108TH CONGRESS

2D SESSION H. R. 2528

AN ACT

To establish the Hudson-Fulton-Champlain 400th

poses.Commemoration Commission, and for other pur-

108TH CONGRESS

2D SESSION H. R. 2528

AN ACT

To establish the Hudson-Fulton-Champlain 400th

Commemoration Commission, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Hudson-Fulton-Cham3 plain 400th Commemoration Commission Act of 2004’’

4 SEC. 2. FINDINGS AND PURPOSE.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) The first European exploration of the Hud7 son River and Lake Champlain and the introduction

8 of steam navigation to maritime commerce were

9 events of major historical importance, both in the

10 United States and internationally.

11 (2) In 1609, Englishman Henry Hudson, acting

12 in service of the Dutch East India Company, was

13 the first European to sail up the river later named

14 for him in the vessel HALF MOON, and French ex15 plorer Samuel de Champlain was the first European

16 to see the lake later named for him.

17 (3) These voyages were two of the most signifi18 cant passages in the European exploration and dis19 covery of America, and began two of the earliest

20 contacts in the New World between Native Ameri21 cans and Europeans.

22 (4) These explorations led to the establishment

23 of Fort Orange, a Dutch (and later English) settle24 ment of what is now the capital city of the State of

25 New York, and settlement of French Quebec settle26 ments as far south as Lake George. From these
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1 early settlements came an influence on the Nation’s

2 history, culture, law, commerce, and traditions of

3 liberty which extends to the present day, and which

4 is constantly reflected in the position of the United

5 States as the leader of the nations of the free world.

6 (5) In 1807, Robert Fulton navigated the Hud7 son River from the city of New York to Albany in

8 the steamboat CLERMONT, successfully inau9 gurating steam navigation on a commercial basis.

10 This event is one of the most important events in

11 the history of navigation. It revolutionized water12 borne commerce on the great rivers of the United

13 States, transformed naval warfare, and fostered

14 international relations through transoceanic travel

15 and trade.

16 (6) The National Park Service owns and oper17 ates significant resources in New York related to the

18 early history of the nation and the Hudson River

19 Valley.

20 (7) In 2002, the State of New York established

21 a Hudson-Fulton-Champlain Commission.

22 (8) In 2003, the State of Vermont established

23 a Lake Champlain Quadricentennial Commission.
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1 (b) PURPOSE.—The purpose of this Act is to estab2 lish the Hudson-Fulton-Champlain 400th Commemora3 tion Commission to—

4 (1) ensure a suitable national observance of the

5 Henry Hudson, Robert Fulton, and Samuel de

6 Champlain 2009 anniversaries through cooperation

7 with and assistance to the programs and activities of

8 New York, New Jersey, Vermont, and the com9 memorative commissions formed by the States;

10 (2) assist in ensuring that Hudson-Fulton11 Champlain 2009 observances provide an excellent

12 visitor experience and beneficial interaction between

13 visitors and the natural and cultural resources of the

14 New York, New Jersey, and Vermont sites;

15 (3) assist in ensuring that Hudson-Fulton16 Champlain 2009 observances are inclusive and ap17 propriately recognize the diverse Hudson River and

18 Lake Champlain communities that developed over

19 four centuries;

20 (4) facilitate international involvement in the

21 Hudson-Fulton-Champlain 2009 observances;

22 (5) support and facilitate marketing efforts for

23 a commemorative coin, a commemorative stamp, and

24 related activities for the Hudson-Fulton-Champlain

25 2009 observances; and
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1 (6) assist in the appropriate development of

2 heritage tourism and economic benefits to the

3 United States.

4 SEC. 3. DEFINITIONS.

5 In this Act:

6 (1) COMMEMORATION.—The term ‘‘commemo7 ration’’ means the commemoration of—

8 (A) the 200th anniversary of Robert Ful9 ton’s voyage in the CLERMONT;

10 (B) the 400th anniversary of Henry Hud11 son’s voyage in the HALF MOON; and

12 (C) the 400th anniversary of Samuel de

13 Champlain’s voyage.

14 (2) COMMISSION.—The term ‘‘Commission’’

15 means the Hudson-Fulton-Champlain 400th Com16 memoration Commission established by section 4(a).

