[Senate Report 106-456]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 903
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-456

======================================================================



 
          JAMESTOWN 400TH COMMEMORATION COMMISSION ACT OF 2000

                                _______
                                

October 2 (legislative day, September 22), 2000.--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. 2885]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2885) to establish the Jamestown 400th 
Commemoration Commission, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 3, line 11, strike ``State'' and insert 
``Commonwealth''.
    2. On page 4, line 19, strike ``the State.'' and insert 
``Virginia.''.
    3. Strike page 4, line 22, through page 5, line 2, and 
insert in lieu thereof the following:

          ``(5) State.--The term ``State'' means the 
        Commonwealth of Virginia, including agencies and 
        entities of the Commonwealth.''.

    4. On page 5, line 10, strike ``16 members,'' and insert 
``15 members''.

                         purpose of the measure

    The purpose of S. 2885 is to establish the Jamestown 400th 
Commemoration Commission to assist State and local efforts in 
the commemoration of the 400th anniversary of the landing at 
Jamestown, Virginia.

                          background and need

    On May 13, 1607, 104 English settlers landed at Jamestown, 
founding the first permanent English settlement in America. The 
settlement brought together people from many different cultures 
and nations--English, Native Americans, Africans, and other 
Europeans, and the economic, political, religious, and social 
institutions that developed during the first nine decades of 
the existence of Jamestown continue to have profound effects on 
the United States.
    The celebration in 2007 of the 400th anniversary of the 
landing at Jamestown will involve coordination between many 
partners on the Federal, State, and local level, and with the 
private sector. In 1996, the Commonwealth of Virginia 
designated the Jamestown-Yorktown Foundation as the State 
agency responsible for planning and implementing the 
Commonwealth's portion of the commemoration.
    S. 2885 establishes a Federal commission to assist in the 
coordination of the 400th anniversary commemoration of the 
landing at Jamestown. The purpose of the commission is to bring 
national and international attention to the significance of the 
landing at Jamestown. The commission would coordinate events, 
activities, fundraising, and capital improvements related to 
the Jamestown 2007 anniversary. The role of the commission 
would includegarnering assistance from other Federal agencies 
for anniversary events; establishing and overseeing a non-profit 
organization to raise funds for necessary capital improvements; and 
coordinating activities with the State's commission. Members of the 
commission would be appointed by the Secretary of the Interior.

                          legislative history

    S. 2885 was introduced by Senators Warner and Robb on July 
18, 2000. The Subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing on S. 2885 on 
September 14, 2000. At the business meeting on September 20, 
2000, the Committee on Energy and Natural Resources ordered S. 
2885, as amended, favorably reported.

                        committee recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 20, 2000, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
2885, if amended as described herein.

                          committee amendments

    During the consideration of S. 2885, the Committee adopted 
technical and clarifying amendments to the bill.

