in ways that reflect its national significance for the
benefit of current and future generations;
(3) to promote and provide access to the Erie
Canalway’s historical, natural, cultural, scenic and
recreational resources;
(4) to provide a framework to assist the State
of New York, its units of local government, and the
communities within the Erie Canalway in the devel-
opment of integrated cultural, historical, rec-
reational, economic, and community development
programs in order to enhance and interpret the
unique and nationally significant resources of the
Erie Canalway; and
(5) to authorize Federal financial and technical
assistance to the Commission to serve these pur-
poses for the benefit of the people of the State of
New York and the nation.
SEC. 3. THE ERIE CANALWAY NATIONAL HERITAGE COR-
RIDOR.
(a) ESTABLISHMENT.—To carry out the purposes of
this Act there is established the Erie Canalway National
Heritage Corridor in the State of New York.
(b) BOUNDARIES.—The boundaries of the Corridor
shall include those lands generally depicted on a map enti-
tled ‘‘Boundaries of Canalway Communities’’ numbered
ERCA ll and dated ll. This map shall be on file
and available for public inspection in the appropriate office
of the National Park Service, the office of the Commis-
sion, and the office of the New York State Canal Corpora-
tion in Albany, New York.
(c) BOUNDARY REVISIONS.—The boundaries of the
Corridor may be revised by an amendment to this Act pur-
suant to the request of the Secretary upon approval of
the Commission.
(d) OWNERSHIP AND OPERATION OF THE NEW YORK
STATE CANAL SYSTEM.—Nothing in this Act shall be con-
strued to alter the ownership, operation, or management
of the New York State Canal System.
SEC. 4. THE ERIE CANALWAY NATIONAL HERITAGE COR-
RIDOR COMMISSION.
(a) ESTABLISHMENT.—There is established the Erie
Canalway National Heritage Corridor Commission. The
purpose of the Commission shall be—
(1) to work with Federal, State, and local au-
thorities to develop and implement the Canalway
Plan; and
(2) to foster the integration of canal-related his-
torical, cultural, recreational, scenic, economic and
community development initiatives within the Cor-
ridor.
(b) MEMBERSHIP.—The Commission shall be com-
posed of 27 members as follows:
(1) The Secretary of the Interior, ex-officio or
the Secretary’s designee.
(2) 7 members, each of whom represents 1 of
the following agencies or those agencies’ successors:
The New York State Secretary of State, the Com-
missioners of the New York State Department of
Environmental Conservation, the New York State
Office of Parks, Recreation and Historic Preserva-
tion, the New York State Department of Agriculture
and Markets, the New York State Department of
Transportation, and the Chairpersons of the New
York State Canal Corporation, and the Empire
State Development Corporation; or their respective
designees.
(3) The remaining 19 members who reside
within the Corridor and are geographically dispersed
throughout the Corridor shall be from local govern-
ments and the private sector with knowledge of tour-
ism, economic and community development, regional
planning, historic preservation, cultural or natural
resource management, conservation, recreation, and
education or museum services. These members will
be appointed by the Governor no later than 6
months after the date of enactment of this Act as
follows;
(A) 10 members based on a recommenda-
tion from each member of the United States
House of Representatives whose district shall
encompass the Corridor. Each shall be a resi-
dent of the district from which they shall be
recommended.
(B) 2 members based on a recommenda-
tion from each United States Senator from New
York State.
(C) 7 members who shall be residents of
any county constituting the Corridor. One such
member shall be a member of the Canal
Recreationway Commission other than an ex-
officio member.
(c) APPOINTMENTS AND VACANCIES.—Members of
the Commission other than ex-officio members shall be ap-
pointed for terms of 3 years. Of the original appointments,
6 shall be for a term of 1 year, 6 shall be for a term
of 2 years and 7 shall be for a term of 3 years. Any mem-
ber of the Commission appointed for a definite term may
serve after expiration of the term until the successor of
the member is appointed. Any member appointed to fill
a vacancy shall serve for the remainder of the term for
which the predecessor was appointed. Any vacancy on the
Commission shall be filled in the same manner in which
the original appointment was made.
(d) COMPENSATION.—Members of the Commission
shall receive no compensation for their service on the Com-
mission. Members of the Commission, other than employ-
ees of the State and Canal Corporation, while away from
their homes or regular places of business to perform serv-
ices for the Commission, shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same man-
ner as persons employed intermittently in Government
service are allowed under section 5703 of title 5, United
States Code.