17 (3) GOVERNORS.—The term ‘‘Governors’’

18 means the Governors of the States of New York,

19 New Jersey, and Vermont.

20 (4) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior.

22 (5) STATES.—The term ‘‘States’’—

23 (A) means the States of New York, New

24 Jersey, and Vermont; and
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1 (B) includes agencies and entities of each

2 such State.

3 SEC. 4. HUDSON-FULTON-CHAMPLAIN 400TH COMMEMORA4 TION COMMISSION.

5 (a) IN GENERAL.—The Secretary shall establish a

6 commission to be known as the ‘‘Hudson-Fulton-Cham7 plain 400th Commemoration Commission’’.

8 (b) MEMBERSHIP.—

9 (1) IN GENERAL.—The Commission shall be

10 composed of 31 members, of whom—

11 (A) 3 members shall be appointed by the

12 Secretary, after consideration of the rec13 ommendations of the Governors;

14 (B) 13 members shall be appointed by the

15 Secretary, after consideration of the rec16 ommendations from the Members of the House

17 of Representatives whose districts encompass

18 the Hudson River Valley and Champlain Valley;

19 (C) 6 members shall be appointed by the

20 Secretary, after consideration of the rec21 ommendations from the Members of the Senate

22 from New York, New Jersey, and Vermont;

23 (D) 2 members shall be employees of the

24 National Park Service, of whom—
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1 (i) one shall be the Director of the

2 National Park Service (or a designee); and

3 (ii) one shall be an employee of the

4 National Park Service having experience

5 relevant to the commemoration, who shall

6 be appointed by the Secretary;

7 (E) one member shall be appointed by the

8 Secretary, and shall be an individual knowledge9 able of the Hudson River Valley National Herit10 age Area;

11 (F) 6 members shall be appointed by the

12 Secretary, and shall be individuals that have an

13 interest in, support for, and expertise appro14 priate to, the commemoration;

15 (G) one member shall be the chairperson

16 of any commemorative commission formed by

17 New York, or the designee of the chairperson;

18 (H) one member shall be the chairperson

19 of any commemorative commission formed by

20 New Jersey, or the designee of the chairperson;

21 and

22 (I) one member shall be the chairperson of

23 any commemorative commission formed by

24 Vermont, or the designee of the chairperson.

25 (2) TERM; VACANCIES.—
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1 (A) TERM.—Each member of the Commis2 sion shall be appointed for the life of the Com3 mission.

4 (B) VACANCIES.—

5 (i) IN GENERAL.—A vacancy on the

6 Commission shall be filled in the same

7 manner in which the original appointment

8 was made.

9 (ii) PARTIAL TERM.—A member ap10 pointed to fill a vacancy on the Commis11 sion shall serve for the remainder of the

12 term for which the predecessor of the

13 member was appointed.

14 (3) MEETINGS.—

15 (A) IN GENERAL.—The Commission shall

16 meet—

17 (i) at least twice each year; or

18 (ii) at the call of the Chairperson or

19 the majority of the members of the Com20 mission.

21 (B) INITIAL MEETING.—Not later than 30

22 days after the date on which all members of the

23 Commission have been appointed, the Commis24 sion shall hold the initial meeting of the Com25 mission.
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1 (4) CHAIRPERSON AND VICE CHAIRPERSON.—

2 (A) The Commission shall elect the chairperson and

3 the vice chairperson of the Commission on an annual

4 basis.

5 (B) The vice chairperson shall serve as the

6 chairperson in the absence of the chairperson.

7 (5) QUORUM.—A majority of voting members

8 shall constitute a quorum, but a lesser number may

9 hold meetings.

10 (6) VOTING.—

11 (A) IN GENERAL.—The Commission shall

12 act only on an affirmative vote of a majority of

13 the voting members of the Commission.

14 (B) NONVOTING MEMBERS.—The individ15 uals appointed under subparagraphs (G), (H),

16 and (I) of paragraph (1) shall be nonvoting

17 members, and shall serve only in an advisory

18 capacity.

