[Senate Report 110-179]
[From the U.S. Government Publishing Office]
Calendar No. 377
110th Congress Report
SENATE
1st Session 110-179
======================================================================
HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL COMMEMORATION COMMISSION ACT
OF 2007
_______
September 17, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1148 ]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1148) to establish the Champlain
Quadricentennial Commemoration Commission and the Hudson-Fulton
400th Commemoration Commission, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
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 ``Hudson-Fulton-Champlain
Quadricentennial Commemoration Commission Act of 2007''.
SEC. 2. COORDINATION.
Each commission established under this Act shall coordinate with the
other respective commission established under this Act to ensure that
commemorations of Henry Hudson, Robert Fulton, and Samuel de Champlain
are--
(1) consistent with the plans and programs of the
commemorative commissions established by the States of New York
and Vermont; and
(2) well-organized and successful.
SEC. 3. DEFINITIONS.
In this Act:
(1) Champlain commemoration.--The term ``Champlain
commemoration'' means the commemoration of the 400th
anniversary of the voyage of Samuel de Champlain.
(2) Champlain commission.--The term ``Champlain Commission''
means the Champlain Quadricentennial Commemoration Commission
established by section 4(a).
(3) Commission.--The term ``Commission'' means each of the
Champlain Commission and the Hudson-Fulton Commission.
(4) Hudson-fulton commemoration.--The term ``Hudson-Fulton
commemoration'' means the commemoration of--
(A) the 200th anniversary of the voyage of Robert
Fulton in the Clermont; and
(B) the 400th anniversary of the voyage of Henry
Hudson in the Half Moon.
(5) Hudson-fulton commission.--The term ``Hudson-Fulton
Commission'' means the Hudson-Fulton 400th Commemoration
Commission established by section 5(a).
(6) Lake champlain basin program.--The term ``Lake Champlain
Basin Program'' means the partnership established by section
120 of the Federal Water Pollution Control Act (33 U.S.C. 1270)
between the States of New York and Vermont and Federal agencies
to carry out the Lake Champlain management plan entitled,
``Opportunities for Action: An Evolving Plan for the Lake
Champlain Basin''.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. ESTABLISHMENT OF CHAMPLAIN COMMISSION.
(a) In General.--There is established a commission to be known as the
``Champlain Quadricentennial Commemoration Commission''.
(b) Membership.--
(1) Composition.--The Champlain Commission shall be composed
of 10 members, of whom--
(A) 1 member shall be the Director of the National
Park Service (or a designee);
(B) 4 members shall be appointed by the Secretary
from among individuals who, on the date of enactment of
this Act, are--
(i) serving as members of the Hudson-Fulton-
Champlain Quadricentennial Commission of the
State of New York; and
(ii) residents of Champlain Valley, New York;
(C) 4 members shall be appointed by the Secretary
from among individuals who, on the date of enactment of
this Act, are--
(i) serving as members of the Lake Champlain
Quadricentennial Commission of the State of
Vermont; and
(ii) residents of the State of Vermont; and
(D) 1 member shall be appointed by the Secretary, and
shall be an individual who has--
(i) an interest in, support for, and
expertise appropriate with respect to, the
Champlain commemoration; and
(ii) knowledge relating to the history of the
Champlain Valley.
(2) Term; vacancies.--
(A) Term.--A member of the Champlain Commission shall
be appointed for the life of the Champlain Commission.
(B) Vacancies.--A vacancy on the Champlain Commission
shall be filled in the same manner in which the
original appointment was made.