(e) ELECTION OF OFFICES.—The Commission shall
elect the chairperson and the vice chairperson on an an-
nual basis. The vice chairperson shall serve as the chair-
person in the absence of the chairperson.
(f) QUORUM AND VOTING.—14 members of the Com-
mission shall constitute a quorum but a lesser number
may hold hearings. Any member of the Commission may
vote by means of a signed proxy exercised by another
member of the Commission, however, any member voting
by proxy shall not be considered present for purposes of
establishing a quorum. For the transaction of any business
or the exercise of any power of the Commission, the Com-
mission shall have the power to act by a majority vote
of the members present at any meeting at which a quorum
is in attendance.
(g) MEETINGS.—The Commission shall meet at least
quarterly at the call of the chairperson or 14 of its mem-
bers. Notice of Commission meetings and agendas for the
meetings shall be published in local newspapers through-
out the Corridor. Meetings of the Commission shall be
subject to section 552b of title 5, United States Code (re-
lating to open meetings).
(h) POWERS OF THE COMMISSION.—To the extent
that Federal funds are appropriated, the Commission is
authorized—
(1) to procure temporary and intermittent serv-
ices and administrative facilities at rates determined
to be reasonable by the Commission to carry out the
responsibilities of the Commission;
(2) to request and accept the services of per-
sonnel detailed from the State of New York or any
political subdivision, and to reimburse the State or
political subdivision for such services;
(3) to request and accept the services of any
Federal agency personnel, and to reimburse the Fed-
eral agency for such services;
(4) to appoint and fix the compensation of staff
to carry out its duties;
(5) to enter into cooperative agreements with
the State of New York, with any political subdivision
of the State, or any person for the purposes of car-
rying out the duties of the Commission;
(6) to make grants to assist in the preparation
and implementation of the Canalway Plan;
(7) to seek, accept, and dispose of gifts, be-
quests, grants, or donations of money, personal
property, or services, received from any source. For
purposes of section 170(c) of the Internal Revenue
Code of 1986, any gift to the Commission shall be
deemed to be a gift to the United States;
(8) to assist others in developing educational,
informational, and interpretive programs and facili-
ties, and other such activities that may promote the
implementation of the Canalway Plan;
(9) to hold hearings, sit and act at such times
and places, take such testimony, and receive such
evidence, as the Commission may consider appro-
priate; the Commission may not issue subpoenas or
exercise any subpoena authority;
(10) to use the United States mails in the same
manner as other departments or agencies of the
United States;
(11) to request and receive from the Adminis-
trator of General Services, on a reimbursable basis,
such administrative support services as the Commis-
sion may request; and
(12) to establish such advisory groups as the
Commission deems necessary.
(i) ACQUISITION OF PROPERTY.—Except as provided
for leasing administrative facilities under subsection
(h)(1), the Commission may not acquire any real property
or interest in real property.
(j) TERMINATION.—The Commission and this Act
shall terminate on the day occurring 10 years after the
date of the enactment of this Act.
SEC. 5. DUTIES OF THE COMMISSION.
(a) PREPARATION OF CANALWAY PLAN.—Not later
than 3 years after the Commission receives Federal fund-
ing for this purpose, the Commission shall prepare and
submit a comprehensive preservation and management
Canalway Plan for the Corridor to the Secretary and the
Governor for review and approval. In addition to the re-
quirements outlined for the Canalway Plan in section 6,
the Canalway Plan shall incorporate and integrate existing
federal, state, and local plans to the extent appropriate
regarding historic preservation, conservation, education
and interpretation, community development, and tourism-
related economic development for the Corridor that are
consistent with the purposes of this Act. The Commission
shall solicit public comment on the development of the
Canalway Plan.
(b) IMPLEMENTATION OF CANALWAY PLAN.—After
the Commission receives Federal funding for this purpose,
and after review and upon approval of the Canalway Plan
by the Secretary and the Governor, the Commission
shall—
(1) 
undertake 
actions 
to 
implement 
the
Canalway Plan so as to assist the people of the
State of New York in enhancing and interpreting
the historical, cultural, educational, natural, scenic,
and recreational potential of the Corridor identified
in the Canalway Plan; and
(2) support public and private efforts in con-
servation and preservation of the Canalway’s cul-
tural and natural resources and economic revitaliza-
tion consistent with the goals of the Canalway Plan.