                      section-by-section analysis

    Section 1 designates the short title of the bill.
    Section 2(a) contains congressional findings.
    Subsection (b) describes the purposes of the legislation, 
which are to establish the Jamestown 400th Commemoration 
Commission to: (1) ensure a suitable national observance of the 
Jamestown 2007 anniversary by complementing the programs and 
activities of the Commonwealth of Virginia; (2) cooperate with 
and assist the programs and activities of the Commonwealth of 
Virginia in observance of the Jamestown 2007 anniversary; (3) 
assist in ensuring that Jamestown 2007 observances provide an 
excellent visitor experience and beneficial interaction between 
visitors and the natural and cultural resources of the 
Jamestown sites; (4) assist in ensuring that the Jamestown 2007 
observances are inclusive and appropriately recognize the 
experiences of all people present in 17th century Jamestown; 
(5) provide assistance to the development of Jamestown-related 
programs and activities; (6) facilitate international 
involvement in the Jamestown 2007 observances; (7) support and 
facilitate marketing efforts for a commemorative coin, stamp, 
and related activities for the Jamestown observances; and (8) 
assist in the appropriate development of heritage tourism and 
economic benefits to the United States.
    Section 3 provides definitions for key terms used in the 
legislation.
    Section 4(a) establishes the Jamestown 400th Commemoration 
Commission (Commission).
    Subsection (b) describes the membership of the Commission, 
the length of appointments and procedures for filling 
vacancies, meeting requirements, and voting procedures. Members 
of the Commission are appointed by the Secretary of the 
Interior (Secretary) for terms whose length are the life of the 
Commission. The Commission is required to meet at least twice 
each year, the first meeting to occur within 30 days after the 
date on which all members have been appointed.
    Subsection (c) describes the duties of the Commission, 
which are: (1) to plan, develop, and execute programs and 
activities appropriate to commemorate the 400th anniversary of 
the founding of Jamestown; (2) facilitate Jamestown-related 
activities throughout the United States; (3) encourage civic, 
patriotic, historical, educational, religious, economic, and 
other organizations throughout the United States to organize 
and participate in anniversary activities; (4) coordinate and 
facilitate scholarly research on, publication about, and 
interpretation of, Jamestown; and (5) ensure that the 400th 
anniversary of Jamestown provides a lasting legacy and long-
term public benefit by assisting in the development of 
appropriate programs and facilities. The Commission must 
prepare a strategic plan and annual performance plans in 
accordance with the Government Performance and Results Act of 
1993 (Public Law 103-62; 107 Stat. 285). A final report on the 
Commission's activities must be completed by September 30, 
2008.
    Subsection (d) sets forth the powers of the Commission. The 
Commission may: (1) accept donations and make dispersions of 
money, personal services, and real and personal property 
related to Jamestown; (2) appoint advisory committees; (3) 
authorize members of the Commission to take any action that the 
Commission is authorized to take; (4) procure supplies, 
services, and property, and enter into contracts, leases, or 
other legal agreements; (5) use theU.S. mail in the same way as 
other Federal agencies; (6) make grants of up to $10,000 to communities 
and nonprofit organizations; (7) make grants to research and scholarly 
organizations to research, publish, or distribute information relating 
to the early history of Jamestown; and (8) provide technical assistance 
to States, localities, and nonprofit organizations.
    Subsection (e) describes compensation and other personnel 
matters pertaining to the Commission. Members of the Commission 
will serve without compensation, except that they will be 
allowed travel expenses while away from home or regular place 
of business. The Commission may appoint an executive director, 
to be compensated at no more than the rate of pay for level V 
of the Executive Schedule. Federal employees may be detailed on 
a reimbursable basis to serve on the staff of the Commission. 
The Commission may also reimburse State employees for their 
services, and may accept voluntary and uncompensated services. 
The National Park Service will provide administrative support 
services on a reimbursable basis.
    Subsection (f) authorizes the Commission to procure 
temporary and intermittent services at rates that do not exceed 
the rate of pay for level V of the Executive Schedule.
    Subsection (g) exempts the Commission from section 14(b) of 
the Federal Advisory Committee Act (5 U.S.C. App).
    Subsection (h) states that nothing in this section 
supersedes the authority of the State, the National Park 
Service, or the Association for the Preservation of Virginia 
Antiquities.
    Subsection (i) terminates the Commission on December 31, 
2008.
    Section 5 authorizes the appropriation of such sums as are 
necessary to carry out the legislation.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 26, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2885, the Jamestown 
400th Commemoration Commission Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 2885--Jamestown 400th Commemoration Commission Act of 2000

    S. 2885 would establish the Jamestown 400th Commemoration 
Commission. The 15-member commission would plan and execute 
programs to commemorate the 400th anniversary of the founding 
of Jamestown, Virginia. For this purpose, the commission would 
be authorized to accept and spend private donations. Members of 
the commission would not be paid for this service, and any 
federal employees who are appointed would not receive 
additional federal salaries. All members of the commission 
would be reimbursed for expenses. The commission would be 
allowed to hire staff or use personnel from other federal 
agencies. For these purposes, the bill would authorize the 
appropriation of whatever amounts are necessary.
    Assuming appropriation of the necessary amounts and based 
on information provided by the National Park Service, CBO 
estimates that the commission would spend about $300,000 
annually over the 2001-2008 period. After December 31, 2008, 
the commission would terminate. The $300,000 would be used to 
develop strategic plans, make grants to communities and 
nonprofit organizations, and carry out other activities related 
to the commemoration.
    Because S. 2885 would allow the commission to accept and 
spend contributed funds, pay-as-you-go procedures would apply 
to the bill. CBO estimates, however, that any revenues from 
contributions and subsequent direct spending would be less than 
$500,000 annually and would offset each other over the six 
years of the commission's activities. S. 2885 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                      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. 2885. 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. 2885, as ordered reported.

