I

106TH CONGRESS

2D SESSION H. R. 5375

To establish the Erie Canalway National Heritage Corridor in the State

of New York, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 3, 2000

Mr. WALSH (for himself, Mr. BOEHLERT, Mr. GILMAN, Mr. REYNOLDS, Mr.

QUINN, Mr. LAZIO, Mr. HOUGHTON, Mr. MCHUGH, and Mr. SWEENEY)

introduced the following bill; which was referred to the Committee on Resources

A BILL

To establish the Erie Canalway National Heritage Corridor

in the State of New York, 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,

3 SECTION. 1. SHORT TITLE; DEFINITIONS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Erie Canalway National Heritage Corridor Act’’.

6 (b) DEFINITIONS.—For the purposes of this Act, the

7 following definitions shall apply:

8 (1) ERIE CANALWAY.—The term ‘‘Erie

9 Canalway’’ means the 524 miles of navigable canal
2

•HR 5375 IH

1 that comprise the New York State Canal System, in2 cluding the Erie, Cayuga and Seneca, Oswego, and

3 Champlain Canals and the historic alignments of

4 these canals, including the cities of Albany and Buf5 falo.

6 (2) CANALWAY PLAN.—The term ‘‘Canalway

7 Plan’’ means the comprehensive preservation and

8 management plan for the Corridor required under

9 section 6.

10 (3) COMMISSION.—The term ‘‘Commission’’

11 means the Erie Canalway National Heritage Cor12 ridor Commission established under section 4.

13 (4) CORRIDOR.—The term ‘‘Corridor’’ means

14 the Erie Canalway National Heritage Corridor es15 tablished under section 3.

16 (5) GOVERNOR.—The term ‘‘Governor’’ means

17 the Governor of the State of New York.

18 (6) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of the Interior.

20 SEC. 2. FINDINGS AND PURPOSES.

21 (a) FINDINGS.—The Congress finds that—

22 (1) the year 2000 marks the 175th Anniversary

23 of New York State’s creation and stewardship of the

24 Erie Canalway for commerce, transportation and

25 recreational purposes, establishing the network
3

•HR 5375 IH

1 which made New York the ‘‘Empire State’’ and the

2 Nation’s premier commercial and financial center;

3 (2) the canals and adjacent areas that comprise

4 the Erie Canalway are a nationally significant re5 source of historic and recreational value, which merit

6 Federal recognition and assistance;––

7 (3) the Erie Canalway was instrumental in the

8 establishment of strong political and cultural ties be9 tween New England, upstate New York and the old

10 Northwest and facilitated the movement of ideas and

11 people ensuring that social reforms like the abolition

12 of slavery and the women’s rights movement spread

13 across upstate New York to the rest of the country;

14 (4) the construction of the Erie Canalway was

15 considered a supreme engineering feat, and most

16 American canals were modeled after New York

17 State’s canal;

18 (5) at the time of construction, the Erie

19 Canalway was the largest public works project ever

20 undertaken by a state, resulting in the creation of

21 critical transportation and commercial routes to

22 transport passengers and goods;

23 (6) the Erie Canalway played a key role in

24 turning New York City into a major port and New

25 York State into the preeminent center for commerce,
4

•HR 5375 IH

1 industry, and finance in North America and pro2 vided a permanent commercial link between the Port

3 of New York and the cities of eastern Canada, a cor4 nerstone of the peaceful relationship between the two

5 countries;

6 (7) the Erie Canalway proved the depth and

7 force of American ingenuity, solidified a national

8 identity, and found an enduring place in American

9 legend, song, and art;

10 (8) there is national interest in the preservation

11 and interpretation of the Erie Canalway’s important

12 historical, natural, cultural, and scenic resources;

13 and

14 (9) partnerships among Federal, State, and

15 local governments and their regional entities, non16 profit organizations, and the private sector offer the

17 most effective opportunities for the preservation and

18 interpretation of the Erie Canalway.

