Pub. L. 110-229, tit. III, subtit. D, sec. 334

HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL COMMEMORATION COMMISSION.

EnactedYear: 2008Length: 2,353 wordsOfficial source
SEC. 334. HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL COMMEMORATION COMMISSION.(a) Coordination.—Each commission established under this section shall coordinate with the other respective commission established under this section to ensure that commemorations of Henry Hudson, Robert Fulton, and Samuel de Champlain are—(1) consistent with the plans and programs of the commemorative commissions established by the States of New York and Vermont; and(2) well-organized and successful.(b) Definitions.—In this section:(1) Champlain commemoration.—The term “Champlain commemoration” means the commemoration of the 400th anniversary of the voyage of Samuel de Champlain.(2) Champlain commission.—The term “Champlain Commission” means the Champlain Quadricentennial Commemoration Commission established by subsection (c)(1).(3) Commission.—The term “Commission” means each of the Champlain Commission and the Hudson-Fulton Commission.(4) Hudson-fulton commemoration.—The term “Hudson-Fulton commemoration” means the commemoration of—(A) the 200th anniversary of the voyage of Robert Fulton in the Clermont; and(B) the 400th anniversary of the voyage of Henry Hudson in the Half Moon.(5) Hudson-fulton commission.—The term “Hudson-Fulton Commission” means the Hudson-Fulton 400th Commemoration Commission established by subsection (d)(1).(6) Lake champlain basin program.—The term “Lake Champlain Basin Program” means the partnership established by section 120 of the Federal Water Pollution Control Act (33 U.S.C. 1270) between the States of New York and Vermont and Federal agencies to carry out the Lake Champlain management plan entitled, “Opportunities for Action: An Evolving Plan for the Lake Champlain Basin”.(7) Secretary.—The term “Secretary” means the Secretary of the Interior.(c) Establishment of Champlain Commission.—(1) In general.—There is established a commission to be known as the “Champlain Quadricentennial Commemoration Commission”.(2) Membership.—(A) Composition.—The Champlain Commission shall be composed of 10 members, of whom—(i) 1 member shall be the Director of the National Park Service (or a designee);(ii) 4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are—122 STAT. 788(I) serving as members of the Hudson-Fulton-Champlain Quadricentennial Commission of the State of New York; and(II) residents of Champlain Valley, New York;(iii) 4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are—(I) serving as members of the Lake Champlain Quadricentennial Commission of the State of Vermont; and(II) residents of the State of Vermont; and(iv) 1 member shall be appointed by the Secretary, and shall be an individual who has—(I) an interest in, support for, and expertise appropriate with respect to, the Champlain commemoration; and(II) knowledge relating to the history of the Champlain Valley.(B) Term; vacancies.—(i) Term.—A member of the Champlain Commission shall be appointed for the life of the Champlain Commission.(ii) Vacancies.—A vacancy on the Champlain Commission shall be filled in the same manner in which the original appointment was made.(3) Duties.—The Champlain Commission shall—(A) plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the voyage of Samuel de Champlain, the first European to discover and explore Lake Champlain;(B) facilitate activities relating to the Champlain Quadricentennial throughout the United States;(C) coordinate the activities of the Champlain Commission with—(i) State commemoration commissions;(ii) appropriate Federal agencies;(iii) the Lake Champlain Basin Program;(iv) the National Endowment for the Arts; and(v) the Smithsonian Institution;(D) encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the voyage of Samuel de Champlain;(E) provide technical assistance to States, localities, and nonprofit organizations to further the Champlain commemoration;(F) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyage of Samuel de Champlain;(G) ensure that the Champlain 2009 anniversary provides a lasting legacy and a long-term public benefit by assisting in the development of appropriate programs and facilities;(H) help ensure that the observances of the voyage of Samuel de Champlain are inclusive and appropriately 122 STAT. 789 recognize the experiences and heritage of all people present when Samuel de Champlain arrived in the Champlain Valley; and(I) consult and coordinate with the Lake Champlain Basin Program and other relevant organizations to plan and develop programs and activities to commemorate the voyage of Samuel de Champlain.(d) Establishment of Hudson-Fulton Commission.