II 

109TH CONGRESS 

1ST SESSION S. 2059 

To establish the Hudson-Fulton-Champlain 400th Commemoration 

Commission, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2005 

Mrs. CLINTON (for herself, Mr. LEAHY, Mr. SCHUMER, and Mr. JEFFORDS) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hudson-Fulton-Cham5 plain 400th Commemoration Commission Act of 2005’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

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

8 (1) The first European exploration of the Hud9 son River and Lake Champlain and the introduction 

10 of steam navigation to maritime commerce were 
2 

•S 2059 IS

1 events of major historical importance, both in the 

2 United States and internationally. 

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

4 in service of the Dutch East India Company, was 

5 the first European to sail up the river later named 

6 for him in the vessel HALF MOON, and French ex7 plorer Samuel de Champlain was the first European 

8 to see the lake later named for him. 

9 (3) These voyages were two of the most signifi10 cant passages in the European exploration and dis11 covery of America, and began two of the earliest 

12 contacts in the New World between Native Ameri13 cans and Europeans. 

14 (4) These explorations led to the establishment 

15 of Fort Orange, a Dutch (and later English) settle16 ment of what is now the capital city of the State of 

17 New York, and settlement of French Quebec settle18 ments as far south as Lake George. From these 

19 early settlements came an influence on the Nation’s 

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

21 liberty which extends to the present day, and which 

22 is constantly reflected in the position of the United 

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

24 (5) In 1807, Robert Fulton navigated the Hud25 son River from the city of New York to Albany in 
3 

•S 2059 IS

1 the steamboat CLERMONT, successfully inau2 gurating steam navigation on a commercial basis. 

3 This event is one of the most important events in 

4 the history of navigation. It revolutionized water5 borne commerce on the great rivers of the United 

6 States, transformed naval warfare, and fostered 

7 international relations through transoceanic travel 

8 and trade. 

9 (6) The National Park Service owns and oper10 ates significant resources in New York related to the 

11 early history of the nation and the Hudson River 

12 Valley. 

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

14 a Hudson-Fulton-Champlain Commission. 

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

16 a Lake Champlain Quadricentennial Commission. 

17 (b) PURPOSE.—The purpose of this Act is to estab18 lish the Hudson-Fulton-Champlain 400th Commemora19 tion Commission to— 

20 (1) ensure a suitable national observance of the 

21 Henry Hudson, Robert Fulton, and Samuel de 

22 Champlain 2009 anniversaries through cooperation 

23 with and assistance to the programs and activities of 

24 New York, Vermont, and the commemorative com25 missions formed by the States; 
4 

•S 2059 IS

1 (2) assist in ensuring that Hudson-Fulton2 Champlain 2009 observances provide an excellent 

3 visitor experience and beneficial interaction between 

4 visitors and the natural and cultural resources of the 

5 New York and Vermont sites; 

6 (3) assist in ensuring that Hudson-Fulton7 Champlain 2009 observances are inclusive and ap8 propriately recognize the diverse Hudson River and 

9 Lake Champlain communities that developed over 

10 four centuries; 

11 (4) facilitate international involvement in the 

12 Hudson-Fulton-Champlain 2009 observances; 

13 (5) support and facilitate marketing efforts for 

14 a commemorative coin, a commemorative stamp, and 

15 related activities for the Hudson-Fulton-Champlain 

16 2009 observances; 

17 (6) assist in the appropriate development of 

18 heritage tourism and economic benefits to the 

19 United States; and 

20 (7) support and facilitate the related efforts of 

21 the Lake Champlain Basin Program in the coordina22 tion of efforts to commemorate the voyage of Samuel 

23 de Champlain. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 
5 

•S 2059 IS

1 (1) COMMEMORATION.—The term ‘‘commemo2 ration’’ means the commemoration of— 

3 (A) the 200th anniversary of Robert Ful4 ton’s voyage in the CLERMONT; 

5 (B) the 400th anniversary of Henry Hud6 son’s voyage in the HALF MOON; and 

7 (C) the 400th anniversary of Samuel de 

8 Champlain’s voyage. 

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

10 means the Hudson-Fulton-Champlain 400th Com11 memoration Commission established by section 4(a). 