19 (b) PURPOSES.—The purposes of this Act are—

20 (1) to designate the Erie Canalway National

21 Heritage Corridor;

22 (2) to provide for and assist in the identifica23 tion, preservation, promotion, maintenance and in24 terpretation of the historical, natural, cultural, sce25 nic, and recreational resources of the Erie Canalway
5

•HR 5375 IH

1 in ways that reflect its national significance for the

2 benefit of current and future generations;

3 (3) to promote and provide access to the Erie

4 Canalway’s historical, natural, cultural, scenic and

5 recreational resources;

6 (4) to provide a framework to assist the State

7 of New York, its units of local government, and the

8 communities within the Erie Canalway in the devel9 opment of integrated cultural, historical, rec10 reational, economic, and community development

11 programs in order to enhance and interpret the

12 unique and nationally significant resources of the

13 Erie Canalway; and

14 (5) to authorize Federal financial and technical

15 assistance to the Commission to serve these pur16 poses for the benefit of the people of the State of

17 New York and the nation.

18 SEC. 3. THE ERIE CANALWAY NATIONAL HERITAGE COR19 RIDOR.

20 (a) ESTABLISHMENT.—To carry out the purposes of

21 this Act there is established the Erie Canalway National

22 Heritage Corridor in the State of New York.

23 (b) BOUNDARIES.—The boundaries of the Corridor

24 shall include those lands generally depicted on a map enti25 tled ‘‘Boundaries of Canalway Communities’’ numbered
6

•HR 5375 IH

1 ERCA ll and dated ll. This map shall be on file

2 and available for public inspection in the appropriate office

3 of the National Park Service, the office of the Commis4 sion, and the office of the New York State Canal Corpora5 tion in Albany, New York.

6 (c) BOUNDARY REVISIONS.—The boundaries of the

7 Corridor may be revised by an amendment to this Act pur8 suant to the request of the Secretary upon approval of

9 the Commission.

10 (d) OWNERSHIP AND OPERATION OF THE NEW YORK

11 STATE CANAL SYSTEM.—Nothing in this Act shall be con12 strued to alter the ownership, operation, or management

13 of the New York State Canal System.

14 SEC. 4. THE ERIE CANALWAY NATIONAL HERITAGE COR15 RIDOR COMMISSION.

16 (a) ESTABLISHMENT.—There is established the Erie

17 Canalway National Heritage Corridor Commission. The

18 purpose of the Commission shall be—

19 (1) to work with Federal, State, and local au20 thorities to develop and implement the Canalway

21 Plan; and

22 (2) to foster the integration of canal-related his23 torical, cultural, recreational, scenic, economic and

24 community development initiatives within the Cor25 ridor.
7

•HR 5375 IH

1 (b) MEMBERSHIP.—The Commission shall be com2 posed of 27 members as follows:

3 (1) The Secretary of the Interior, ex-officio or

4 the Secretary’s designee.

5 (2) 7 members, each of whom represents 1 of

6 the following agencies or those agencies’ successors:

7 The New York State Secretary of State, the Com8 missioners of the New York State Department of

9 Environmental Conservation, the New York State

10 Office of Parks, Recreation and Historic Preserva11 tion, the New York State Department of Agriculture

12 and Markets, the New York State Department of

13 Transportation, and the Chairpersons of the New

14 York State Canal Corporation, and the Empire

15 State Development Corporation; or their respective

16 designees.

17 (3) The remaining 19 members who reside

18 within the Corridor and are geographically dispersed

19 throughout the Corridor shall be from local govern20 ments and the private sector with knowledge of tour21 ism, economic and community development, regional

22 planning, historic preservation, cultural or natural

23 resource management, conservation, recreation, and

24 education or museum services. These members will

25 be appointed by the Governor no later than 6
8

•HR 5375 IH

1 months after the date of enactment of this Act as

2 follows;

3 (A) 10 members based on a recommenda4 tion from each member of the United States

5 House of Representatives whose district shall

6 encompass the Corridor. Each shall be a resi7 dent of the district from which they shall be

8 recommended.