—(1) Establishment.—There is established a commission to be known as the “Hudson-Fulton 400th Commemoration Commission”.(2) Membership.—(A) Composition.—The Hudson-Fulton Commission shall be composed of 15 members, of whom—(i) 1 member shall be the Director of the National Park Service (or a designee);(ii) 1 member shall be appointed by the Secretary, after considering the recommendation of the Governor of the State of New York;(iii) 6 members shall be appointed by the Secretary, after considering the recommendations of the Members of the House of Representatives whose districts encompass the Hudson River Valley;(iv) 2 members shall be appointed by the Secretary, after considering the recommendations of the Members of the Senate from the State of New York;(v) 2 members shall be—(I) appointed by the Secretary; and(II) individuals who have an interest in, support for, and expertise appropriate with respect to, the Hudson-Fulton commemoration, of whom—(aa) 1 member shall be an individual with expertise in the Hudson River Valley National Heritage Area; and(bb) 1 member shall be an individual with expertise in the State of New York, as it relates to the Hudson-Fulton commemoration;(vi) 1 member shall be the Chairperson of a commemorative commission formed by the State of New York (or the designee of the Chairperson); and(vii) 2 members shall be appointed by the Secretary, after—(I) considering the recommendation of the Mayor of the city of New York; and(II) consulting the Members of the House of Representatives whose districts encompass the city of New York.(B) Term; vacancies.—(i) Term.—A member of the Hudson-Fulton Commission shall be appointed for the life of the Hudson-Fulton Commission.(ii) Vacancies.—A vacancy on the Hudson-Fulton Commission shall be filled in the same manner in which the original appointment was made.(3) Duties.—The Hudson-Fulton Commission shall—(A) plan, develop, and execute programs and activities appropriate to commemorate—122 STAT. 790(i) the 400th anniversary of the voyage of Henry Hudson, the first European to sail up the Hudson River; and(ii) the 200th anniversary of the voyage of Robert Fulton, the first person to use steam navigation on a commercial basis;(B) facilitate activities relating to the Hudson-Fulton-Champlain Quadricentennial throughout the United States;(C) coordinate the activities of the Hudson-Fulton Commission with—(i) State commemoration commissions;(ii) appropriate Federal agencies;(iii) the National Park Service, with respect to the Hudson River Valley National Heritage Area;(iv) the American Heritage Rivers Initiative Interagency Committee established by Executive Order 13061, dated September 11, 1997;(v) the National Endowment for the Humanities;(vi) the National Endowment for the Arts; and(vii) the Smithsonian Institution;(D) encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the voyages of Henry Hudson and Robert Fulton;(E) provide technical assistance to States, localities, and nonprofit organizations to further the Hudson-Fulton commemoration;(F) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyages of Henry Hudson and Robert Fulton;(G) ensure that the Hudson-Fulton 2009 commemorations provide a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities; and(H) help ensure that the observances of Henry Hudson are inclusive and appropriately recognize the experiences and heritage of all people present when Henry Hudson sailed the Hudson River.(e) Commission Meetings.—(1) Initial meeting.—Not later than 30 days after the date on which all members of a commission established under this section have been appointed, the applicable Commission shall hold an initial meeting.(2) Meetings.—A commission established under this section shall meet—(A) at least twice each year; or(B) at the call of the Chairperson or the majority of the members of the Commission.(3) Quorum.—A majority of voting members shall constitute a quorum, but a lesser number may hold meetings.(4) Chairperson and vice chairperson.—(A) Election.—The Commission shall elect the Chairperson and the Vice Chairperson of the Commission on an annual basis.122 STAT. 791(B) Absence of the chairperson.—The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.(5) Voting.—A commission established under this section shall act only on an affirmative vote of a majority of the voting members of the applicable Commission.(f) Commission Powers.—(1) Gifts.—The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other property for aiding or facilitating the work of the Commission.(2) Appointment of advisory committees.—The Commission may appoint such advisory committees as the Commission determines to be necessary to carry out this section.(3) Authorization of action.