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

13 means the Governors of the States of New York and 

14 Vermont. 

15 (4) LAKE CHAMPLAIN BASIN PROGRAM.—The 

16 term ‘‘Lake Champlain Basin Program’’ means the 

17 partnership with Federal agencies established by the 

18 States of New York and Vermont under section 120 

19 of the Federal Water Pollution Control Act (33 

20 U.S.C. 1270) to implement the Lake Champlain 

21 management plan entitled ‘‘Opportunities for Ac22 tion’’. 

23 (5) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior. 

25 (6) STATES.—The term ‘‘States’’— 
6 

•S 2059 IS

1 (A) means the States of New York and 

2 Vermont; and 

3 (B) includes agencies and entities of each 

4 such State. 

5 SEC. 4. HUDSON-FULTON-CHAMPLAIN 400TH COMMEMORA6 TION COMMISSION. 

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

8 commission to be known as the ‘‘Hudson-Fulton-Cham9 plain 400th Commemoration Commission’’. 

10 (b) MEMBERSHIP.— 

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

12 composed of 23 members, of whom— 

13 (A) 2 members shall be appointed by the 

14 Secretary, after consideration of the rec15 ommendations of the Governors; 

16 (B) 8 members shall be appointed by the 

17 Secretary, after consideration of the rec18 ommendations from the Members of the House 

19 of Representatives whose districts encompass 

20 the Hudson River Valley and Champlain Valley; 

21 (C) 4 members shall be appointed by the 

22 Secretary, after consideration of the rec23 ommendations from the Members of the Senate 

24 from New York and Vermont; 
7 

•S 2059 IS

1 (D) 2 members shall be employees of the 

2 National Park Service, of whom— 

3 (i) one shall be the Director of the 

4 National Park Service (or a designee); and 

5 (ii) one shall be an employee of the 

6 National Park Service having experience 

7 relevant to the commemoration, who shall 

8 be appointed by the Secretary; 

9 (E) 3 members shall be appointed by the 

10 Secretary from among individuals who have an 

11 interest in, support for, and expertise appro12 priate to, the commemoration, of whom— 

13 (i) one shall be knowledgeable of the 

14 Hudson River Valley National Heritage 

15 Area; 

16 (ii) one shall be knowledgeable of the 

17 Champlain Valley; and 

18 (iii) one shall be knowledgeable of 

19 New York City as it relates to the com20 memoration; 

21 (F) one member shall be the chairperson of 

22 any commemorative commission formed by New 

23 York, or the designee of the chairperson; 

24 (G) one member shall be the chairperson 

25 of any commemorative commission formed by 
8 

•S 2059 IS

1 Vermont, or the designee of the chairperson; 

2 and 

3 (H) two members shall be appointed by the 

4 Secretary, after consideration of the rec5 ommendation of the mayor of the City of New 

6 York and after consultation with Members of 

7 the House of Representatives whose districts 

8 encompass the City of New York. 

9 (2) TERM; VACANCIES.— 

10 (A) TERM.—Each member of the Commis11 sion shall be appointed for the life of the Com12 mission. 

13 (B) VACANCIES.— 

14 (i) IN GENERAL.—A vacancy on the 

15 Commission shall be filled in the same 

16 manner in which the original appointment 

17 was made. 

18 (ii) PARTIAL TERM.—A member ap19 pointed to fill a vacancy on the Commis20 sion shall serve for the remainder of the 

21 term for which the predecessor of the 

22 member was appointed. 

23 (3) MEETINGS.— 

24 (A) IN GENERAL.—The Commission shall 

25 meet— 
9 

•S 2059 IS

1 (i) at least twice each year; or 

2 (ii) at the call of the Chairperson or 

3 the majority of the members of the Com4 mission. 

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

6 days after the date on which all members of the 

7 Commission have been appointed, the Commis8 sion shall hold the initial meeting of the Com9 mission. 

10 (4) CHAIRPERSON AND VICE CHAIRPERSON.— 

11 (A) The Commission shall elect the chair12 person and the vice chairperson of the Commis13 sion on an annual basis. 

14 (B) The vice chairperson shall serve as the 

15 chairperson in the absence of the chairperson. 

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

17 shall constitute a quorum, but a lesser number may 

18 hold meetings. 

19 (6) VOTING.— 

20 (A) IN GENERAL.—The Commission shall 

21 act only on an affirmative vote of a majority of 

22 the voting members of the Commission. 

23 (B) NONVOTING MEMBERS.—The individ24 uals appointed under subparagraphs (F) and 

25 (G) of paragraph (1) shall be nonvoting mem-
10 

•S 2059 IS

1 bers, and shall serve only in an advisory capac2 ity. 

