II 

108TH CONGRESS 

2D SESSION S. 2738

To establish a Commission to commemorate the 400th anniversary of the 

arrival of Samuel de Champlain in the Champlain Valley and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2004

Mr. LEAHY (for himself 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 a Commission to commemorate the 400th anniversary of the arrival of Samuel de Champlain in the 

Champlain Valley 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 ‘‘Samuel de Champlain 

5 400th Commemoration Commission Act of 2004’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds that—

8 (1) Samuel de Champlain (1567–1635) was a 

9 French explorer and navigator who mapped much of 
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1 northeastern North America and established a set2 tlement in Quebec; 

3 (2) in 1609, Champlain entered the valley 

4 where he observed the lake that today carries his 

5 name, Lake Champlain, which borders the States of 

6 Vermont and New York and a portion of the border 

7 between Canada and the United States; 

8 (3) the 8,234 square mile Lake Champlain 

9 Basin is an extraordinary cultural, historical, and 

10 recreational resource that had a significant role in 

11 the history and culture of pre-European America, 

12 colonial North America, and the formation and early 

13 development of the United States; 

14 (4) Lake Champlain has a recognized national 

15 significance, not only for scenic beauty, but also for 

16 the impact of the lake on the local, regional, and na17 tional economy; 

18 (5) Lake Champlain is supported by a water19 shed of more than 8,200 square miles and supports 

20 a regional economy of more than $9,000,000,000; 

21 (6) the importance of Lake Champlain spreads 

22 throughout the Northeast, because residents of New 

23 England and the Mid-Atlantic States cherish the 

24 lake and the resources of the lake for recreational, 

25 ecological, and scenic values; and 
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1 (7) the States of Vermont and New York have 

2 both established Champlain 400th Commemoration 

3 Commissions. 

4 (b) PURPOSE.—

5 (1) IN GENERAL.—The purpose of this Act is to 

6 establish the Samuel de Champlain 400th Com7 memoration Commission to provide technical and fi8 nancial assistance to the States of Vermont and New 

9 York and communities in the States to commemo10 rate—

11 (A) the arrival of Samuel de Champlain 

12 into the Champlain Valley; and 

13 (B) the heritage of the greater Lake 

14 Champlain Basin. 

15 (2) INCLUSIONS.—The assistance described in 

16 paragraph (1) shall, at a minimum—

17 (A) ensure a suitable national observance, 

18 in 2009, of the Samuel de Champlain anniver19 sary by complementing the programs and activi20 ties of the States of Vermont and New York; 

21 (B) cooperate with and assist the programs 

22 and activities of the States in commemorating 

23 the Samuel de Champlain 2009 anniversary; 

24 (C) assist in ensuring that the commemo25 ration provides an excellent visitor experience 
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1 and beneficial interaction between visitors and 

2 the natural and cultural resources of the Cham3 plain Valley; 

4 (D) assist in ensuring that the Samuel de 

5 Champlain 2009 observances are inclusive and 

6 appropriately recognize the experiences and her7 itage of all peoples present when Samuel de 

8 Champlain arrived in the Champlain Valley; 

9 (E) provide assistance to States, localities, 

10 and nonprofit organizations in the development 

11 of programs, activities, and facilities to recog12 nize the cultural and historical significance of 

13 Lake Champlain; 

14 (F) facilitate international involvement in 

15 the Samuel de Champlain 2009 commemora16 tion; 

17 (G) support and facilitate marketing ef18 forts for a commemorative coin, stamp, and re19 lated activities for the Samuel de Champlain 

20 commemoration; 

21 (H) support and facilitate the related ef22 forts of the Lake Champlain Basin Program 

23 and the Champlain 400th Commemoration 

24 Commissions established by the States of 

25 Vermont and New York; and 
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1 (I) assist in the appropriate development 

2 of heritage tourism and economic benefits to 

3 the United States. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) COMMEMORATION.—The term ‘‘commemo7 ration’’ means the commemoration of the 400th an8 niversary of Samuel de Champlain first arriving in 

9 the Champlain Valley in 1609. 

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

11 means the Samuel de Champlain 400th Commemo12 ration Commission established by section 4(a). 

13 (3) GOVERNOR.—The term ‘‘Governor’’ means 

14 the Governor of each State. 

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 Vermont and New York to implement the 

19 Lake Champlain management plan entitled ‘‘Oppor20 tunities for Action’’. 

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

22 the Secretary of the Interior. 

23 (6) STATE.—

24 (A) IN GENERAL.—The term ‘‘State’’ 

25 means—
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1 (i) the State of Vermont; and 

2 (ii) the State of New York. 

3 (B) INCLUSIONS.—The term ‘‘State’’ in4 cludes agencies and entities of each State speci5 fied in subparagraph (A). 

6 SEC. 4. SAMUEL DE CHAMPLAIN 400TH COMMEMORATION 

7 COMMISSION. 

8 (a) IN GENERAL.—There is established a commission 

9 to be known as the ‘‘Samuel de Champlain 400th Com10 memoration Commission’’. 