(c) Duties.--The Champlain Commission shall--
(1) plan, develop, and execute programs and activities
appropriate to commemorate the 400th anniversary of the voyage
of Samuel de Champlain, the first European to discover and
explore Lake Champlain;
(2) facilitate activities relating to the Champlain
Quadricentennial throughout the United States;
(3) coordinate the activities of the Champlain Commission
with--
(A) State commemoration commissions;
(B) appropriate Federal agencies;
(C) the Lake Champlain Basin Program;
(D) the National Endowment for the Arts; and
(E) the Smithsonian Institution;
(4) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand the understanding and
appreciation of the significance of the voyage of Samuel de
Champlain;
(5) provide technical assistance to States, localities, and
nonprofit organizations to further the Champlain commemoration;
(6) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, the
voyage of Samuel de Champlain;
(7) ensure that the Champlain 2009 anniversary provides a
lasting legacy and a long-term public benefit by assisting in
the development of appropriate programs and facilities;
(8) help ensure that the observances of the voyage of Samuel
de Champlain are inclusive and appropriately recognize the
experiences and heritage of all people present when Samuel de
Champlain arrived in the Champlain Valley; and
(9) consult and coordinate with the Lake Champlain Basin
Program and other relevant organizations to plan and develop
programs and activities to commemorate the voyage of Samuel de
Champlain.
SEC. 5. ESTABLISHMENT OF HUDSON-FULTON COMMISSION.
(a) Establishment.--There is established a commission to be known as
the ``Hudson-Fulton 400th Commemoration Commission''.
(b) Membership.--
(1) Composition.--The Hudson-Fulton Commission shall be
composed of 15 members, of whom--
(A) 1 member shall be the Director of the National
Park Service (or a designee);
(B) 1 member shall be appointed by the Secretary,
after considering the recommendation of the Governor of
the State of New York;
(C) 6 members shall be appointed by the Secretary,
after considering the recommendations of the Members of
the House of Representatives whose districts encompass
the Hudson River Valley;
(D) 2 members shall be appointed by the Secretary,
after considering the recommendations of the Members of
the Senate from the State of New York;
(E) 2 members shall be--
(i) appointed by the Secretary; and
(ii) individuals who have an interest in,
support for, and expertise appropriate with
respect to, the Hudson-Fulton commemoration, of
whom--
(I) 1 member shall be an individual
with expertise in the Hudson River
Valley National Heritage Area; and
(II) 1 member shall be an individual
with expertise in the State of New
York, as it relates to the Hudson-
Fulton commemoration;
(F) 1 member shall be the Chairperson of a
commemorative commission formed by the State of New
York (or the designee of the Chairperson); and
(G) 2 members shall be appointed by the Secretary,
after--
(i) considering the recommendation of the
Mayor of the city of New York; and
(ii) consulting the Members of the House of
Representatives whose districts encompass the
city of New York.
(2) Term; vacancies.--
(A) Term.--A member of the Hudson-Fulton Commission
shall be appointed for the life of the Hudson-Fulton
Commission.
(B) Vacancies.--A vacancy on the Hudson-Fulton
Commission shall be filled in the same manner in which
the original appointment was made.
(c) Duties.--The Hudson-Fulton Commission shall--
(1) plan, develop, and execute programs and activities
appropriate to commemorate--
(A) the 400th anniversary of the voyage of Henry
Hudson, the first European to sail up the Hudson River;
and
(B) the 200th anniversary of the voyage of Robert
Fulton, the first person to use steam navigation on a
commercial basis;
(2) facilitate activities relating to the Hudson-Fulton-
Champlain Quadricentennial throughout the United States;
(3) coordinate the activities of the Hudson-Fulton Commission
with--
(A) State commemoration commissions;
(B) appropriate Federal agencies;
(C) the National Park Service, with respect to the
Hudson River Valley National Heritage Area;
(D) the American Heritage Rivers Initiative
Interagency Committee established by Executive Order
13061, dated September 11, 1997;
(E) the National Endowment for the Humanities;
(F) the National Endowment for the Arts; and
(G) the Smithsonian Institution;
(4) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand the understanding and
appreciation of the significance of the voyages of Henry Hudson
and Robert Fulton;
(5) provide technical assistance to States, localities, and
nonprofit organizations to further the Hudson-Fulton
commemoration;
(6) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, the
voyages of Henry Hudson and Robert Fulton;
(7) ensure that the Hudson-Fulton 2009 commemorations provide
a lasting legacy and long-term public benefit by assisting in
the development of appropriate programs and facilities; and
(8) help ensure that the observances of Henry Hudson are
inclusive and appropriately recognize the experiences and
heritage of all people present when Henry Hudson sailed the
Hudson River.
SEC. 6. COMMISSION MEETINGS.