9 (B) 2 members based on a recommenda10 tion from each United States Senator from New

11 York State.

12 (C) 7 members who shall be residents of

13 any county constituting the Corridor. One such

14 member shall be a member of the Canal

15 Recreationway Commission other than an ex16 officio member.

17 (c) APPOINTMENTS AND VACANCIES.—Members of

18 the Commission other than ex-officio members shall be ap19 pointed for terms of 3 years. Of the original appointments,

20 6 shall be for a term of 1 year, 6 shall be for a term

21 of 2 years and 7 shall be for a term of 3 years. Any mem22 ber of the Commission appointed for a definite term may

23 serve after expiration of the term until the successor of

24 the member is appointed. Any member appointed to fill

25 a vacancy shall serve for the remainder of the term for
9

•HR 5375 IH

1 which the predecessor was appointed. Any vacancy on the

2 Commission shall be filled in the same manner in which

3 the original appointment was made.

4 (d) COMPENSATION.—Members of the Commission

5 shall receive no compensation for their service on the Com6 mission. Members of the Commission, other than employ7 ees of the State and Canal Corporation, while away from

8 their homes or regular places of business to perform serv9 ices for the Commission, shall be allowed travel expenses,

10 including per diem in lieu of subsistence, in the same man11 ner as persons employed intermittently in Government

12 service are allowed under section 5703 of title 5, United

13 States Code.

14 (e) ELECTION OF OFFICES.—The Commission shall

15 elect the chairperson and the vice chairperson on an an16 nual basis. The vice chairperson shall serve as the chair17 person in the absence of the chairperson.

18 (f) QUORUM AND VOTING.—14 members of the Com19 mission shall constitute a quorum but a lesser number

20 may hold hearings. Any member of the Commission may

21 vote by means of a signed proxy exercised by another

22 member of the Commission, however, any member voting

23 by proxy shall not be considered present for purposes of

24 establishing a quorum. For the transaction of any business

25 or the exercise of any power of the Commission, the Com-
10

•HR 5375 IH

1 mission shall have the power to act by a majority vote

2 of the members present at any meeting at which a quorum

3 is in attendance.

4 (g) MEETINGS.—The Commission shall meet at least

5 quarterly at the call of the chairperson or 14 of its mem6 bers. Notice of Commission meetings and agendas for the

7 meetings shall be published in local newspapers through8 out the Corridor. Meetings of the Commission shall be

9 subject to section 552b of title 5, United States Code (re10 lating to open meetings).

11 (h) POWERS OF THE COMMISSION.—To the extent

12 that Federal funds are appropriated, the Commission is

13 authorized—

14 (1) to procure temporary and intermittent serv15 ices and administrative facilities at rates determined

16 to be reasonable by the Commission to carry out the

17 responsibilities of the Commission;

18 (2) to request and accept the services of per19 sonnel detailed from the State of New York or any

20 political subdivision, and to reimburse the State or

21 political subdivision for such services;

22 (3) to request and accept the services of any

23 Federal agency personnel, and to reimburse the Fed24 eral agency for such services;
11

•HR 5375 IH

1 (4) to appoint and fix the compensation of staff

2 to carry out its duties;

3 (5) to enter into cooperative agreements with

4 the State of New York, with any political subdivision

5 of the State, or any person for the purposes of car6 rying out the duties of the Commission;

7 (6) to make grants to assist in the preparation

8 and implementation of the Canalway Plan;

9 (7) to seek, accept, and dispose of gifts, be10 quests, grants, or donations of money, personal

11 property, or services, received from any source. For

12 purposes of section 170(c) of the Internal Revenue

13 Code of 1986, any gift to the Commission shall be

14 deemed to be a gift to the United States;

15 (8) to assist others in developing educational,

16 informational, and interpretive programs and facili17 ties, and other such activities that may promote the

18 implementation of the Canalway Plan;

19 (9) to hold hearings, sit and act at such times

20 and places, take such testimony, and receive such

21 evidence, as the Commission may consider appro22 priate; the Commission may not issue subpoenas or

23 exercise any subpoena authority;
12

•HR 5375 IH

1 (10) to use the United States mails in the same

2 manner as other departments or agencies of the

3 United States;

4 (11) to request and receive from the Adminis5 trator of General Services, on a reimbursable basis,

6 such administrative support services as the Commis7 sion may request; and

8 (12) to establish such advisory groups as the

9 Commission deems necessary.

10 (i) ACQUISITION OF PROPERTY.—Except as provided

11 for leasing administrative facilities under subsection

12 (h)(1), the Commission may not acquire any real property

13 or interest in real property.

