II
109th CONGRESS
1st Session
S. 322
IN THE SENATE OF THE UNITED STATES
February 8, 2005
Mr. Jeffords (for himself, Mr. Leahy, Mrs. Clinton, and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To establish the Champlain Valley National Heritage Partnership in the States of Vermont and New York, and for other purposes.
Short title
This Act may be cited as the
Champlain Valley National Heritage
Partnership Act of 2005
.
Findings and purposes
Findings
Congress finds that—
the Champlain Valley and its extensive cultural and natural resources have played a significant role in the history of the United States and the individual States of Vermont and New York;
archaeological evidence indicates that the Champlain Valley has been inhabited by humans since the last retreat of the glaciers, with the Native Americans living in the area at the time of European discovery being primarily of Iroquois and Algonquin descent;
the linked waterways of the Champlain Valley, including the Richelieu River in Canada, played a unique and significant role in the establishment and development of the United States and Canada through several distinct eras, including—
the era of European exploration, during which Samuel de Champlain and other explorers used the waterways as a means of access through the wilderness;
the era of military campaigns, including highly significant military campaigns of the French and Indian War, the American Revolution, and the War of 1812; and
the era of maritime commerce, during which canals boats, schooners, and steamships formed the backbone of commercial transportation for the region;
those unique and
significant eras are best described by the theme The Making of Nations
and Corridors of Commerce
;
the artifacts and structures associated with those eras are unusually well-preserved;
the Champlain Valley is recognized as having one of the richest collections of historical resources in North America;
the history and cultural heritage of the Champlain Valley are shared with Canada and the Province of Quebec;
there are benefits in celebrating and promoting this mutual heritage;
tourism is among the most important industries in the Champlain Valley, and heritage tourism in particular plays a significant role in the economy of the Champlain Valley;
it is important to enhance heritage tourism in the Champlain Valley while ensuring that increased visitation will not impair the historical and cultural resources of the region;
according to the
1999 report of the National Park Service entitled Champlain Valley
Heritage Corridor Project
, the Champlain Valley contains
resources and represents a theme
;
andThe Making of Nations and Corridors of
Commerce
, that is of outstanding importance in U.S. history
it is in the interest of the United States to preserve and interpret the historical and cultural resources of the Champlain Valley for the education and benefit of present and future generations.
Purposes
The purposes of this Act are—
to establish the Champlain Valley National Heritage Partnership in the States of Vermont and New York to recognize the importance of the historical, cultural, and recreational resources of the Champlain Valley region to the United States;
to assist the State of Vermont and New York, including units of local government and nongovernmental organizations in the States, in preserving, protecting, and interpreting those resources for the benefit of the people of the United States;
to use those
resources and the theme The Making of Nations and Corridors of
Commerce
to—
revitalize the economy of communities in the Champlain Valley; and
generate and sustain increased levels of tourism in the Champlain Valley;
to encourage—
partnerships among State and local governments and nongovernmental organizations in the United States; and
collaboration with Canada and the Province of Quebec to—
interpret and promote the history of the waterways of the Champlain Valley region;
form stronger bonds between the United States and Canada; and
promote the international aspects of the Champlain Valley region; and
to provide financial and technical assistance for the purposes described in paragraphs (1) through (4).
Definitions
In this Act:
Heritage Partnership
The term Heritage Partnership means the Champlain Valley National Heritage Partnership established by section 4(a).
Management entity
The term management entity means the Lake Champlain Basin Program.
Management plan
The term management plan means the management plan developed under section 4(b)(B)(i).
Region
In general
The term region means any area or community in 1 of the States in which a physical, cultural, or historical resource that represents the theme is located.
Inclusions
The term region includes
the linked navigable waterways of—
Lake Champlain;
Lake George;
the Champlain Canal; and
the portion of the Upper Hudson River extending south to Saratoga;
portions of Grand Isle, Franklin, Chittenden, Addison, Rutland, and Bennington Counties in the State of Vermont; and
portions of Clinton, Essex, Warren, Saratoga and Washington Counties in the State of New York.