(a) Initial Meeting.--Not later than 30 days after the date on which
all members of a commission established under this Act have been
appointed, the applicable Commission shall hold an initial meeting.
(b) Meetings.--A commission established under this Act shall meet--
(1) at least twice each year; or
(2) at the call of the Chairperson or the majority of the
members of the Commission.
(c) Quorum.--A majority of voting members shall constitute a quorum,
but a lesser number may hold meetings.
(d) Chairperson and Vice Chairperson.--
(1) Election.--The Commission shall elect the Chairperson and
the Vice Chairperson of the Commission on an annual basis.
(2) Absence of the chairperson.--The Vice Chairperson shall
serve as the Chairperson in the absence of the Chairperson.
(e) Voting.--A commission established under this Act shall act only
on an affirmative vote of a majority of the voting members of the
applicable Commission.
SEC. 7. COMMISSION POWERS.
(a) Gifts.--The Commission may solicit, accept, use, and dispose of
gifts, bequests, or devises of money or other property for aiding or
facilitating the work of the Commission.
(b) Appointment of Advisory Committees.--The Commission may appoint
such advisory committees as the Commission determines to be necessary
to carry out this Act.
(c) Authorization of Action.--The Commission may authorize any member
or employee of the Commission to take any action that the Commission is
authorized to take under this Act.
(d) Procurement.--
(1) In general.--The Commission may procure supplies,
services, and property, and make or enter into contracts,
leases, or other legal agreements, to carry out this Act
(except that a contract, lease, or other legal agreement made
or entered into by the Commission shall not extend beyond the
date of termination of the Commission).
(2) Limitation.--The Commission may not purchase real
property.
(e) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as other agencies of
the Federal Government.
(f) Grants.--
(1) Champlain commission.--The Champlain Commission may make
grants in amounts not to exceed $20,000--
(A) to communities, nonprofit organizations, and
State commemorative commissions to develop programs to
assist in the Champlain commemoration; and
(B) to research and scholarly organizations to
research, publish, or distribute information relating
to the early history of the voyage of Samuel de
Champlain.
(2) Hudson-fulton commission.--The Hudson-Fulton Commission
may make grants in amounts not to exceed $20,000--
(A) to communities, nonprofit organizations, and
State commemorative commissions to develop programs to
assist in the Hudson-Fulton commemoration; and
(B) to research and scholarly organizations to
research, publish, or distribute information relating
to the early history of the voyages of Henry Hudson and
Robert Fulton.
(g) Technical Assistance.--The Commission shall provide technical
assistance to States, localities, and nonprofit organizations to
further the Champlain commemoration and Hudson-Fulton commemoration, as
applicable.
(h) Coordination and Consultation With Lake Champlain Basin
Program.--The Champlain Commission shall coordinate and consult with
the Lake Champlain Basin Program to provide grants and technical
assistance under subsections (f)(1) and (g) for the development of
activities commemorating the voyage of Samuel de Champlain.
SEC. 8. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) In general.--Except as provided in paragraph (2), a
member of the Commission shall serve without compensation.
(2) Federal employees.--A member of the Commission who is an
officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--The Commission may, without regard to the civil service
laws (including regulations), appoint and terminate an Executive
Director and such other additional personnel as are necessary to enable
the Commission to perform the duties of the Commission.
(d) Compensation.--
(1) In general.--Except as provided in paragraph (2), the
Commission may fix the compensation of the Executive Director
and other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates.
(2) Maximum rate of pay.--The rate of pay for the Executive
Director and other personnel shall not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(e) Detail of Government Employees.--
(1) Federal employees.--
(A) In general.--At the request of the Commission,
the head of any Federal agency may detail, on a
reimbursable or nonreimbursable basis, any of the
personnel of the agency to the Commission to assist the
Commission in carrying out the duties of the Commission
under this Act.
(B) Civil service status.--The detail of an employee
under subparagraph (A) shall be without interruption or
loss of civil service status or privilege.
(2) State employees.--The Commission may--
(A) accept the services of personnel detailed from
the State of New York or the State of Vermont, as
appropriate (including subdivisions of the States); and
(B) reimburse the State of New York or the State of
Vermont for services of detailed personnel.
