will ensure effective 
     implementation of State and local aspects of the Canalway 
     Plan.
       (d) Disapproval of Canalway Plan.--If the Secretary or the 
     Governor does 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 the revised Canalway Plan.
       (e) 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 changes made by such amendments until 
     the Secretary and the Governor approve 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, if 
     requested by the Commission.
       (c) Early Actions.--Prior to approval of the Canalway Plan, 
     with the approval of the Commission, the Secretary may 
     provide technical, planning, 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 as 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. 8. 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. 9. 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 Use.--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. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--
       (1) Corridor.--
       (A) In general.--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.
       (B) Matching requirement.--Federal funding provided under 
     this paragraph may not exceed 50 percent of the total cost of 
     any activity carried out with such funds. The non-Federal 
     share of such support may be in the form of cash, services, 
     or in-kind contributions, fairly valued.
       (2) Commission.--In addition to the sums authorized under 
     paragraph (1) and subsection (b), 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 such sums as are necessary for the Secretary to 
     undertake interim actions the Secretary is authorized to 
     undertake and

[[Page 23968]]

     that are necessary for the Secretary to implement the 
     responsibilities of the Department of the Interior outlined 
     in the Canalway Plan.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 5375, introduced by the gentleman from New York 
(Mr. Walsh), establishes the Erie Canalway National Heritage Corridor 
in the State of New York. The Erie Canal, first established 175 years 
ago, created critical transportation of commercial routes and led to 
the development and settling of New York.
  Mr. Speaker, H.R. 5375 would also create the Erie Canalway Corridor 
Commission as the management entity for the canalway, the membership of 
which would be comprised of Federal, State and local agencies and 
governments. The commission is responsible for developing and 
implementing a management plan which will provide for an inventory and 
evaluation of the historic properties within the corridor and also 
provide educational and interpretive programs for the public to enjoy 
the canalway's resources.
  Establishment of the corridor will not affect any other governmental 
authority nor grant powers of zoning or land use to the Commission. 
Furthermore, ownership, management, and maintenance of the New York 
State Canal System will not be altered by establishing the corridor.
  Mr. Speaker, this is a good piece of legislation; and I urge my 
colleagues to support H.R. 5375.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 5375 would designate the 524 mile Erie Canalway 
National Heritage Corridor in New York. We oppose this bill for 
substantive and procedural reasons.
  Mr. Speaker, H.R. 5375 was introduced less than 3 weeks ago. It has 
had no hearings or markups in either the House or the Senate. 
Yesterday, the Department of the Interior sent up a letter expressing 
their serious concerns with H.R. 5375 as currently written, and I will 
include the letter in the Record.
  Three serious problems were pointed out, Mr. Speaker: first, the bill 
calls for a commission with members appointed by the governor that 
would have full Federal commission status in terms of funding, roles, 
and responsibilities. This is not how we designate management entities 
for heritage areas. Further, it is a violation of the appointments 
clause of the Constitution which requires Federal officials to be 
appointed by a Federal officer.
  Second, the bill has the National Park Service involved in designing, 
establishing, and operating visitor centers, museums, and interpretive 
exhibits. This is not an appropriate role for the agency. We have not 
provided such authority for any other heritage area. The National Park 
Service has neither the funds nor the manpower when the needs of the 
national parks are so great.
  Third, the bill contains open-ended funding authority for the 
Secretary, which opens the door for a future significant infusion of 
Federal funds. The bill's sponsor was warned of these problems, even 
before the bill was introduced, but chose to go forward without 
correcting these serious matters.
  Mr. Speaker, for this reason, we oppose this bill and urge a ``no'' 
vote.