14 (j) TERMINATION.—The Commission and this Act

15 shall terminate on the day occurring 10 years after the

16 date of the enactment of this Act.

17 SEC. 5. DUTIES OF THE COMMISSION.

18 (a) PREPARATION OF CANALWAY PLAN.—Not later

19 than 3 years after the Commission receives Federal fund20 ing for this purpose, the Commission shall prepare and

21 submit a comprehensive preservation and management

22 Canalway Plan for the Corridor to the Secretary and the

23 Governor for review and approval. In addition to the re24 quirements outlined for the Canalway Plan in section 6,

25 the Canalway Plan shall incorporate and integrate existing
13

•HR 5375 IH

1 federal, state, and local plans to the extent appropriate

2 regarding historic preservation, conservation, education

3 and interpretation, community development, and tourism4 related economic development for the Corridor that are

5 consistent with the purposes of this Act. The Commission

6 shall solicit public comment on the development of the

7 Canalway Plan.

8 (b) IMPLEMENTATION OF CANALWAY PLAN.—After

9 the Commission receives Federal funding for this purpose,

10 and after review and upon approval of the Canalway Plan

11 by the Secretary and the Governor, the Commission

12 shall—

13 (1) undertake actions to implement the

14 Canalway Plan so as to assist the people of the

15 State of New York in enhancing and interpreting

16 the historical, cultural, educational, natural, scenic,

17 and recreational potential of the Corridor identified

18 in the Canalway Plan; and

19 (2) support public and private efforts in con20 servation and preservation of the Canalway’s cul21 tural and natural resources and economic revitaliza22 tion consistent with the goals of the Canalway Plan.

23 (c) PRIORITY ACTIONS.—Priority actions which may

24 be carried out by the Commission under subsection (b)

25 may include—
14

•HR 5375 IH

1 (1) assisting in the appropriate preservation

2 treatment of the remaining elements of the original

3 Erie Canal;

4 (2) assisting the National Park Service, the

5 State, and local governments, and nonprofit organi6 zations in designing, establishing and maintaining

7 visitor centers, museums, and other interpretive ex8 hibits in the Corridor;

9 (3) assisting in the public awareness and appre10 ciation for the historic, cultural, natural, scenic, and

11 recreational resources and sites in the Corridor;

12 (4) assisting the State of New York, local gov13 ernments, and nonprofit organizations in the preser14 vation and restoration of any historic building, site,

15 or district in the Corridor;

16 (5) encouraging, by appropriate means, en17 hanced economic development in the Corridor con18 sistent with the goals of the Canalway Plan and the

19 purposes of this Act; and

20 (6) ensuring that clear, consistent signs identi21 fying access points and sites of interest are put in

22 place in the Corridor.

23 (c) ANNUAL REPORTS AND AUDITS.—For any year

24 in which Federal funds have been received under this Act,

25 the Commission shall submit an annual report and shall
15

•HR 5375 IH

1 make available an audit of all relevant records to the Gov2 ernor and the Secretary identifying its expenses and any

3 income, the entities to which any grants or technical as4 sistance were made during the year for which the report

5 was made, and contributions by other parties toward

6 achieving Corridor purposes.