(3) Lake champlain basin program employees.--The Champlain
Commission may--
(A) accept the services of personnel detailed from
the Lake Champlain Basin Program; and
(B) reimburse the Lake Champlain Basin Program for
services of detailed personnel.
(4) Procurement of temporary and intermittent services.--The
Commission may procure temporary and intermittent services in
accordance with section 3109(b) of title 5, United States Code,
at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of that title.
(f) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
(g) Support Services.--The Secretary shall provide to the Commission,
on a reimbursable basis, such administrative support services as the
Commission may request.
(h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
SEC. 9. REPORTS.
Not later than September 30, 2010, the Commission shall submit to the
Secretary a report that contains--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by the
Commission; and
(3) the findings and recommendations of the Commission.
SEC. 10. TERMINATION OF COMMISSIONS.
(a) Date of Termination.--The Commission shall terminate on December
31, 2010.
(b) Transfer of Documents and Materials.--Before the date of
termination specified in subsection (a), the Commission shall transfer
all of its documents and materials of the Commission to the National
Archives or another appropriate Federal entity.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry out
this Act for each of fiscal years 2008 through 2011--
(1) $500,000 to the Champlain Commission; and
(2) $500,000 to the Hudson-Fulton Commission.
(b) Availability.--Amounts made available under subsection (a) shall
remain available until expended.
PURPOSE
The purpose of S. 1148 is to establish two Federal
commissions: the Champlain Quadricentennial Commemoration
Commission to commemorate the 400th anniversary of the voyage
of Samuel de Champlain; and the other to establish the Hudson-
Fulton 400th Commemoration Commission to commemorate the 400th
anniversary of the voyage of Henry Hudson and the 200th
anniversary of the voyage of Robert Fulton.
BACKGROUND AND NEED
S. 1148 would establish two federal commissions to
commemorate the 400th anniversary of the voyages of Henry
Hudson and Samuel de Champlain, and the 200th anniversary of
the voyage of Robert Fulton.
Henry Hudson (c. 1565-1611) was an English navigator and
explorer who searched in the early part of the seventeenth
century to try and find a route from Europe to Asia via the
Arctic Ocean. His third expedition was under contract to the
Dutch East India Company. Sailing from Holland in 1609 on the
vessel ``Half Moon,'' Hudson had to abandon his northeast
voyage because of bad weather. Instead, he sailed along the
Atlantic coast of North America in search of the Northwest
Passage to the Pacific Ocean. He eventually entered the river,
now named after him, and sailed up the river for approximately
150 miles, until determining that the river was not the
Northwest Passage.
Hudson returned to North America again in 1610, entering
into what is now known as Hudson Bay. When winter weather
forced his return to England, Hudson and his son were
overthrown by a crew mutiny, and cast adrift in Hudson Bay.
Samuel de Champlain (1567-1635) was a French explorer.
Following an expedition to the Caribbean, Champlain sailed as
an observer in 1603 on a voyage up the ``River of Canada,'' now
known as the St. Lawrence River. The following year, he sailed
to the Acadia region around the Bay of Fundy, spending three
years there.
In 1608, Champlain led another expedition up the St.
Lawrence River and founded the city of Quebec. He survived the
first winter there with only eight other settlers. However,
they were joined by new colonists the following year. While
there he established a fur trade with local Indian tribes, and
in 1609, visited the lake now named after him, the first
European to do so. Although the fur trade collapsed in 1611,
threatening the abandonment of Quebec, Champlain convinced King
Louis XIII to maintain the settlement, eventually serving as
commandant of New France, as the area was known. Champlain made
his final voyage from France to Quebec in 1633.
Robert Fulton (1765-1815) was an American inventor and
engineer credited with designing the first commercially
successful steam-powered boat. In 1801, after failing to
succeed as an artist in Europe, Fulton met Robert Livingston,
the Minister to France, who had obtained a 20-year monopoly of
steamboat navigation within the State of New York. Fulton and
Livingston agreed to work together toward building a steamboat,
using Fulton's design. Although their initial attempts were
unsuccessful, in 1807 a 150-foot twin paddlewheel steamboat
made the 150-mile averaging almost 5 miles per hour, almost
three times faster than the fastest sailing sloops of the day.