         United States Department of the Interior, Office of the 
           Secretary,
                                 Washington, DC, October 23, 2000.
     Hon. James V. Hansen,
     Chairman, Subcommittee on National Parks and Public Lands, 
         Committee on Resources, House of Representatives, 
         Washington, DC.
       Dear Mr. Chairman: This letter is in reference to H.R. 
     5375, the ``Erie Canalway National Heritage Corridor Act'', 
     introduced by Representative James Walsh on October 3, 2000. 
     It has come to our attention that the Committee on Resources 
     will bring this bill to the House floor today. The Department 
     of the Interior has some serious concerns with the bill as 
     introduced and revised. There have not been any congressional 
     hearings on this bill at which the Department would have had 
     the opportunity to testify and offer amendments. If the bill 
     were amended to address our concerns, the Department would be 
     able to support this legislation.
       Under a 1995 Congressional directive, the National Park 
     Service undertook a special resource study on the 524-mile 
     long Erie Canalway in New York State. The study found that 
     the Erie Canalway was nationally significant and deserved 
     Federal recognition. In the December 1999 transmittal letter 
     to this Committee accompanying the special resource study, 
     the National Park Service recommended that the management 
     entity be a commission appointed by the Secretary of the 
     Interior based upon state and local recommendations. If 
     requested by the commission, the National Park Service could 
     offer planning and technical assistance.
       The Department has serious concerns with H.R. 5375, as 
     written, in three different areas. First, the bill calls for 
     a commission with members appointed by the Governor that 
     would still retain full Federal commission status in terms of 
     funding, roles, and responsibilities. For example, in Section 
     4, the commission would have access to administrative 
     services from the General Services Administration and the 
     United States mails in the same manner as a Federal 
     commission. This apparently would be in violation of the 
     Appointments Clause of the Constitution, which requires 
     Federal officials to be appointed by a Federal officer. The 
     Department also is concerned with the precedent this hybrid 
     model would set for future commissions.
       Second, the National Park Service does not have funds in 
     its budget to construct visitor centers, museums or 
     interpretive exhibits in heritage areas. Section 5(c)(2) 
     could be interpreted to direct the National Park Service to 
     construct and staff these centers, which is not an 
     appropriate role for the agency in a non-park service unit. 
     Section 7 states that prior to a Canalway Plan being 
     approved, the Secretary may provide financial assistance to 
     undertake educational and interpretive programs. The 
     Department believes that National Park Service role should be 
     limited to providing planning and technical assistance in the 
     development of the Canalway Plan. The Plan would determine 
     any additional role for the National Park Service in the 
     heritage corridor and would be subject to the approval of the 
     Secretary.
       Third, the open-ended funding authority in Section 10(b) 
     that does not contain a ceiling on total funds authorized for 
     this heritage area could be used to fund unlimited early 
     action items from Section 7(c) including educational and 
     interpretive centers and the provision of park rangers to 
     provide services. Such decisions are premature pending 
     completion of the Canalway Plan. Funding authorized by this 
     section should be limited to technical and planning 
     assistance only.
       Attached is a list of proposed amendments to H.R. 5375. If 
     these amendments were adopted, the Department could support 
     passage of the bill.
       The Office of Management and Budget advises that, from the 
     standpoint of the Administration's program, there is no 
     objection to the presentation of this report to the Congress.
           Sincerely,

                                          Stephen C. Saunders,

                               Acting Assistant Secretary for Fish
                                           and Wildlife and Parks.
       Enclosure.

  Suggested Amendments to H.R. 5375, Erie Canalway National Heritage 
                              Corridor Act

       H.R. 5375 calls for a hybrid commission with members 
     appointed by the Governor, but with full federal commission 
     authorities, funding and roles. The 1998 Special Resource 
     Study and accompanying letter on the Erie Canalway 
     recommended that the management entity be a federal 
     commission with the members appointed by the Secretary of the 
     Interior based upon state and local recommendations. This is 
     the National Park Service preferred alternative.
       If H.R. 5375 is rewritten to include a commission with 
     members appointed by the Secretary (i.e. a federal 
     commission) then we offer the following amendments to the 
     bill. Note: We are referencing the revised bill from October 
     13, 2000.
       On p. 5, line 15, strike ``entitled ``Boundaries of 
     Canalway Communities'' numbered ERCA      and dated     .'' 
     and insert ``entitled ``ERIE CANALWAY NATIONAL HERITAGE 
     AREA'' numbered ERIE/80,000 and dated OCTOBER 2000.''
       On p. 5, line 22, strike ``Nothing in this Act shall be 
     construed to alter the ownership, operations, or management 
     of the New York State Canal System,'' and insert ``The New 
     York Canal System shall continue to be owned, operated, and 
     managed by the State of New York.''
       On p. 6, line 17, strike ``7 members, each of whom 
     represents 1'' and insert ``7 members, appointed by the 
     Secretary after consideration of recommendations submitted by 
     the Governor and other appropriate officials, with knowledge 
     and experience''.
       On p. 7, line 17, strike ``Governor no later than 6 months 
     after the date of enactment of this Act'' and insert 
     ``Secretary''.