11 (b) MEMBERSHIP.—

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

13 composed of 13 members, of whom—

14 (A) 4 members shall be appointed by the 

15 Secretary from the Champlain 400th Com16 memoration Commission established by the 

17 State of Vermont, after consideration of the 

18 recommendations of the Governor of Vermont; 

19 (B) 4 members shall be appointed by the 

20 Secretary, from the Champlain 400th Com21 memoration Commission established by the 

22 State of New York, after consideration of the 

23 recommendations of the Governor of New York; 

24 (C) 2 members shall be employees of the 

25 National Park Service, of whom—
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1 (i) 1 member shall be the Director of 

2 the National Park Service (or a designee); 

3 and 

4 (ii) 1 member shall be an employee of 

5 the National Park Service having experi6 ence relevant to the commemoration, to be 

7 appointed by the Secretary; and 

8 (D) 3 members shall be individuals that 

9 have an interest in, support for, and expertise 

10 appropriate to, the commemoration, to be ap11 pointed by the Secretary. 

12 (2) TERM; VACANCIES.—

13 (A) TERM.—A member of the Commission 

14 shall be appointed for the life of the Commis15 sion. 

16 (B) VACANCIES.—

17 (i) IN GENERAL.—A vacancy on the 

18 Commission shall be filled in the same 

19 manner as the original appointment was 

20 made. 

21 (ii) PARTIAL TERM.—A member ap22 pointed to fill a vacancy on the Commis23 sion shall serve for the remainder of the 

24 term for which the predecessor of the 

25 member was appointed. 
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1 (3) MEETINGS.—

2 (A) IN GENERAL.—The Commission shall 

3 meet—

4 (i) at least twice each year; or 

5 (ii) at the call of the Chairperson or 

6 the majority of the members of the Com7 mission. 

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

9 days after the date on which all members of the 

10 Commission have been appointed, the Commis11 sion shall hold the initial meeting of the Com12 mission. 

13 (4) VOTING.—

14 (A) IN GENERAL.—The Commission shall 

15 act only on an affirmative vote of a majority of 

16 the members of the Commission. 

17 (B) QUORUM.—A majority of the members 

18 of the Commission shall constitute a quorum. 

19 (5) CHAIRPERSON AND VICE CHAIRPERSON.—

20 (A) IN GENERAL.—The Commission shall 

21 annually elect the Chairperson and the Vice 

22 Chairperson of the Commission from among the 

23 members of the Commission. 
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1 (B) AUTHORITY.—The Vice Chairperson 

2 shall serve as the Chairperson in the absence of 

3 the Chairperson. 

4 (c) DUTIES.—

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

6 (A) plan, develop, and execute programs 

7 and activities appropriate for the commemora8 tion; 

9 (B) generally facilitate activities relating to 

10 the commemoration throughout the United 

11 States; 

12 (C) encourage civic, patriotic, historical, 

13 educational, religious, economic, and other or14 ganizations throughout the United States to or15 ganize and participate in anniversary activities 

16 to expand the understanding and appreciation 

17 of the significance of Lake Champlain; 

18 (D) consult with the Lake Champlain 

19 Basin Program and other relevant organiza20 tions to plan and develop programs and activi21 ties for the commemoration; 

22 (E) provide technical assistance to States, 

23 localities, and nonprofit organizations to carry 

24 out activities relating to the commemoration; 
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1 (F) coordinate and facilitate public schol2 arly research on the history of Samuel de 

3 Champlain and the Lake Champlain basin; and 

4 (G) ensure that the commemoration pro5 vides a lasting legacy and long-term public ben6 efit by assisting in the development of appro7 priate programs, projects, and facilities. 

8 (2) PLANS; REPORTS.—

9 (A) STRATEGIC PLAN; ANNUAL PERFORM10 ANCE PLANS.—In accordance with section 306 

11 of title 5, United States Code, and section 1115 

12 of title 31, United States Code, the Commission 

13 shall prepare a strategic plan and annual per14 formance plans for the activities of the Commis15 sion carried out under this Act. 

16 (B) FINAL REPORT.—Not later than Sep17 tember 30, 2010, the Commission shall submit 

18 to the Secretary a final report that contains—

19 (i) a summary of the activities of the 

20 Commission; 

21 (ii) a final accounting of funds re22 ceived and expended by the Commission; 

23 and 

24 (iii) the findings and recommenda25 tions of the Commission.
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1 (d) POWERS OF THE COMMISSION.—The Commission 

2 may—

3 (1) accept and dispose of donations of money, 

4 personal services, and personal property related to 

5 the settling of the Champlain Basin and the signifi6 cance of Lake Champlain in the history of the 

7 United States; 

8 (2) appoint such advisory committees as the 

9 Commission determines to be necessary to carry out 

10 this Act; 

11 (3) authorize any member or employee of the 

12 Commission to take any action that the Commission 

13 is authorized to take by this Act; 