                        executive communications

    On September 15, 2000, 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. 2885. These 
reports had not been received at the time the report on S. 2885 
was filed. When the 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 
National Park Service at the Subcommittee hearing follows:

Statement of Donald J. Hellmann, Deputy Assistant Director, Legislative 
  and Congressional Affairs, National Park Service, Department of the 
                                Interior

    Mr. Chairman, thank you for the opportunity to appear 
before you today to present the view of the Department of the 
Interior on S. 2885, a bill that would establish the Jamestown 
400th Commemoration Commission. The National Park Service 
supports enactment of this commission to commemorate the 1607 
founding of Jamestown, Virginia, and believes that 
establishment of this commission would help ensure that we 
leave a lasting inheritance worthy of Jamestown's significant 
place in history.
    Jamestown, the first permanent English settlement in North 
America, lives today in the language we speak, our common law, 
and our representative government. The first representative 
assembly held in these English colonies occurred at Jamestown 
in July 1619. We can trace our legislative history directly 
from that first assembly to here in the United States Congress 
today--truly a living legacy. Jamestown was Virginia's capital 
for 92 years, its port, and its social and commercial center. 
Here the society we know today began to take shape.
    Since at least 1807, Jamestown's founding has been 
commemorated every 50 years. In 1957, Queen Elizabeth II 
visited Jamestown as part of major festivities celebrating the 
350th anniversary. The Commonwealth of Virginia's preparations 
for that anniversary included building reconstructions of the 
three ships that brought the 1607 colonists, the Jamestown 
Fort, and an Indian village. The National Park Service 
constructed the Jamestown Visitor Center, completed the 
Colonial Parkway to Jamestown, conducted archaeological 
research, and provided visitors with paintings depicting early 
settlers' activities. The federal commission complemented the 
Commonwealth of Virginia's state commission.
    Planning for commemorative activities in 2007 has been 
underway for several years. The state's Jamestown 2007 has held 
roundtables throughout Virginia to get citizen input to design 
a statewide commemoration. The reconstructed ships, fort, and 
Indian village are being rebuilt to reflect current research. 
Special events and outreach to schools across the nation are 
also being planned.
    Under the Association for the Preservation of Virginia's 
Antiquities' project ``Jamestown Rediscovery,'' the original 
1607 fort, long thought to be lost to the Jamestown River, has 
been found. The National Park Service has undertaken massive 
historical, archeological, and scientific research under its 
Jamestown Archeological Assessment. Together, the Association 
for the Preservation of Virginia Antiquities and the National 
Park Service have preserved nearly a million artifacts in their 
collections. They are now jointly planning a revitalized 
Jamestown Island to improve visitor experiences and 
understanding, and to increase protection for irreplaceable 
museum collections. Finally, an Internet web site has been set 
up to provide information to a wide range of audiences both 
within and outside the United States at: http://
www.Jamestown2007.org/
    S. 2885 would establish the Jamestown 400th Commemoration 
Commission, a federal commission to ensure a suitable national 
observance of Jamestown's 400th anniversary in 2007. The 
Commission would complement and coordinate the programs of the 
Commonwealth of Virginia, provide excellent visitor 
experiences, hold appropriate observances, and assist in 
Jamestown-related programs and activities while also 
facilitating international involvement. Jamestown 400th should 
be a truly national event so that all Americans understand the 
challenges our predecessors faced. Because its story has 
meaning outside the United States, it should be an 
international event as well. The commission would also support 
efforts for a commemorative coin, stamp, and similar efforts, 
and assist in the development of heritage tourism. Having a 
federal commission that could help coordinate all the different 
aspects of the commemoration would help ensure their success.
    S. 2885 establishes a 16-member commission to plan, 
develop, and hold programs and commemorative activities for the 
400th anniversary of Jamestown's founding, facilitate 
Jamestown-related activities throughout the United States, and 
encourage other groups such as civic, educational, patriotic, 
and historic organizations to participate in the 400th 
anniversary activities. The commission would coordinate and 
facilitate scholarly research on and publication about 
Jamestown, it would assist in developing appropriate programs 
and facilities, and it would provide for hiring staff, using 
state staff, and accepting volunteers. S. 2885 provides for the 
commission to terminate on December 31, 2008. We estimate that 
the commission could make a considerable contribution towards 
our common understanding of this shared legacy. We also believe 
it would facilitate fundraising by encouraging public-private 
partnerships. Finally, we believe the commission would help 
make the experiences of Jamestown's first 92 years relevant 
today, to Americans who immigrated here as well as those who 
descended from those early inhabitants.
    Establishing the Jamestown 400th Commemoration Commission 
would ensure that this 400th commemoration will have lasting 
value for all Americans by engaging the largest segment 
possible of this nation in this commemoration of our common 
heritage.
    This concludes my prepared testimony, Mr. Chairman. I would 
be pleased to answer any questions you or the committee might 
have.

                        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 the bill S. 2885, as 
ordered reported.

                                  
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