[Senate Report 104-297]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 472
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-297
_______________________________________________________________________


 
            CHAMPLAIN VALLEY HERITAGE CORRIDOR INVENTORY ACT

                                _______
                                

                 June 27, 1996.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1225]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1225) to require the Secretary of the 
Interior to conduct an inventory of historic sites, buildings, 
and artifacts in the Champlain Valley and the upper Hudson 
River Valley, including the Lake George area, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and an amendment to the title, and recommends 
that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Heritage Corridor Study Act 
of 1996''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Corridor.--The term ``Corridor'' means the area of the 
        Champlain Valley, upper Hudson River Valley, and Lake George in 
        Vermont and New York.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) State and local partners.--The term ``State and local 
        partners'' means a cooperative working group comprised of 
        officials of the States of Vermont and New York, local 
        government officials, local historians and archaeologists, 
        owners of historic sites, Native Americans, local and regional 
        planning commissions, local and regional chambers of commerce, 
        interstate organizations, and other interested persons.

SEC. 3. STUDY.

    (a) In General.--The Secretary may provide technical and financial 
assistance to the State and local partners in developing and conducting 
a study of the Corridor to--
          (1) determine the important conflicts that occurred in the 
        Corridor between 1609 and 1865;
          (2) identify the cultural and natural resources associated 
        with these conflicts;
          (3) determine which cultural and natural resources best 
        illustrate the conflicts of the Corridor;
          (4) assess the suitability and feasibility for incorporation 
        of those resources into the Corridor;
          (5) conduct an economic analysis of the effects that 
        incorporation into the Corridor would have on the immediate 
        area that contains the resources; and
          (6) identify potential management entities to coordinate 
        resources included in the Corridor.
    (b) Consultation.--The Secretary shall facilitate consultation 
between and among the Secretary, the State and local partners, and 
officials of the government of Canada and the Province of Quebec to 
determine means of linking historic sites along the Richelieu River and 
related sites in the United States in the Corridor.

SEC. 4. GENERAL MANAGEMENT PLAN.

    After completion of the study under section 3, the Secretary may 
provide technical and financial assistance to the State and local 
partners in preparation of a general management plan for the Corridor 
that is based on the findings of the study.

SEC. 5. DESIGNATION.

    After completion of the study under section 3, the Secretary shall 
make a recommendation to Congress on the area or areas within the 
Corridor that should be included in a congressionally designated 
American Heritage Corridor.

SEC. 6. PERMISSION FROM PRIVATE PROPERTY OWNERS.

    The Secretary may not include private property in the 
recommendation to Congress under section 5 without consent from the 
owner of the property.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $250,000 to carry out this 
section.

    2. Amend the title so as to read: ``A bill to study and 
recognize the historical significance of the Champlain Valley, 
the upper Hudson River Valley, and the Lake George area, and 
for other purposes.''.

                         purpose of the measure

    The purpose of S. 1225 is to authorize an inventory of 
historic and cultural resources within the Champlain Valley and 
the upper Hudson River Valley, and to assess the suitability 
and feasibility of designating sites as part of a national 
heritage corridor, or other management scheme.

                          background and need

    The Champlain and upper Hudson River Valleys in Vermont and 
New York consist of the Hudson River north from Albany, Lake 
George, the 120 mile length of Lake Champlain and the Richelieu 
River. The Champlain and Hudson River Valleys lie in a mainly 
rural landcape of green farmlands, hills and impressively high 
mountains--the Taconics, the Adirondacks, and the Greens.
    From the summer of 1609 when Europeans first came down lake 
Champlain, and for the next 200 years, through the French and 
Indian War and the War of 1812, bloody conflict, time and time 
again visited the upper Hudson, Lake George, Lake Champlain and 
the Richelieu.
    Much of the history of the upper Hudson, Lake George, 
Champlain and the Richelieu is a history of conflict. And as 
the 400th anniversary of Lake Champlain's discovery by 
Europeans approaches, many remnants of the waterways' 
extraordinary history survive. Here much of the great European 
struggle for control of the New World was played out, and here 
were fought both the decisive campaign of the American 
Revolution and the battle that ended the War of 1812.

                          legislative history

    S. 1225 was introduced by Senator Jeffords on September 8, 
1995. Similar legislation, S. 1327, was introduced by Senators 
Jeffords, Leahy and Moynihan during the 103rd Congress. No 
further action was taken on S. 1327.
    A hearing was held on S. 1225 by the Senate Subcommittee 
for Parks, Historic Preservation and Recreation on March 21, 
1996. At the business meeting on June 19, 1996, the Senate 
Committee on Energy and Natural Resources ordered S. 1225, as 
amended, favorably reported.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on June 19, 1996, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 1225 if 
amended as described herein.