[[Page 23969]]

       On p. 13, line 24, strike ``the National Park Service,''.
       On p. 17, line 16, strike ``and the Governor''.
       On p. 18, line 16, strike ``or the Governor''.
       On p. 18, line 17, strike ``or the Governor''.
       On p. 18, line 21, strike ``and the Governor''.
       On p. 18, line 25, strike ``and the Governor''.
       On p. 19, line 3, strike ``and the Governor approve'' and 
     insert ``approves''.
       On p. 19, line 8, strike ``Plan with a focus on the 
     comprehensive interpretive plan as required under section 
     6(a)(4).'' and insert ``Plan.''.
       On p. 19, line 19, strike ``technical, planning, and 
     financial'' and insert ``technical and planning''.
       On p. 19, line 21, strike ``resources and to undertake an 
     educational and interpretive program of the story and history 
     of the Erie Canalway.'' and insert ``resources.''.
       On p. 20, line 14, strike subsection (f).
       On p. 22, line 19, strike ``year, to remain available until 
     expended.'' and insert ``year.''.
       On p. 23, line 5, strike subsection 10(a)(2) and renumber 
     the rest of the subsection accordingly.
       On p. 23, line 13, strike ``for the Secretary'' until the 
     end of the subsection and insert ``for planning and technical 
     assistance.''.

  Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I am happy to yield such time as he may 
consume to the gentleman from New York (Mr. Walsh), the author of this 
legislation.
  Mr. WALSH. Mr. Speaker, I thank the distinguished chairman for 
yielding time and for his strong support and encouragement and advice 
throughout this process. I would also like to thank the gentleman from 
Alaska (Mr. Young), the chairman of the full committee, for his help in 
bringing this bill forward, and also the gentleman from California (Mr. 
George Miller), the ranking member, who has been very helpful.
  Mr. Speaker, I rise today in strong support of H.R. 5375, a bill that 
will establish the Erie Canalway as a National Heritage Corridor. This 
bill is the culmination of years of hard work and dedication by the 
National Park Service and the State of New York, and dedication by 
Senators Moynihan and Schumer, as well as virtually the entire upstate 
New York delegation has indicated their strong support for this 
measure. In fact, Senator Moynihan has indicated he envisions this bill 
as part of his congressional legacy. This will probably be the last 
bill that Senator Moynihan will have his name associated with as it 
passes the Senate, and he would like very much to have this bill signed 
into law before he leaves office. Furthermore, there is broad-based 
local enthusiasm and interest throughout the State for a Federal 
designation of the Erie Canalway system and local participation in the 
development of an Erie Canalway plan is a critical component of this 
legislation.
  In 1995, at the request of Senator Moynihan and myself, Congress 
directed the National Park Service to determine whether the Erie 
Canalway system merited Federal designation as a National Heritage 
Corridor. In 1998, the National Park Service study concluded that the 
Erie Canalway is an outstanding resource of great significance to the 
Nation and that it clearly merited Federal designation as a National 
Heritage Corridor. In response to this overwhelming support for some 
type of Federal designation for the Erie Canalway system, I worked 
closely with the National Park Service and the State of New York 
throughout the 106th Congress to craft legislation that balances the 
State's need to preserve its outstanding ongoing management activities 
of the canal with the creation of a Federal management framework that 
assists the State and local communities throughout the canalway in 
their development of integrated cultural, historical, recreational, 
economic, and community development activities.
  Mr. Speaker, H.R. 5375 was introduced on October 3 this year after 
several months of detailed negotiations with the National Park Service 
and the State of New York. The bill would designate the canal as a 
heritage corridor and would establish a 27-member commission that would 
be empowered to develop a comprehensive preservation and management 
canalway plan for the corridor within 3 years.
  Critical to the success of this commission is the fact that there 
will be broad-based local participation and involvement in the 
commission as each Member of Congress who represents the corridor will 
be able to appoint a local representative to the commission. This 
commission will develop a plan that enhances the historical, cultural, 
educational, natural, scenic, and recreational potential of the 
corridor in a way that complements the ongoing significant State role 
in preserving and protecting the Erie Canalway system.
  Mr. Speaker, the State of New York built this canal. It is what 
helped us to populate the western reaches of our State, indeed, the 
western reaches of the then-settled United States. The State still 
maintains the canal at an expense of approximately $60 million per 
year; and they have done a very, very excellent job of keeping it in 
operating order. Therefore, the governor needs to have the appointment 
authority, and I think most reasonable people would agree.
  What I envision coming out of this bill is a joint Federal-State 
cooperative effort where the National Park Service would provide 
necessary technical and financial assistance for education, 
interpretation, historic preservation, planning and recreational trail 
development and open space conservation, while the State of New York 
would maintain its ongoing operational management and maintenance of 
the Erie Canalway system. The system was the preeminent transportation 
corridor for the latter part of the 18th through the 20th century. Its 
role in American history is well documented. Therefore, I believe 
Federal designation is essential to preserve and maintain and interpret 
the canalway system in ways to reflect its importance and significance.
  Mr. Speaker, this bill has broad-based bipartisan support, and I urge 
my colleagues to adopt this measure so that we can continue to protect 
the canalway system for future generations.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield such time as he may consume to 
the gentleman from New York (Mr. LaFalce).
  Mr. LaFALCE. Mr. Speaker, I thank the gentlewoman for yielding me 
this time. It is an honor to be here today in support of this bill that 
I have had the pleasure of cosponsoring, along with the gentleman from 
New York (Mr. Walsh) and a number of others that we have worked closely 
with over the years. The Erie Canal has a great history. The Erie Canal 
has a great future. That great future, though, depends in large part on 
what we do to recognize the past, to herald it, and to build a corridor 
along the canal so that residents of New York State and residents of 
the world can come and not only see and observe, but enjoy the Erie 
Canal.

                              {time}  1330

  A good many individuals of both the Democratic and Republican Party 
have attempted to enhance the Erie Canal Corridor over the years. 
Certainly Governor Pataki, but most especially, too, I think the 
Secretary of Housing and Urban Development, Andrew Cuomo. He took what 
was known as the Small Cities Development Block Grant program and tried 
to use it within the State of New York to embellish the corridor by 
coming up with the canal corridor initiative.
  The Canal Corridor initiative was basically an idea to use these 
small cities' monies to leverage additional assistance from both the 
public and private sector, to leverage that assistance by utilizing for 
the first time on a Federal level the Small Cities program and the 
section 108 program, which will enable communities to draw down against 
future monies to work in concert for the first time in a very 
cooperative fashion with the Department of Agriculture and their rural 
development administration. That has worked extremely successfully.
  In my congressional district, for example, whether one is in North 
Tonawanda or Lockport or Medina or Albion or Holley or Spencerport, one 
can see the results of the canal corridor initiative, and we have just 
started.

[[Page 23970]]

  Passage of today's bill establishing an Erie Canalway National 
Heritage Corridor will be a great step forward in further embellishing 
that corridor and helping to serve as both an economic and recreational 
catalyst for that region of New York State.
  So I urge everyone to support this very fine bill.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from Utah (Mr. Hansen) that the House suspend 
the rules and pass the bill, H.R. 5375, as amended.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mrs. CHRISTENSEN. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________