Secretary
The term Secretary means the Secretary of the Interior.
State
the term State means—
the State of Vermont; and
the State of New York.
Theme
The
term theme means the theme The Making of Nations and
Corridors of Commerce
, as the term is used in the 1999 report of the
National Park Service entitled Champlain Valley Heritage Corridor
Project
, that describes the periods of international conflict and
maritime commerce during which the region played a unique and significant role
in the development of the United States and Canada.
Heritage Partnership
Establishment
There is established in the regional the Champlain Valley National Heritage Partnership.
Management entity
Duties
In general
The management entity shall implement the Act.
Management plan
In general
Not later than 3 years after the date of enactment of this Act, the management entity shall develop a management plan for the Heritage Partnership.
Existing plan
Pending the completion and approval of the management plan,
the management entity may implement the provisions of this Act based on its
federally authorized plan Opportunities for Action, an Evolving Plan For
Lake Champlain
.
Contents
The management plan shall include—
recommendations for funding, managing, and developing the Heritage Partnership;
a description of activities to be carried out by public and private organizations to protect the resources of the Heritage Partnership;
a list of specific, potential sources of funding for the protection, management, and development of the Heritage Partnership;
an assessment of the organizational capacity of the management entity to achieve the goals for implementation; and
recommendations of ways in which to encourage collaboration with Canada and the Province of Quebec in implementing this Act.
Considerations
In developing the management plan under clause (i), the management entity shall take into consideration existing Federal, State, and local plans relating to the region.
Submission to Secretary for approval
In general
Not later than 3 years after the date of enactment of this Act, the management entity shall submit the management plan to the Secretary for approval.
Effect of failure to submit
If a management plan is not submitted to the Secretary by the date specified in paragraph (I), the Secretary shall not provide any additional funding under this Act until a management plan for the Heritage Partnership is submitted to the Secretary.
Approval
Not later than 90 days after receiving the management plan submitted under subparagraph (V)(I), the Secretary, in consultation with the States, shall approve or disapprove the management plan.
Action following disapproval
General
If the Secretary disapproves a management plan under subparagraph (vi), the Secretary shall—
advise the management entity in writing of the reasons for the disapproval;
make recommendations for revisions to the management plan; and
allow the management entity to submit to the Secretary revisions to the management plan.
Deadline for approval of revision
Not later than 90 days after the date on which a revision is submitted under subparagraph (vii)(I)(cc), the Secretary shall approve or disapprove the revision.
Amendment
In general
After approval by the Secretary of the management plan, the management entity shall periodically—
review the management plan; and
submit to the Secretary, for review and approval by the Secretary, the recommendations of the management entity for any amendments to the management plan that the management entity considers to be appropriate.
Expenditure of funds
No funds made available under this Act shall be used to implement any amendment proposed by the management entity under subparagraph (viii)(1) until the Secretary approves the amendments.
Partnerships
In general
In carrying out this Act, the management entity may enter into partnerships with—
the States, including units of local governments in the States;
nongovernmental organizations;
Indian Tribes; and
other persons in the Heritage Partnership.
Grants
Subject to the availability of funds, the management entity may provide grants to partners under subparagraph (A) to assist in implementing this Act.
Prohibition on the acquisition of real property
The management entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property.
Assistance from Secretary
To carry out the purposes of this Act, the Secretary may provide technical and financial assistance to the management entity.
Effect
Nothing in this Act—
grants powers of zoning or land use to the management entity;
modifies, enlarges, or diminishes the authority of the Federal Government or a State or local government to manage or regulate any use of land under any law (including regulations); or
obstructs or limits private business development activities or resource development activities.
Authorization of appropriations
In general
There is authorized to be appropriated to carry out this Act not more than a total of $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
Non-Federal share
The non-Federal share of the cost of any activities carried out using Federal funds made available under subsection (a) not be less than 50 percent.
Termination of authority
The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.