—The Commission may authorize any member or employee of the Commission to take any action that the Commission is authorized to take under this section.(4) Procurement.—(A) In general.—The Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this section (except that a contract, lease, or other legal agreement made or entered into by the Commission shall not extend beyond the date of termination of the Commission).(B) Limitation.—The Commission may not purchase real property.(5) Postal services.—The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.(6) Grants.—(A) Champlain commission.—The Champlain Commission may make grants in amounts not to exceed $20,000—(i) to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the Champlain commemoration; and(ii) to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyage of Samuel de Champlain.(B) Hudson-fulton commission.—The Hudson-Fulton Commission may make grants in amounts not to exceed $20,000—(i) to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the Hudson-Fulton commemoration; and(ii) to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyages of Henry Hudson and Robert Fulton.(7) Technical assistance.—The Commission shall provide technical assistance to States, localities, and nonprofit organizations to further the Champlain commemoration and Hudson-Fulton commemoration, as applicable.(8) Coordination and consultation with lake champlain basin program.—The Champlain Commission shall 122 STAT. 792 coordinate and consult with the Lake Champlain Basin Program to provide grants and technical assistance under paragraphs (6)(A) and (7) for the development of activities commemorating the voyage of Samuel de Champlain.(g) Commission Personnel Matters.—(1) Compensation of members.—(A) In general.—Except as provided in subparagraph (B), a member of the Commission shall serve without compensation.(B) Federal employees.—A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.(2) Travel expenses.—A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.(3) Staff.—The Commission may, without regard to the civil service laws (including regulations), appoint and terminate an Executive Director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission.(4) Compensation.—(A) In general.—Except as provided in subparagraph (B), the Commission may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.(B) Maximum rate of pay.—The rate of pay for the Executive Director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.(5) Detail of government employees.—(A) Federal employees.—(i) In general.—At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this section.(ii) Civil service status.—The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege.(B) State employees.—The Commission may—(i) accept the services of personnel detailed from the State of New York or the State of Vermont, as appropriate (including subdivisions of the States); and(ii) reimburse the State of New York or the State of Vermont for services of detailed personnel.(C) Lake champlain basin program employees.—The Champlain Commission may—(i) accept the services of personnel detailed from the Lake Champlain Basin Program; and122 STAT. 793(ii) reimburse the Lake Champlain Basin Program for services of detailed personnel.(D) Procurement of temporary and intermittent services.—The Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.(6) Volunteer and uncompensated services.—Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.(7) Support services.—The Secretary shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.(8) FACA nonapplicability.—Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.(h) Reports.—Not later than September 30, 2010, the Commission shall submit to the Secretary a report that contains—(1) a summary of the activities of the Commission;(2) a final accounting of funds received and expended by the Commission; and(3) the findings and recommendations of the Commission.(i) Termination of Commissions.—(1) Date of termination.—The Commission shall terminate on December 31, 2010.(2) Transfer of documents and materials.—Before the date of termination specified in paragraph (1), the Commission shall transfer all of its documents and materials of the Commission to the National Archives or another appropriate Federal entity.(j) Authorization of Appropriations.—(1) In general.—There are authorized to be appropriated to carry out this section for each of fiscal years 2008 through 2011—(A) $500,000 to the Champlain Commission; and(B) $500,000 to the Hudson-Fulton Commission.(2) Availability.—Amounts made available under paragraph (1) shall remain available until expended.
Pub. L. 110-229, tit. III, subtit. D, sec. 334: HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL COMMEMORATION COMMISSION. | Justis AI