7 SEC. 6. CANALWAY PLAN.

8 (a) CANALWAY PLAN REQUIREMENTS.—The

9 Canalway Plan shall—

10 (1) include a review of existing plans for the

11 Corridor, including the Canal Recreationway Plan

12 and Canal Revitalization Program, and incorporate

13 them to the extent feasible to ensure consistency

14 with local, regional and state planning efforts;

15 (2) provide a strategy for the thematic inven16 tory, survey, and evaluation of historic properties

17 that should be conserved, restored, developed, or

18 maintained because of their natural, cultural, or his19 toric significance within the Corridor in accordance

20 with the regulations for the National Register of

21 Historic Places;

22 (3) identify public and private-sector preserva23 tion goals and strategies for the Corridor;

24 (4) include a comprehensive interpretive plan

25 that identifies, develops, supports, and enhances in-
16

•HR 5375 IH

1 terpretation and education programs within the Cor2 ridor that may include—

3 (A) research related to the construction

4 and history of the canals and the cultural herit5 age of the canal workers, their families, those

6 that traveled along the canals, the associated

7 farming activities, the landscape, and the com8 munities;

9 (B) documentation of and methods to sup10 port the perpetuation of music, art, poetry, lit11 erature and folkways associated with the canals;

12 and

13 (C) educational and interpretative pro14 grams related to the Erie Canalway developed

15 in cooperation with State and local govern16 ments, educational institutions, and nonprofit

17 institutions;

18 (5) include a strategy to further the rec19 reational development of the Corridor that will en20 able users to uniquely experience the canal system;

21 (6) propose programs to protect, interpret and

22 promote the Corridor’s historical, cultural, rec23 reational, educational, scenic and natural resources;
17

•HR 5375 IH

1 (7) include a plan to inventory canal related

2 natural, cultural and historic sites and resources lo3 cated in the Area;

4 (8) recommend Federal, State, and local strate5 gies and policies to support economic development,

6 especially tourism-related development and recre7 ation, consistent with the purposes of the Corridor;

8 (9) develop criteria and priorities for financial

9 preservation assistance;

10 (10) identify and foster strong cooperative rela11 tionships between the National Park Service, the

12 New York State Canal Corporation, other Federal

13 and State agencies, and nongovernmental organiza14 tions;

15 (11) recommend specific areas to the National

16 Park Service for development of interpretive, edu17 cational, and technical assistance centers associated

18 with the Corridor; and

19 (12) contain a program for implementation of

20 the Canalway Plan by all necessary parties.

21 (b) APPROVAL OF THE CANALWAY PLAN.—The Sec22 retary and the Governor shall approve or disapprove the

23 Canalway Plan not later than 90 days after receiving the

24 Canalway Plan.
18

•HR 5375 IH

1 (c) DISAPPROVAL OF CANALWAY PLAN.—If the Sec2 retary or the Governor do not approve the Canalway Plan,

3 the Secretary or the Governor shall advise the Commission

4 in writing within 90 days the reasons therefor and shall

5 indicate any recommendations for revisions. Following

6 completion of any necessary revisions of the Canalway

7 Plan, the Secretary and the Governor shall have 90 days

8 to either approve or disapprove of the revised Canalway

9 Plan.

10 (d) AMENDMENTS TO CANALWAY PLAN.—The Sec11 retary and the Governor shall review substantial amend12 ments to the Canalway Plan. Funds appropriated pursu13 ant to this Act may not be expended to implement the

14 changes made by such amendments until the Secretary

15 and the Governor approves the amendments.

16 SEC. 7. DUTIES OF THE SECRETARY.

17 (a) IN GENERAL.—The Secretary is authorized to as18 sist the Commission in the preparation of the Canalway

19 Plan with a focus on the comprehensive interpretive plan

20 as required under section 6(a)(4).

21 (b) TECHNICAL ASSISTANCE.—Pursuant to an ap22 proved Canalway Plan, the Secretary is authorized to

23 enter into cooperative agreements with, provide technical

24 assistance to and award grants to the Commission to pro25 vide for the preservation and interpretation of the natural,
19

•HR 5375 IH

1 cultural, historical, recreational, and scenic resources of

2 the Corridor.

3 (c) EARLY ACTIONS.—Prior to approval of the

4 Canalway Plan, with the approval of the Commission, the

5 Secretary may provide technical and financial assistance

6 for early actions that are important to the purposes of

7 this Act and that protect and preserve resources and to

8 undertake an educational and interpretive program of the

9 story and history of the Erie Canalway.