3 (c) DUTIES.— 

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

5 (A) plan, develop, and execute programs 

6 and activities appropriate to commemorate the 

7 400th anniversary of the voyage of Henry Hud8 son, the first European to sail up the Hudson 

9 River, the 200th anniversary of the voyage of 

10 Robert Fulton, the first person to use steam 

11 navigation on a commercial basis, the 400th an12 niversary of the voyage of Samuel de Cham13 plain, the first European to discover and ex14 plore Lake Champlain; 

15 (B) facilitate Hudson-Fulton-Champlain16 related activities throughout the United States; 

17 (C) coordinate its activities with State 

18 commemoration commissions and appropriate 

19 Federal Government agencies, including the De20 partments of Agriculture, Defense, State, and 

21 Transportation, the National Park Service with 

22 respect to the Hudson River Valley National 

23 Heritage Area, and the American Heritage Riv24 ers Initiative Interagency Committee estab25 lished by Executive Order 13061, dated Sep-
11 

•S 2059 IS

1 tember 11, 1997, the Lake Champlain Basin 

2 Program, and the National Endowment for the 

3 Humanities and the National Endowment for 

4 the Arts; 

5 (D) encourage civic, patriotic, historical, 

6 educational, artistic, religious, economic, and 

7 other organizations throughout the United 

8 States to organize and participate in anniver9 sary activities to expand the understanding and 

10 appreciation of the significance of the voyages 

11 of Henry Hudson, Robert Fulton, and Samuel 

12 de Champlain; 

13 (E) provide technical assistance to States, 

14 localities, and nonprofit organizations to further 

15 the commemoration; 

16 (F) coordinate and facilitate for the public 

17 scholarly research on, publication about, and in18 terpretation of, the voyages of Henry Hudson, 

19 Robert Fulton, and Samuel de Champlain; 

20 (G) ensure that the Hudson-Fulton-Cham21 plain 2009 anniversaries provide a lasting leg22 acy and long-term public benefit by assisting in 

23 the development of appropriate programs and 

24 facilities; 
12 

•S 2059 IS

1 (H) assist in ensuring that the observances 

2 of the voyages of Samuel de Champlain and 

3 Henry Hudson are inclusive and appropriately 

4 recognize the experiences and heritage of all 

5 people present when Samuel de Champlain ar6 rived in the Champlain Valley and Henry Hud7 son sailed the Hudson River; and 

8 (I) consult and coordinate with the Lake 

9 Champlain Basin Program and other relevant 

10 organizations in the planning and development 

11 of programs and activities for the commemora12 tion of the voyage of Samuel de Champlain. 

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 
13 

•S 2059 IS

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 OF THE COMMISSION.— 

14 (1) IN GENERAL.—The Commission may— 

15 (A) solicit, accept, use, and dispose of 

16 gifts, bequests, or devises of money or other 

17 real or personal property for the purpose of aid18 ing or facilitating the work of the Commission; 

19 (B) appoint such advisory committees as 

20 the Commission determines to be necessary to 

21 carry out this Act; 

22 (C) authorize any member or employee of 

23 the Commission to take any action that the 

24 Commission is authorized to take by this Act; 
14 

•S 2059 IS

1 (D) procure supplies, services, and prop2 erty, and make or enter into contracts, leases, 

3 or other legal agreements, to carry out this Act 

4 (except that any contracts, leases, or other legal 

5 agreements made or entered into by the Com6 mission directly or with administrative assist7 ance from the Lake Champlain Basin Program 

8 shall not extend beyond the date of the termi9 nation of the Commission); 

10 (E) use the United States mails in the 

11 same manner and under the same conditions as 

12 other Federal agencies; 

13 (F) subject to approval by the Commission, 

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

15 to communities, nonprofit organizations, com16 memorative commissions formed by the States 

17 to develop programs to assist in the commemo18 ration; 

19 (G) make grants in amounts not to exceed 

20 $20,000 to research and scholarly organizations 

21 to research, publish, or distribute information 

22 relating to the early history of the voyages of 

23 Hudson, Fulton, and Champlain; and 

24 (H) provide technical assistance to the 

25 States, localities, and nonprofit organizations to 
15 

•S 2059 IS

1 develop programs and facilities to further the 

2 commemoration. 