Eventually Fulton strengthened and modified the original boat
design, calling the new ship the ``North River Steamboat of
Clermont,'' later reduced to the ``Clermont.''
Hudson and Champlain's explorations led to the
establishment of Fort Orange, a Dutch, and later English,
settlement of what is now Albany, New York, as well as the
establishment of French trading posts, military forts, and
settlements as far south as Lake George. From these early
establishments came increased trade, commerce, cultural, and
religious impact deep into the Mohawk Valley and as far west as
Lake Erie. Fulton's efforts almost 200 years later
revolutionized waterborne commerce.
LEGISLATIVE HISTORY
S. 1148 was introduced by Senators Clinton, Schumer, Leahy,
and Sanders on April 18, 2007. The Subcommittee on National
Parks held a hearing on the bill on July 12, 2007.
Similar legislation, S. 1311, was introduced by Senator
Clinton in the 108th Congress. The Subcommittee on National
Parks held a hearing on the bill on September 21, 2004 (S. Hrg.
108-739). Legislation was also introduced in the 109th
Congress, S. 2059, but no action was taken on the bill.
At its business meeting on July 25, 2007, the Committee on
Energy and Natural Resources ordered S. 1148 favorably reported
with an amendment in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 25, 2007, by a voice vote of a quorum
present, recommends that the Senate pass S. 1148, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1148, the Committee adopted
an amendment in the nature of a substitute. The amendment
incorporates several clarifying changes and modifies the
appointment of commission members to address Constitutional
concerns raised by the Department of Justice. The amendment is
described in detail in the section-by-section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``Hudson-Fulton-
Champlain Quadricentennial Commemoration Commission Act of
2007.''
Section 2 requires the two commissions established under
this Act to coordinate with each other to ensure that the
commemorations of Henry Hudson, Robert Fulton, and Samuel de
Champlain are consistent with the plans of New York and Vermont
State commemorative commissions.
Section 3 defines key terms used in the bill.
Section 4(a) establishes the Champlain Quadricentennial
Commemoration Commission.
Subsection (b) provides for the appointment of the 10
commission members by the Secretary of the Interior.
Subsection (c) sets for the duties of the commission, which
include planning, developing, and executing programs and
activities appropriate to commemorate the 400th anniversary of
the voyage of Samuel de Champlain.
Section 5(a) establishes the Hudson-Fulton 400th
Commemoration Commission.
Subsection (b) provides for the appointment of the 15
commission members by the Secretary of the Interior.
Subsection (c) sets forth the duties of the commission,
which include planning, developing, and executing programs and
activities appropriate to commemorate the 400th anniversary of
the voyage of Henry Hudson and the 200th anniversary of the
voyage of Robert Fulton.
Section 6 addresses meeting requirements for both
commissions.
Subsection (a) requires each commission to meet within 30
days after all members have been appointed.
Subsection (b) requires each commission to meet at least
twice each year or at the call of the Chairperson or a majority
of the commission members.
Subsection (c) provides that a majority of voting members
shall constitute a quorum, but a lesser number may hold
meetings.
Subsection (d) states that each commission shall elect a
Chairperson and a Vice Chairperson on an annual basis, and in
the absence of the Chairperson, the Vice Chairperson shall
chair the commission.
Subsection (e) authorizes each commission to act only upon
the affirmative vote of a majority of its voting members.
Section 7 lists commission powers, and applies to both
commissions.
Subsection (a) authorizes each commission to solicit,
accept, use, and dispose of gifts, bequests, devises, and other
property to aid or facilitate the work of the commission.
Subsection (b) allows each commission to appoint any
advisory commission it determines necessary.
Subsection (c) provides that each commission may authorize
a member or employee of the commission to take any action the
commission is authorized to take.
Subsection (d) authorizes each commission to procure
supplies, services, and property, and enter into contracts,
leases, or other legal agreements, except that the commission
may not purchase real property.
Subsection (e) states that each commission may use the
United States mail in the same manner and under the same
conditions as other Federal agencies.
Subsection (f) authorizes each commission to make grants
not to exceed $20,000 to various listed entities.