19 (c) DUTIES.—

20 (1) IN GENERAL.—The Commission shall—

21 (A) plan, develop, and execute programs

22 and activities appropriate to commemorate the

23 400th anniversary of the voyage of Henry Hud24 son, the first European to sail up the Hudson

25 River, the 200th anniversary of the voyage of
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1 Robert Fulton, the first person to use steam

2 navigation on a commercial basis, the 400th an3 niversary of the voyage of Samuel de Cham4 plain, the first European to discover and ex5 plore Lake Champlain;

6 (B) facilitate Hudson-Fulton-Champlain7 related activities throughout the United States;

8 (C) coordinate its activities with State

9 commemoration commissions and appropriate

10 Federal Government agencies, including the De11 partments of Agriculture, Defense, State, and

12 Transportation, the National Park Service with

13 respect to the Hudson River Valley National

14 Heritage Area, and the American Heritage Riv15 ers Initiative Interagency Committee estab16 lished by Executive Order 13061, dated Sep17 tember 11, 1997;

18 (D) encourage civic, patriotic, historical,

19 educational, religious, economic, and other or20 ganizations throughout the United States to or21 ganize and participate in anniversary activities

22 to expand the understanding and appreciation

23 of the significance of the voyages of Henry

24 Hudson, Robert Fulton, and Samuel de Cham25 plain;
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1 (E) provide technical assistance to States,

2 localities, and nonprofit organizations to further

3 the commemoration;

4 (F) coordinate and facilitate for the public

5 scholarly research on, publication about, and in6 terpretation of, the voyages of Henry Hudson,

7 Robert Fulton, and Samuel de Champlain; and

8 (G) ensure that the Hudson-Fulton-Cham9 plain 2009 anniversaries provide a lasting leg10 acy and long-term public benefit by assisting in

11 the development of appropriate programs and

12 facilities.

13 (2) STRATEGIC PLAN AND ANNUAL PERFORM14 ANCE PLANS.—The Commission shall prepare a

15 strategic plan in accordance with section 306 of title

16 5, United States Code, and annual performance

17 plans in accordance with section 1115 of title 31,

18 United States Code, for the activities of the Com19 mission carried out under this Act.

20 (3) REPORTS.—

21 (A) ANNUAL REPORT.—The Commission

22 shall submit to Congress an annual report that

23 contains a list of each gift, bequest, or devise

24 with a value of more than $250, together with
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1 the identity of the donor of each such gift, be2 quest, or devise.

3 (B) FINAL REPORT.—Not later than Sep4 tember 30, 2010, the Commission shall submit

5 to the Secretary a final report that contains—

6 (i) a summary of the activities of the

7 Commission;

8 (ii) a final accounting of funds re9 ceived and expended by the Commission;

10 and

11 (iii) the findings and recommenda12 tions of the Commission.

13 (d) POWERS OFTHE COMMISSION.—The Commission

14 may—

15 (1) solicit, accept, use, and dispose of gifts, be16 quests, or devises of money or other real or personal

17 property for the purpose of aiding or facilitating the

18 work of the Commission;

19 (2) appoint such advisory committees as the

20 Commission determines to be necessary to carry out

21 this Act;

22 (3) authorize any member or employee of the

23 Commission to take any action that the Commission

24 is authorized to take by this Act;
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1 (4) procure supplies, services, and property, and

2 make or enter into contracts, leases, or other legal

3 agreements, to carry out this Act (except that any

4 contracts, leases, or other legal agreements made or

5 entered into by the Commission shall not extend be6 yond the date of the termination of the Commis7 sion);

8 (5) use the United States mails in the same

9 manner and under the same conditions as other

10 Federal agencies;

11 (6) subject to approval by the Commission,

12 make grants in amounts not to exceed $20,000 to

13 communities, nonprofit organizations, and com14 memorative commissions formed by the States to de15 velop programs to assist in the commemoration; and

16 (7) make grants in amounts not to exceed

17 $20,000 to research and scholarly organizations to

18 research, publish, or distribute information relating

19 to the early history of the voyages of Hudson, Ful20 ton, and Champlain.

21 (e) COMMISSION PERSONNEL MATTERS.—

22 (1) COMPENSATION OFMEMBERS OFTHE COM23 MISSION.—
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1 (A) IN GENERAL.—Except as provided in

2 subparagraph (B), a member of the Commis3 sion shall serve without compensation.