3 (2) COORDINATION AND CONSULTATION WITH

4 LAKE CHAMPLAIN BASIN PROGRAM.—The Commis5 sion shall coordinate and consult with the Lake 

6 Champlain Basin Program in providing grants and 

7 technical assistance under subparagraphs (F), (G), 

8 and (H) of paragraph (1) for the conduct of activi9 ties relating to the commemoration of the voyage of 

10 Samuel de Champlain. 

11 (e) COMMISSION PERSONNEL MATTERS.— 

12 (1) COMPENSATION OF MEMBERS OF THE COM13 MISSION.— 

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

15 subparagraph (B), a member of the Commis16 sion shall serve without compensation. 

17 (B) FEDERAL EMPLOYEES.—A member of 

18 the Commission who is an officer or employee 

19 of the Federal Government shall serve without 

20 compensation in addition to the compensation 

21 received for the services of the member as an 

22 officer or employee of the Federal Government. 

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

24 Commission shall be allowed travel expenses, in25 cluding per diem in lieu of subsistence, at rates 
16 

•S 2059 IS

1 authorized for an employee of an agency under 

2 subchapter I of chapter 57 of title 5, United 

3 States Code, while away from the home or reg4 ular place of business of the member in the per5 formance of the duties of the Commission. 

6 (2) STAFF.— 

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

8 Commission may, without regard to the civil 

9 service laws (including regulations), appoint 

10 and terminate an executive director and such 

11 other additional personnel as are necessary to 

12 enable the Commission to perform the duties of 

13 the Commission. 

14 (B) CONFIRMATION OF EXECUTIVE DIREC15 TOR.—The employment of an executive director 

16 shall be subject to confirmation by the Commis17 sion. 

18 (3) COMPENSATION.— 

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

20 subparagraph (B), the Chairperson of the Com21 mission may fix the compensation of the execu22 tive director and other personnel without regard 

23 to the provisions of chapter 51 and subchapter 

24 III of chapter 53 of title 5, United States Code, 
17 

•S 2059 IS

1 relating to classification of positions and Gen2 eral Schedule pay rates. 

3 (B) MAXIMUM RATE OF PAY.—The rate of 

4 pay for the executive director and other per5 sonnel shall not exceed the rate payable for 

6 level V of the Executive Schedule under section 

7 5316 of title 5, United States Code. 

8 (4) DETAIL OF GOVERNMENT AND LAKE CHAM9 PLAIN BASIN PROGRAM EMPLOYEES.— 

10 (A) FEDERAL EMPLOYEES.— 

11 (i) IN GENERAL.—At the request of 

12 the Commission, the head of any Federal 

13 agency may detail, on a reimbursable or 

14 nonreimbursable basis, any of the per15 sonnel of the agency to the Commission to 

16 assist the Commission in carrying out the 

17 duties of the Commission under this Act. 

18 (ii) CIVIL SERVICE STATUS.—The de19 tail of an employee under clause (i) shall 

20 be without interruption or loss of civil serv21 ice status or privilege. 

22 (B) STATE EMPLOYEES.—The Commission 

23 may— 
18 

•S 2059 IS

1 (i) accept the services of personnel de2 tailed from States (including subdivisions 

3 of States); and 

4 (ii) reimburse States for services of 

5 detailed personnel. 

6 (C) LAKE CHAMPLAIN BASIN PROGRAM

7 EMPLOYEES.—The Commission may— 

8 (i) accept the services of personnel 

9 from the Lake Champlain Basin Program; 

10 and 

11 (ii) reimburse the Lake Champlain 

12 Basin Program for services of detailed per13 sonnel. 

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-
19 

•S 2059 IS

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. 

20 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated $750,000 for 

22 each of fiscal years 2006 through 2011 to carry out this 

23 Act, of which— 
20 

•S 2059 IS

1 (1) 23 percent shall be for New York activities 

2 relating to the Samuel de Champlain commemora3 tion; 

4 (2) 23 percent shall be for Vermont activities 

5 relating to the Samuel de Champlain commemora6 tion; 

7 (3) 32 percent shall be for Hudson Valley ac8 tivities relating to the commemoration (as defined in 

9 section 3); 

10 (4) 12 percent shall be for New York City ac11 tivities relating to the commemoration (as defined in 

12 section 3); and 

13 (5) 10 percent shall be for distribution by the 

14 Commission in accordance with this Act for activities 

15 relating to the commemoration (as defined in section 

16 3). 

Æ