10 (d) CANALWAY PLAN IMPLEMENTATION.—Upon ap11 proval of the Canalway Plan, the Secretary is authorized

12 to implement those activities that the Canalway Plan has

13 identified that are the responsibility of the Secretary or

14 agent of the Secretary to undertake in the implementation

15 of the Canalway Plan.

16 (e) DETAIL.—Each fiscal year during the existence

17 of the Commission and upon the request of the Commis18 sion, the Secretary shall detail to the Commission, on a

19 nonreimbursable basis, 2 employees of the Department of

20 the Interior to enable the Commission to carry out the

21 Commission’s duties with regard to the preparation and

22 approval of the Canalway Plan. Such detail shall be with23 out interruption or loss of civil service status, benefits, or

24 privileges.
20

•HR 5375 IH

1 (f) REPORT.—Not later than 2 years after the ap2 proval of the Canalway Plan, the Secretary shall submit

3 to Congress a report recommending whether the edu4 cational and interpretive sites identified by the Commis5 sion meet the criteria for designation as a unit of the Na6 tional Park System as required by Public Law 105–391

7 (112 Stat. 3501; 16 U.S.C.1a–5 note).

8 SEC. 9. DUTIES OF OTHER FEDERAL ENTITIES.

9 Any Federal entity conducting or supporting any ac10 tivity directly affecting the Corridor, and any unit of gov11 ernment acting pursuant to a grant of Federal funds or

12 a Federal permit or agreement conducting or supporting

13 such activities, may—

14 (1) consult with the Secretary and the Commis15 sion with respect to such activities;

16 (2) cooperate with the Secretary and the Com17 mission in carrying out their duties under this Act

18 and coordinate such activities with the carrying out

19 of such duties; and

20 (3) conduct or support such activities in a man21 ner consistent with the Canalway Plan unless the

22 Federal entity, after consultation with the Secretary

23 and the Commission, determines there is no prac24 ticable alternative.
21

•HR 5375 IH

1 SEC. 10. SAVINGS PROVISIONS.

2 (a) AUTHORITY OF GOVERNMENTS.—Nothing in this

3 Act shall be construed to modify, enlarge, or diminish any

4 authority of the Federal, State, or local governments to

5 regulate any use of land as provided for by law or regula6 tion.

7 (b) ZONING OR LAND.—Nothing in this Act shall be

8 construed to grant powers of zoning or land use to the

9 Commission.

10 (c) LOCAL AUTHORITY AND PRIVATE PROPERTY.—

11 Nothing in this Act shall be construed to affect or to au12 thorize the Commission to interfere with—

13 (1) the rights of any person with respect to pri14 vate property;

15 (2) any local zoning ordinance or land use plan

16 of the State of New York or political subdivision

17 thereof; or

18 (3) any State or local canal related development

19 plans including but not limited to the Canal

20 Recreationway Plan and the Canal Revitalization

21 Program.

22 (d) FISH AND WILDLIFE.—The designation of the

23 Corridor shall not diminish the authority of the State of

24 New York to manage fish and wildlife, including the regu25 lation of fishing and hunting within the Corridor.
22

•HR 5375 IH

1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—

3 (1) CORRIDOR.—There is authorized to be ap4 propriated for the Corridor not more than

5 $1,000,000 for any fiscal year, to remain available

6 until expended. Not more than a total of

7 $10,000,000 may be appropriated for the Corridor

8 under this Act.

9 (2) COMMISSION.—Additionally, there is au10 thorized to be appropriated to the Commission not

11 more than $250,000 annually to carry out the duties

12 of the Commission.

13 (b) OTHER FUNDING.—In addition to the sums au14 thorized in subsection (a), there are authorized to be ap15 propriated to the Secretary of the Interior such sums as

16 are necessary for the Secretary to undertake interim ac17 tions the Secretary is authorized to undertake and that

18 are necessary for the Secretary to implement the respon19 sibilities of the Department of the Interior outlined in the

20 Canalway Plan.

Æ