[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 5375 Introduced in House (IH)] 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION. 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Erie Canalway National Heritage Corridor Act''. (b) Definitions.--For the purposes of this Act, the following definitions shall apply: (1) Erie canalway.--The term ``Erie Canalway'' means the 524 miles of navigable canal that comprise the New York State Canal System, including the Erie, Cayuga and Seneca, Oswego, and Champlain Canals and the historic alignments of these canals, including the cities of Albany and Buffalo. (2) Canalway plan.--The term ``Canalway Plan'' means the comprehensive preservation and management plan for the Corridor required under section 6. (3) Commission.--The term ``Commission'' means the Erie Canalway National Heritage Corridor Commission established under section 4. (4) Corridor.--The term ``Corridor'' means the Erie Canalway National Heritage Corridor established under section 3. (5) Governor.--The term ``Governor'' means the Governor of the State of New York. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the year 2000 marks the 175th Anniversary of New York State's creation and stewardship of the Erie Canalway for commerce, transportation and recreational purposes, establishing the network which made New York the ``Empire State'' and the Nation's premier commercial and financial center; (2) the canals and adjacent areas that comprise the Erie Canalway are a nationally significant resource of historic and recreational value, which merit Federal recognition and assistance;-- (3) the Erie Canalway was instrumental in the establishment of strong political and cultural ties between New England, upstate New York and the old Northwest and facilitated the movement of ideas and people ensuring that social reforms like the abolition of slavery and the women's rights movement spread across upstate New York to the rest of the country; (4) the construction of the Erie Canalway was considered a supreme engineering feat, and most American canals were modeled after New York State's canal; (5) at the time of construction, the Erie Canalway was the largest public works project ever undertaken by a state, resulting in the creation of critical transportation and commercial routes to transport passengers and goods; (6) the Erie Canalway played a key role in turning New York City into a major port and New York State into the preeminent center for commerce, industry, and finance in North America and provided a permanent commercial link between the Port of New York and the cities of eastern Canada, a cornerstone of the peaceful relationship between the two countries; (7) the Erie Canalway proved the depth and force of American ingenuity, solidified a national identity, and found an enduring place in American legend, song, and art; (8) there is national interest in the preservation and interpretation of the Erie Canalway's important historical, natural, cultural, and scenic resources; and (9) partnerships among Federal, State, and local governments and their regional entities, nonprofit organizations, and the private sector offer the most effective opportunities for the preservation and interpretation of the Erie Canalway. (b) Purposes.--The purposes of this Act are-- (1) to designate the Erie Canalway National Heritage Corridor; (2) to provide for and assist in the identification, preservation, promotion, maintenance and interpretation of the historical, natural, cultural, scenic, and recreational resources of the Erie Canalway 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 development of integrated cultural, historical, recreational, 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 purposes for the benefit of the people of the State of New York and the nation. SEC. 3. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR. (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 entitled ``Boundaries of Canalway Communities'' numbered ERCA ____ and dated ____. This map shall be on file and available for public inspection in the appropriate office of the National Park Service, the office of the Commission, and the office of the New York State Canal Corporation in Albany, New York. (c) Boundary Revisions.--The boundaries of the Corridor may be revised by an amendment to this Act pursuant 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 construed to alter the ownership, operation, or management of the New York State Canal System. SEC. 4. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR 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 authorities to develop and implement the Canalway Plan; and (2) to foster the integration of canal-related historical, cultural, recreational, scenic, economic and community development initiatives within the Corridor. (b) Membership.--The Commission shall be composed 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 Commissioners of the New York State Department of Environmental Conservation, the New York State Office of Parks, Recreation and Historic Preservation, 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 governments and the private sector with knowledge of tourism, 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 recommendation from each member of the United States House of Representatives whose district shall encompass the Corridor. Each shall be a resident of the district from which they shall be recommended. (B) 2 members based on a recommendation 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 appointed 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 member 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 Commission. Members of the Commission, other than employees of the State and Canal Corporation, while away from their homes or regular places of business to perform services for the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner 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 annual basis. The vice chairperson shall serve as the chairperson in the absence of the chairperson. (f) Quorum and Voting.--14 members of the Commission 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 Commission 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 members. Notice of Commission meetings and agendas for the meetings shall be published in local newspapers throughout the Corridor. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating 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 services 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 personnel 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 Federal 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 carrying 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, bequests, 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 facilities, 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 appropriate; 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 Administrator of General Services, on a reimbursable basis, such administrative support services as the Commission 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 funding 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 requirements 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 conservation and preservation of the Canalway's cultural and natural resources and economic revitalization 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 organizations in designing, establishing and maintaining visitor centers, museums, and other interpretive exhibits in the Corridor; (3) assisting in the public awareness and appreciation for the historic, cultural, natural, scenic, and recreational resources and sites in the Corridor; (4) assisting the State of New York, local governments, and nonprofit organizations in the preservation and restoration of any historic building, site, or district in the Corridor; (5) encouraging, by appropriate means, enhanced economic development in the Corridor consistent with the goals of the Canalway Plan and the purposes of this Act; and (6) ensuring that clear, consistent signs identifying 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 Governor and the Secretary identifying its expenses and any income, the entities to which any grants or technical assistance 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 inventory, survey, and evaluation of historic properties that should be conserved, restored, developed, or maintained because of their natural, cultural, or historic significance within the Corridor in accordance with the regulations for the National Register of Historic Places; (3) identify public and private-sector preservation goals and strategies for the Corridor; (4) include a comprehensive interpretive plan that identifies, develops, supports, and enhances interpretation and education programs within the Corridor that may include-- (A) research related to the construction and history of the canals and the cultural heritage of the canal workers, their families, those that traveled along the canals, the associated farming activities, the landscape, and the communities; (B) documentation of and methods to support the perpetuation of music, art, poetry, literature and folkways associated with the canals; and (C) educational and interpretative programs related to the Erie Canalway developed in cooperation with State and local governments, educational institutions, and nonprofit institutions; (5) include a strategy to further the recreational development of the Corridor that will enable users to uniquely experience the canal system; (6) propose programs to protect, interpret and promote the Corridor's historical, cultural, recreational, educational, scenic and natural resources; (7) include a plan to inventory canal related natural, cultural and historic sites and resources located in the Area; (8) recommend Federal, State, and local strategies and policies to support economic development, especially tourism- related development and recreation, consistent with the purposes of the Corridor; (9) develop criteria and priorities for financial preservation assistance; (10) identify and foster strong cooperative relationships between the National Park Service, the New York State Canal Corporation, other Federal and State agencies, and nongovernmental organizations; (11) recommend specific areas to the National Park Service for development of interpretive, educational, 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 Secretary 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 Secretary 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 Secretary and the Governor shall review substantial amendments to the Canalway Plan. Funds appropriated pursuant 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 assist 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 approved Canalway Plan, the Secretary is authorized to enter into cooperative agreements with, provide technical assistance to and award grants to the Commission to provide 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 approval 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 Commission, 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 without interruption or loss of civil service status, benefits, or privileges. (f) Report.--Not later than 2 years after the approval of the Canalway Plan, the Secretary shall submit to Congress a report recommending whether the educational and interpretive sites identified by the Commission meet the criteria for designation as a unit of the National 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 activity directly affecting the Corridor, and any unit of government 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 Commission with respect to such activities; (2) cooperate with the Secretary and the Commission 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 manner consistent with the Canalway Plan unless the Federal entity, after consultation with the Secretary and the Commission, determines there is no practicable 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 regulation. (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 authorize the Commission to interfere with-- (1) the rights of any person with respect to private 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 regulation of fishing and hunting within the Corridor. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.-- (1) Corridor.--There is authorized to be appropriated 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 authorized 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 authorized in subsection (a), there are authorized to be appropriated to the Secretary of the Interior such sums as are necessary for the Secretary to undertake interim actions the Secretary is authorized to undertake and that are necessary for the Secretary to implement the responsibilities of the Department of the Interior outlined in the Canalway Plan. <all>