(c) PRIORITY ACTIONS.—Priority actions which may
be carried out by the Commission under subsection (b)
may include—
(1) assisting in the appropriate preservation
treatment of the remaining elements of the original
Erie Canal;
(2) assisting the National Park Service, the
State, and local governments, and nonprofit organi-
zations in designing, establishing and maintaining
visitor centers, museums, and other interpretive ex-
hibits in the Corridor;
(3) assisting in the public awareness and appre-
ciation for the historic, cultural, natural, scenic, and
recreational resources and sites in the Corridor;
(4) assisting the State of New York, local gov-
ernments, and nonprofit organizations in the preser-
vation and restoration of any historic building, site,
or district in the Corridor;
(5) encouraging, by appropriate means, en-
hanced economic development in the Corridor con-
sistent with the goals of the Canalway Plan and the
purposes of this Act; and
(6) ensuring that clear, consistent signs identi-
fying access points and sites of interest are put in
place in the Corridor.
(c) ANNUAL REPORTS AND AUDITS.—For any year
in which Federal funds have been received under this Act,
the Commission shall submit an annual report and shall
make available an audit of all relevant records to the Gov-
ernor and the Secretary identifying its expenses and any
income, the entities to which any grants or technical as-
sistance were made during the year for which the report
was made, and contributions by other parties toward
achieving Corridor purposes.
SEC. 6. CANALWAY PLAN.
(a) 
CANALWAY
PLAN
REQUIREMENTS.—The
Canalway Plan shall—
(1) include a review of existing plans for the
Corridor, including the Canal Recreationway Plan
and Canal Revitalization Program, and incorporate
them to the extent feasible to ensure consistency
with local, regional and state planning efforts;
(2) provide a strategy for the thematic inven-
tory, survey, and evaluation of historic properties
that should be conserved, restored, developed, or
maintained because of their natural, cultural, or his-
toric significance within the Corridor in accordance
with the regulations for the National Register of
Historic Places;
(3) identify public and private-sector preserva-
tion goals and strategies for the Corridor;
(4) include a comprehensive interpretive plan
that identifies, develops, supports, and enhances in-
terpretation and education programs within the Cor-
ridor that may include—
(A) research related to the construction
and history of the canals and the cultural herit-
age of the canal workers, their families, those
that traveled along the canals, the associated
farming activities, the landscape, and the com-
munities;
(B) documentation of and methods to sup-
port the perpetuation of music, art, poetry, lit-
erature and folkways associated with the canals;
and
(C) educational and interpretative pro-
grams related to the Erie Canalway developed
in cooperation with State and local govern-
ments, educational institutions, and nonprofit
institutions;
(5) include a strategy to further the rec-
reational development of the Corridor that will en-
able users to uniquely experience the canal system;
(6) propose programs to protect, interpret and
promote the Corridor’s historical, cultural, rec-
reational, educational, scenic and natural resources;
(7) include a plan to inventory canal related
natural, cultural and historic sites and resources lo-
cated in the Area;
(8) recommend Federal, State, and local strate-
gies and policies to support economic development,
especially tourism-related development and recre-
ation, consistent with the purposes of the Corridor;
(9) develop criteria and priorities for financial
preservation assistance;
(10) identify and foster strong cooperative rela-
tionships between the National Park Service, the
New York State Canal Corporation, other Federal
and State agencies, and nongovernmental organiza-
tions;
(11) recommend specific areas to the National
Park Service for development of interpretive, edu-
cational, and technical assistance centers associated
with the Corridor; and
(12) contain a program for implementation of
the Canalway Plan by all necessary parties.
(b) APPROVAL OF THE CANALWAY PLAN.—The Sec-
retary and the Governor shall approve or disapprove the
Canalway Plan not later than 90 days after receiving the
Canalway Plan.
(c) DISAPPROVAL OF CANALWAY PLAN.—If the Sec-
retary or the Governor do not approve the Canalway Plan,
the Secretary or the Governor shall advise the Commission
in writing within 90 days the reasons therefor and shall
indicate any recommendations for revisions. Following
completion of any necessary revisions of the Canalway
Plan, the Secretary and the Governor shall have 90 days
to either approve or disapprove of the revised Canalway
Plan.
(d) AMENDMENTS TO CANALWAY PLAN.—The Sec-
retary and the Governor shall review substantial amend-
ments to the Canalway Plan. Funds appropriated pursu-
ant to this Act may not be expended to implement the
changes made by such amendments until the Secretary
and the Governor approves the amendments.