4 (B) FEDERAL EMPLOYEES.—A member of

5 the Commission who is an officer or employee

6 of the Federal Government shall serve without

7 compensation in addition to the compensation

8 received for the services of the member as an

9 officer or employee of the Federal Government.

10 (C) TRAVEL EXPENSES.—A member of the

11 Commission shall be allowed travel expenses, in12 cluding per diem in lieu of subsistence, at rates

13 authorized for an employee of an agency under

14 subchapter I of chapter 57 of title 5, United

15 States Code, while away from the home or reg16 ular place of business of the member in the per17 formance of the duties of the Commission.

18 (2) STAFF.—

19 (A) IN GENERAL.—The Chairperson of the

20 Commission may, without regard to the civil

21 service laws (including regulations), appoint

22 and terminate an executive director and such

23 other additional personnel as are necessary to

24 enable the Commission to perform the duties of

25 the Commission.
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1 (B) CONFIRMATION OF EXECUTIVE DIREC2 TOR.—The employment of an executive director

3 shall be subject to confirmation by the Commis4 sion.

5 (3) COMPENSATION.—

6 (A) IN GENERAL.—Except as provided in

7 subparagraph (B), the Chairperson of the Com8 mission may fix the compensation of the execu9 tive director and other personnel without regard

10 to the provisions of chapter 51 and subchapter

11 III of chapter 53 of title 5, United States Code,

12 relating to classification of positions and Gen13 eral Schedule pay rates.

14 (B) MAXIMUM RATE OFPAY.—The rate of

15 pay for the executive director and other per16 sonnel shall not exceed the rate payable for

17 level V of the Executive Schedule under section

18 5316 of title 5, United States Code.

19 (4) DETAIL OFGOVERNMENT EMPLOYEES.—

20 (A) FEDERAL EMPLOYEES.—

21 (i) IN GENERAL.—At the request of

22 the Commission, the head of any Federal

23 agency may detail, on a reimbursable or

24 nonreimbursable basis, any of the per25 sonnel of the agency to the Commission to
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1 assist the Commission in carrying out the

2 duties of the Commission under this Act.

3 (ii) CIVIL SERVICE STATUS.—The de4 tail of an employee under clause (i) shall

5 be without interruption or loss of civil serv6 ice status or privilege.

7 (B) STATE EMPLOYEES.—The Commission

8 may—

9 (i) accept the services of personnel de10 tailed from States (including subdivisions

11 of States); and

12 (ii) reimburse States for services of

13 detailed personnel.

14 (5) VOLUNTEER AND UNCOMPENSATED SERV15 ICES.—Notwithstanding section 1342 of title 31,

16 United States Code, the Commission may accept and

17 use voluntary and uncompensated services as the

18 Commission determines necessary.

19 (6) SUPPORT SERVICES.—The Director of the

20 National Park Service shall provide to the Commis21 sion, on a reimbursable basis, such administrative

22 support services as the Commission may request.

23 (f) PROCUREMENT OF TEMPORARY AND INTERMIT24 TENT SERVICES.—The Chairperson of the Commission

25 may procure temporary and intermittent services in ac-
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1 cordance with section 3109(b) of title 5, United States

2 Code, at rates for individuals that do not exceed the daily

3 equivalent of the annual rate of basic pay prescribed for

4 level V of the Executive Schedule under section 5316 of

5 that title.

6 (g) FACA NONAPPLICABILITY.—Section 14(b) of the

7 Federal Advisory Committee Act (5 U.S.C. App.) shall not

8 apply to the Commission.

9 (h) NO EFFECT ON AUTHORITY.—Nothing in this

10 section supersedes the authority of the States or the Na11 tional Park Service concerning the commemoration.

12 (i) TERMINATION.—The Commission shall terminate

13 on December 31, 2010, and shall transfer all documents

14 and materials of the Commission to the National Archives

15 or other appropriate Federal entity.

16 SEC. 5. AUDIT OF COMMISSION.

17 The Inspector General of the Department of the Inte18 rior shall perform an annual audit of the Commission and

19 shall make the results of the audit available to the public.
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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated $500,000 for

3 each of fiscal years 2005 through 2011 to carry out this

4 Act.

Passed the House of Representatives September 22,

2004.

Attest:

Clerk.