                          committee amendment

    During the consideration of S. 1225, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
addresses concerns raised by the National Park Service about 
its ability to conduct the study as directed by the 
legislation. As an alternative, the substitute amendment 
requires the Secretary of the Interior to facilitate a study 
through technical assistance to State, local and other 
stakeholders. The amendment also makes clear that the 
permission of private landowners must be obtained before 
publication of information about their land can occur.
    The intent of the amendment is to encourage local 
involvement in this effort and to diminish the staff and fiscal 
requirements placed on the National Park Service.

                      section-by-section analysis

    Section 1 provides that the Act may be cited as the 
``American Heritage Study Act of 1996''.
    Section 2 defines key terms in the Act.
    Section 3(a) authorizes the Secretary of the Interior (the 
``Secretary'') to provide technical and financial assistance to 
State and local partners in developing and conducting a study 
of the Champlain Valley and upper Hudson River Valley corridor 
in the States of New York and Vermont. The purpose of the study 
would be to: (1) determine important historical conflicts in 
the corridor between the years 1609 and 1865; (2) identify 
cultural and natural resources associated with periods of 
historical conflict; (3) determine which resources best 
illustrate periods of historical conflict; (assess the 
suitability and feasibility of incorporating key resources into 
a Heritage Corridor (the ``Corridor''); (5) conduct an economic 
analysis of the effects that a Heritage Corridor designation 
may have; (6) identify potential management entities to 
coordinate the resources in the Heritage Corridor.
    Section 3(b) defines the role of the Secretary as serving 
as a facilitator for the study.
    Section 4 authorizes the Secretary to provide technical and 
financial assistance to State and local partners in the 
preparation of a general management plan for the Corridor based 
on the findings of the study.
    Section 5 directs the Secretary to make a recommendation to 
Congress on the area or areas within the Corridor that should 
be included in a Congressionally designated American Heritage 
Corridor.
    Section 6 states that the Secretary may not include private 
property in the recommendations to Congress without the consent 
of the property owner.
    Section 7 authorizes an appropriation of $250,000 to carry 
out the Act.

                   cost and budgetary considerations

    On June 20, 1996 the Committee on Energy and Natural 
Resources requested a Congressional Budget Office estimate on 
S. 1225. This estimate had not been received at the time the 
report on S. 11225 was filed. When this estimate becomes 
available, the Chairman will request that it be printed in the 
Congressional Record for the advice of the Senate.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1225. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1225, as ordered reported.

                        executive communications

    On June 20, 1996, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1225. These 
reports had not been received at the time the report on S. 1225 
was filed. When these reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony provided by the 
Department of the Interior at the Subcommittee hearing follows:

       Statement of Katherine H. Stevenson, Associate Director, 
     Cultural Resource Stewardship and Partnerships, National Park 
                  Service, Department of the Interior

          Mr. Chairman, I appreciate the opportunity to appear 
        today to present the position of the Department of the 
        Interior.
          S. 1225 directs the Secretary of the Interior to 
        conduct an inventory of the historic sites, buildings, 
        and artifacts in the Champlain Valley and the Upper 
        Hudson River Valley. We do not support this bill as 
        currently written.
          Mr. Chairman, S. 1225 directs the Secretary to 
        undertake an inventory of the historic sites, 
        buildings, and artifacts in the Champlain Valley and 
        the upper Hudson River Valley, including the Lake 
        George area, and submit to the Committee a report 
        describing the results of the inventory. Although we 
        believe that such an inventory is valuable and 
        important, we do not think that it is the proper role 
        for the Secretary to play in the Champlain and Hudson 
        River Valleys and do not support the bill as currently 
        written.
          Through discussions with Congressional staff we have 
        determined that the residents of the Champlain Valley 
        and upper Hudson River Valley want assistance from the 
        National Park Service in studying the resources of the 
        region and in developing a plan to interpret, protect 
        and promote those resources. This concept follows the 
        idea of a heritage area. Legislation is currently 
        pending in both the Senate and the House of 
        Representatives to establish a heritage area program. 
        The Champlain Valley and upper Hudson River Valley 
        would qualify for that program as an area eligible for 
        planning assistance.
          The proposed heritage area program provides a means 
        for communities to review and inventory resources and 
        to develop a plan for their protection, interpretation 
        and promotion. The feasibility study, inventory and 
        eventual management plan are the responsibility of the 
        local community or communities. The Secretary of the 
        Interior is authorized to provide technical assistance 
        and guidance to local groups or organizations involved 
        in inventories, feasibility studies and planning as 
        they develop their heritage area concept and program. 
        It is critical that local groups and organizations have 
        primary responsibility for feasibility studies and 
        inventories because they will be responsible for the 
        protection and promotion of those resources. The 
        Secretary is available to assist communities in their 
        endeavors but it is inappropriate for the Secretary of 
        the Interior to have the primary responsibility for 
        such an inventory and study.
          Therefore, we recommend that this legislation be 
        redrafted along the lines of the pending heritage 
        legislation. Recognition of the Champlain Valley and 
        upper Hudson River Valley through heritage legislation 
        would ensure that there be local involvement in the 
        study and planning of the area and would direct the 
        Secretary to assist in an inventory and feasibility 
        study. The National Park Service is most willing to 
        provide drafting services or comment on proposed 
        revisions at the sponsor's request.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 1225, as ordered 
reported.