Subsection (g) authorizes each commission to provide
technical assistance to States, localities, and non-profit
organizations.
Subsection (h) requires the Champlain Commission to
coordinate and consult with the Lake Champlain Basin Program.
Section 8 addresses commission personnel matters, and
applies to both commissions.
Subsection (a) provides that commission members shall serve
without compensation. Officers or employees of the Federal
government who serve as a commission member may not receive
additional compensation for serving on the commission.
Subsection (b) provides for the payment of per diem
expenses for commission members while on official business.
Subsection (c) authorizes each commission to appoint an
Executive Director and hire such other personnel as are
necessary without regard to the Civil Service laws.
Subsection (d) allows each commission to fix compensation
for the Executive Director and other staff without regard to
the Federal rates of pay, except that no employee may be paid
at a rate greater than the rate payable for level V of the
Executive Service (currently $136,200).
Subsection (e) authorizes Federal and State agencies to
detail personnel to either commission on a reimbursable or non-
reimbursable basis.
Subsection (f) authorizes each commission to accept and use
voluntary services.
Subsection (g) requires the Department of the Interior to
provide administrative support services on a reimbursable
basis.
Subsection (h) waives section 14(b) of the Federal Advisory
Committee Act, which requires approval of a charter.
Section 9 requires each commission to submit a report to
the Secretary of the Interior by September 30, 2010,
summarizing the activities of the commission, providing a final
accounting of funds, and including any findings and
recommendations of the commission.
Section 10(a) provides that both commissions shall
terminate on December 31, 2010.
Subsection (b) requires each commission to transfer all of
its documents to the National Archives or other appropriate
Federal entity prior to termination.
Section 11 authorizes the appropriation of $500,000 for
each of fiscal years 2008 through 2011 for each commission.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
July 30, 2007.
Hon. Jeff Bingaman,
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. 1148, the Hudson-
Fulton-Champlain Quadricentennial Commemoration Commission Act
of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 1148--Hudson-Fulton-Champlain Quadricentennial Commemoration
Commission Act of 2007
S. 1148 would establish the Champlain Quadricentennial
Commemoration Commission and the Hudson-Fulton 400th
Commemoration Commission. The first commission--consisting of
10 members--would plan, develop, and execute programs and
activities related to the 400th anniversary of the voyage of
Samuel De Champlain. The second commission--consisting of 15
members--would plan, develop, and execute programs and
activities related to the 400th anniversary of the voyage of
Henry Hudson and the 200th anniversary of the voyage of Robert
Fulton.
Each commission would have three years to report on its
activities, findings, and recommendations. Members would serve
without pay, but would be reimbursed for travel expenses. The
legislation would allow the commissions to make grants to
communities, nonprofit organizations, and other groups to
commemorate and research the voyages. In addition, the
commissions could hire staff, use personnel from other federal
agencies or state governments, and rely on volunteers. Each
commission would submit its final report in September 2010 and
terminate in December 2010. To fund the costs of the
commissions, the bill would authorize the appropriation of $1
million ($500,000 per commission) annually over the 2008-2011
period.
Assuming the appropriation of the authorized amounts, CBO
estimates that implementing S. 1148 would cost about $4 million
over the 2008-2011 period. Because S. 1148 would authorize the
commissions to accept and use gifts, the legislation could
affect revenues and direct spending. CBO estimates that any
revenues from contributions and subsequent direct spending
would be less than $500,000 annually.
S. 1148 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit the states of New York, New Jersey, and Vermont.
On July 26, 2007, CBO transmitted a cost estimate for H.R.
1520, the Hudson-Fulton-Champlain Quadricentennial
Commemoration Act of 2007, as ordered reported by the House
Committee on Oversight and Government Reform on July 19, 2007.
The two bills are similar and the estimated costs are
identical.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Peter H. Fontaine,
Deputy 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. 1148. 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. 1148, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the July 12, 2007, Subcommittee hearing on S. 1148 follows:
Statement of Katherine H. Stevenson, Acting Assistant Director,
Business Services, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
views of the Department of the Interior on S. 1148, a bill to
provide for the establishment of the Champlain Quadricentennial
Commemoration Commission and the Hudson-Fulton 400th
Commemoration Commission.