SEC. 7. DUTIES OF THE SECRETARY.
(a) IN GENERAL.—The Secretary is authorized to as-
sist the Commission in the preparation of the Canalway
Plan with a focus on the comprehensive interpretive plan
as required under section 6(a)(4).
(b) TECHNICAL ASSISTANCE.—Pursuant to an ap-
proved Canalway Plan, the Secretary is authorized to
enter into cooperative agreements with, provide technical
assistance to and award grants to the Commission to pro-
vide for the preservation and interpretation of the natural,
cultural, historical, recreational, and scenic resources of
the Corridor.
(c) EARLY ACTIONS.—Prior to approval of the
Canalway Plan, with the approval of the Commission, the
Secretary may provide technical and financial assistance
for early actions that are important to the purposes of
this Act and that protect and preserve resources and to
undertake an educational and interpretive program of the
story and history of the Erie Canalway.
(d) CANALWAY PLAN IMPLEMENTATION.—Upon ap-
proval of the Canalway Plan, the Secretary is authorized
to implement those activities that the Canalway Plan has
identified that are the responsibility of the Secretary or
agent of the Secretary to undertake in the implementation
of the Canalway Plan.
(e) DETAIL.—Each fiscal year during the existence
of the Commission and upon the request of the Commis-
sion, the Secretary shall detail to the Commission, on a
nonreimbursable basis, 2 employees of the Department of
the Interior to enable the Commission to carry out the
Commission’s duties with regard to the preparation and
approval of the Canalway Plan. Such detail shall be with-
out interruption or loss of civil service status, benefits, or
privileges.
(f) REPORT.—Not later than 2 years after the ap-
proval of the Canalway Plan, the Secretary shall submit
to Congress a report recommending whether the edu-
cational and interpretive sites identified by the Commis-
sion meet the criteria for designation as a unit of the Na-
tional Park System as required by Public Law 105–391
(112 Stat. 3501; 16 U.S.C.1a–5 note).
SEC. 9. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting any ac-
tivity directly affecting the Corridor, and any unit of gov-
ernment acting pursuant to a grant of Federal funds or
a Federal permit or agreement conducting or supporting
such activities, may—
(1) consult with the Secretary and the Commis-
sion with respect to such activities;
(2) cooperate with the Secretary and the Com-
mission in carrying out their duties under this Act
and coordinate such activities with the carrying out
of such duties; and
(3) conduct or support such activities in a man-
ner consistent with the Canalway Plan unless the
Federal entity, after consultation with the Secretary
and the Commission, determines there is no prac-
ticable alternative.
SEC. 10. SAVINGS PROVISIONS.
(a) AUTHORITY OF GOVERNMENTS.—Nothing in this
Act shall be construed to modify, enlarge, or diminish any
authority of the Federal, State, or local governments to
regulate any use of land as provided for by law or regula-
tion.
(b) ZONING OR LAND.—Nothing in this Act shall be
construed to grant powers of zoning or land use to the
Commission.
(c) LOCAL AUTHORITY AND PRIVATE PROPERTY.—
Nothing in this Act shall be construed to affect or to au-
thorize the Commission to interfere with—
(1) the rights of any person with respect to pri-
vate property;
(2) any local zoning ordinance or land use plan
of the State of New York or political subdivision
thereof; or
(3) any State or local canal related development
plans including but not limited to the Canal
Recreationway Plan and the Canal Revitalization
Program.
(d) FISH AND WILDLIFE.—The designation of the
Corridor shall not diminish the authority of the State of
New York to manage fish and wildlife, including the regu-
lation of fishing and hunting within the Corridor.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—
(1) CORRIDOR.—There is authorized to be ap-
propriated 
for 
the 
Corridor 
not 
more 
than
$1,000,000 for any fiscal year, to remain available
until 
expended. 
Not 
more 
than 
a 
total 
of
$10,000,000 may be appropriated for the Corridor
under this Act.
(2) COMMISSION.—Additionally, there is au-
thorized to be appropriated to the Commission not
more than $250,000 annually to carry out the duties
of the Commission.
(b) OTHER FUNDING.—In addition to the sums au-
thorized in subsection (a), there are authorized to be ap-
propriated to the Secretary of the Interior such sums as
are necessary for the Secretary to undertake interim ac-
tions the Secretary is authorized to undertake and that
are necessary for the Secretary to implement the respon-
sibilities of the Department of the Interior outlined in the
Canalway Plan.
Æ