14 (4) procure supplies, services, and property, and 

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

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

17 contracts, leases, or other legal agreements made or 

18 entered into by the Commission, either directly or 

19 with administrative assistance from the Lake Cham20 plain Basin Program, shall not extend beyond the 

21 date of termination of the Commission); 

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

23 manner and under the same conditions as other 

24 Federal agencies; 
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1 (6) subject to approval by the Commission, with 

2 assistance from the Lake Champlain Basin Pro3 gram, make grants in amounts not to exceed 

4 $25,000 to communities and nonprofit organizations 

5 to develop programs and facilities to assist in the 

6 commemoration and recognition of Lake Champlain 

7 cultural and historical resources and projects; 

8 (7) make grants to research and scholarly orga9 nizations to research, publish, or distribute informa10 tion relating to the early history of the Champlain 

11 Valley; and 

12 (8) provide technical assistance to States, local13 ities, and nonprofit organizations to further the com14 memoration. 

15 (e) COMMISSION PERSONNEL MATTERS.—

16 (1) COMPENSATION OF MEMBERS OF THE COM17 MISSION.—

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

19 subparagraph (B), a member of the Commis20 sion shall serve without compensation. 

21 (B) FEDERAL EMPLOYEES.—A member of 

22 the Commission who is an officer or employee 

23 of the Federal Government shall serve without 

24 compensation in addition to the compensation 
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1 received for the services of the member as an 

2 officer or employee of the Federal Government. 

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

4 Commission shall be allowed travel expenses, in5 cluding per diem in lieu of subsistence, at rates 

6 authorized for an employee of an agency under 

7 subchapter I of chapter 57 of title 5, United 

8 States Code, while away from the home or reg9 ular place of business of the member in the per10 formance of the duties of the Commission. 

11 (2) STAFF.—

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

13 Commission may, without regard to the civil 

14 service laws (including regulations), appoint 

15 and terminate an executive director and such 

16 other additional personnel, including personnel 

17 appointed from the Lake Champlain Basin Pro18 gram, as are necessary to enable the Commis19 sion to perform the duties of the Commission. 

20 (B) CONFIRMATION OF EXECUTIVE DIREC21 TOR.—The employment of an executive director 

22 shall be subject to confirmation by the Commis23 sion. 

24 (3) COMPENSATION.—
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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the Chairperson of the Com3 mission may fix the compensation of the execu4 tive director and other personnel without regard 

5 to the provisions of chapter 51 and subchapter 

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

7 relating to classification of positions and Gen8 eral Schedule pay rates. 

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

10 pay for the executive director and other per11 sonnel shall not exceed the rate payable for 

12 level V of the Executive Schedule under section 

13 5316 of title 5, United States Code. 

14 (4) DETAIL OF GOVERNMENT EMPLOYEES.—

15 (A) FEDERAL EMPLOYEES.—

16 (i) IN GENERAL.—At the request of 

17 the Commission, the head of any Federal 

18 agency may detail, on a reimbursable or 

19 nonreimbursable basis, any of the per20 sonnel of the agency to the Commission to 

21 assist the Commission in carrying out the 

22 duties of the Commission under this Act. 

23 (ii) CIVIL SERVICE STATUS.—The de24 tail of an employee under clause (i) shall 
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1 be without interruption or loss of civil serv2 ice status or privilege. 

3 (B) STATE EMPLOYEES.—The Commission 

4 may—

5 (i) accept the services of personnel de6 tailed from States (including subdivisions 

7 of States); and 

8 (ii) reimburse States for services of 

9 detailed personnel. 

10 (C) LAKE CHAMPLAIN BASIN PROGRAM

11 EMPLOYEES.—The Commission may—

12 (i) accept the services of personnel 

13 from the Lake Champlain Basin Program; 

14 and 

15 (ii) reimburse the Lake Champlain 

16 Basin Program for the services of detailed 

17 personnel. 

18 (5) VOLUNTEER AND UNCOMPENSATED SERV19 ICES.—Notwithstanding section 1342 of title 31, 

20 United States Code, the Commission may accept and 

21 use voluntary and uncompensated services as the 

22 Commission determines necessary. 

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

24 National Park Service shall provide to the Commis-
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1 sion, on a reimbursable basis, such administrative 

2 support services as the Commission may request. 

3 (f) PROCUREMENT OF TEMPORARY AND INTERMIT4 TENT SERVICES.—The Chairperson of the Commission 

5 may procure temporary and intermittent services in ac6 cordance with section 3109(b) of title 5, United States 

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

8 equivalent of the annual rate of basic pay prescribed for 

9 level V of the Executive Schedule under section 5316 of 

10 that title. 

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

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

13 apply to the Commission. 

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

15 section supersedes the authority of the States or the Na16 tional Park Service concerning the commemoration. 

17 (i) TERMINATION.—The Commission shall terminate 

18 on December 31, 2010. 

19 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums 

21 as are necessary to carry out this Act.

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