The Department supports this bill. The Department of
Justice has advised us that it has constitutional concerns
about certain appointment provisions in sections 102(b) and
202(b) of the bill and will transmit amendments at a later date
to resolve these concerns.
S. 1148 provides for the establishment of two separate
commissions to undertake activities celebrating the
contributions of Samuel de Champlain, and those of Henry Hudson
and Robert Fulton to the history of our nation. The French
explorer, Samuel de Champlain, was the first European to
discover and explore what is now called Lake Champlain in 1609.
Henry Hudson, as the master of the vessel Half Moon, was the
first European to sail up the river that now bears his name,
also in 1609. In 1807, Robert Fulton navigated up the same
river between New York City and Albany in the steamboat
Claremont, revolutionizing the method of waterborne
transportation and influencing forever commerce, the world's
navies, and transoceanic travel and trade.
Title I would establish the Champlain Quadricentennial
Commemoration Commission, composed of 11 members, who would be
appointed by the Secretary of the Interior. Four of the members
would be from among individuals serving on the Hudson-Fulton-
Champlain Commission of the State of New York and residents of
the Champlain Valley, and four members would be from among
individuals serving on the Champlain Quadricentennial
Commission of the State of Vermont and residents of Vermont.
Title II would establish the Hudson-Fulton 400th
Commemoration Commission, composed of 16 members, would be
appointed by the Secretary, six of whom would be after
consideration of nominations from members of the House of
Representatives whose districts encompass the Hudson River
Valley, two after consideration of nominations submitted by
members of the U.S. Senate from the State of New York, and two
after consideration of the recommendations of the Mayor of the
City of New York and consultation with members of the House of
Representatives whose districts encompass the City of New York.
The duties of the respective Commissions are to plan,
develop, and execute appropriate commemorative actions,
coordinate with federal and state entities, promote scholarly
research, and encourage a wide range of organizations to
participate in activities and expand understanding and
appreciation of the significance of the voyages of these three
men. They are granted broad powers to accomplish these tasks.
Both are also to coordinate their respective efforts with each
other to ensure that the commemorations conducted pursuant to
the legislation are consistent with the plans of the
commemorative commissions established by the States of New York
and Vermont.
The bill provides annual funding authorizations of $500,000
for each commission to be available until expended. Specific
allocations of funds to be expended by the commissions are also
included. The Champlain Commission's authorized appropriations
between fiscal years 2008 and 2011 shall be expended with 45%
going to activities in New York; 45% for activities in Vermont;
and 10% for other activities in accordance with purposes of the
legislation. The Commission will terminate on December 31,
2010. The Hudson-Fulton Commission's authorized appropriations,
also between fiscal year 2008 and 2011, shall be expended with
80% for activities in the Hudson River Valley; 10% for
activities in the City of New York; and 10% for other
activities in accordance with the purposes of the legislation.
This Commission will also terminate on December 31, 2010.
Both commissions are authorized to solicit, accept, use,
and dispose of gifts, bequests, or devises of real money or
other real or personal property for use in aiding or
facilitating their work. Both are also authorized to appoint
advisory committees as they determine necessary for carrying
out the purposes of the legislation.
Back in the 108th Congress, the Department testified on a
similar bill to establish the Hudson-Fulton-Champlain
Commission. During that hearing, the Department raised three
concerns we had with the bill. First, we were concerned about
size of the commission that numbered 31 members. Second, we
recommended that the bill clearly state that the commission was
authorized to accept monetary donations to accomplish its
purposes. And third, we recommended that the authorization of
appropriations to the commission be capped. S. 1148 integrates
all three of our recommended amendments.
The persons and events associated with the explorations of
Lake Champlain and the Hudson River, and the inauguration of
steam powered water-borne transportation form significant
elements in our nation's history. As we commemorate the
contributions of Samuel de Champlain, Henry Hudson and Robert
Fulton, citizens of the United States and those abroad will
come to have a better understanding of their impacts on early
exploration, navigation, our national heritage, and the
development of the United States.
Mr. Chairman, this concludes my testimony. I would be
pleased to answer any questions you or other members of the
committee may 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. 1148, as
ordered reported.