S. Rept. 110-179 - 110th Congress (2007-2008)
September 17, 2007, As Reported by the Energy and Natural Resources Committee

Report text available as:

Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.




Senate Report 110-179 - HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL COMMEMORATION COMMISSION ACT OF 2007




[Senate Report 110-179]
[From the U.S. Government Printing Office]



                                                       Calendar No. 377
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-179

======================================================================



 
 HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL COMMEMORATION COMMISSION ACT 
                                OF 2007

                                _______
                                

               September 17, 2007.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany S. 1148 ]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1148) to establish the Champlain 
Quadricentennial Commemoration Commission and the Hudson-Fulton 
400th Commemoration Commission, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Hudson-Fulton-Champlain 
Quadricentennial Commemoration Commission Act of 2007''.

SEC. 2. COORDINATION.

  Each commission established under this Act shall coordinate with the 
other respective commission established under this Act 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.

SEC. 3. DEFINITIONS.

  In this Act:
          (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 section 4(a).
          (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 section 5(a).
          (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.

SEC. 4. ESTABLISHMENT OF CHAMPLAIN COMMISSION.

  (a) In General.--There is established a commission to be known as the 
``Champlain Quadricentennial Commemoration Commission''.
  (b) Membership.--
          (1) Composition.--The Champlain Commission shall be composed 
        of 10 members, of whom--
                  (A) 1 member shall be the Director of the National 
                Park Service (or a designee);
                  (B) 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 Hudson-Fulton-
                        Champlain Quadricentennial Commission of the 
                        State of New York; and
                          (ii) residents of Champlain Valley, New York;
                  (C) 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
                  (D) 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.
          (2) Term; vacancies.--
                  (A) Term.--A member of the Champlain Commission shall 
                be appointed for the life of the Champlain Commission.
                  (B) Vacancies.--A vacancy on the Champlain Commission 
                shall be filled in the same manner in which the 
                original appointment was made.
  (c) Duties.--The Champlain Commission shall--
          (1) 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;
          (2) facilitate activities relating to the Champlain 
        Quadricentennial throughout the United States;
          (3) coordinate the activities of the Champlain Commission 
        with--
                  (A) State commemoration commissions;
                  (B) appropriate Federal agencies;
                  (C) the Lake Champlain Basin Program;
                  (D) the National Endowment for the Arts; and
                  (E) the Smithsonian Institution;
          (4) 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;
          (5) provide technical assistance to States, localities, and 
        nonprofit organizations to further the Champlain commemoration;
          (6) coordinate and facilitate for the public scholarly 
        research on, publication about, and interpretation of, the 
        voyage of Samuel de Champlain;
          (7) 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;
          (8) help ensure that the observances of the voyage of Samuel 
        de Champlain are inclusive and appropriately recognize the 
        experiences and heritage of all people present when Samuel de 
        Champlain arrived in the Champlain Valley; and
          (9) 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.

SEC. 5. ESTABLISHMENT OF HUDSON-FULTON COMMISSION.

  (a) Establishment.--There is established a commission to be known as 
the ``Hudson-Fulton 400th Commemoration Commission''.
  (b) Membership.--
          (1) Composition.--The Hudson-Fulton Commission shall be 
        composed of 15 members, of whom--
                  (A) 1 member shall be the Director of the National 
                Park Service (or a designee);
                  (B) 1 member shall be appointed by the Secretary, 
                after considering the recommendation of the Governor of 
                the State of New York;
                  (C) 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;
                  (D) 2 members shall be appointed by the Secretary, 
                after considering the recommendations of the Members of 
                the Senate from the State of New York;
                  (E) 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--
                                  (I) 1 member shall be an individual 
                                with expertise in the Hudson River 
                                Valley National Heritage Area; and
                                  (II) 1 member shall be an individual 
                                with expertise in the State of New 
                                York, as it relates to the Hudson-
                                Fulton commemoration;
                  (F) 1 member shall be the Chairperson of a 
                commemorative commission formed by the State of New 
                York (or the designee of the Chairperson); and
                  (G) 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.
          (2) Term; vacancies.--
                  (A) Term.--A member of the Hudson-Fulton Commission 
                shall be appointed for the life of the Hudson-Fulton 
                Commission.
                  (B) Vacancies.--A vacancy on the Hudson-Fulton 
                Commission shall be filled in the same manner in which 
                the original appointment was made.
  (c) Duties.--The Hudson-Fulton Commission shall--
          (1) plan, develop, and execute programs and activities 
        appropriate to commemorate--
                  (A) the 400th anniversary of the voyage of Henry 
                Hudson, the first European to sail up the Hudson River; 
                and
                  (B) the 200th anniversary of the voyage of Robert 
                Fulton, the first person to use steam navigation on a 
                commercial basis;
          (2) facilitate activities relating to the Hudson-Fulton-
        Champlain Quadricentennial throughout the United States;
          (3) coordinate the activities of the Hudson-Fulton Commission 
        with--
                  (A) State commemoration commissions;
                  (B) appropriate Federal agencies;
                  (C) the National Park Service, with respect to the 
                Hudson River Valley National Heritage Area;
                  (D) the American Heritage Rivers Initiative 
                Interagency Committee established by Executive Order 
                13061, dated September 11, 1997;
                  (E) the National Endowment for the Humanities;
                  (F) the National Endowment for the Arts; and
                  (G) the Smithsonian Institution;
          (4) 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;
          (5) provide technical assistance to States, localities, and 
        nonprofit organizations to further the Hudson-Fulton 
        commemoration;
          (6) coordinate and facilitate for the public scholarly 
        research on, publication about, and interpretation of, the 
        voyages of Henry Hudson and Robert Fulton;
          (7) 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
          (8) 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.

SEC. 6. COMMISSION MEETINGS.

  (a) Initial Meeting.--Not later than 30 days after the date on which 
all members of a commission established under this Act have been 
appointed, the applicable Commission shall hold an initial meeting.
  (b) Meetings.--A commission established under this Act shall meet--
          (1) at least twice each year; or
          (2) at the call of the Chairperson or the majority of the 
        members of the Commission.
  (c) Quorum.--A majority of voting members shall constitute a quorum, 
but a lesser number may hold meetings.
  (d) Chairperson and Vice Chairperson.--
          (1) Election.--The Commission shall elect the Chairperson and 
        the Vice Chairperson of the Commission on an annual basis.
          (2) Absence of the chairperson.--The Vice Chairperson shall 
        serve as the Chairperson in the absence of the Chairperson.
  (e) Voting.--A commission established under this Act shall act only 
on an affirmative vote of a majority of the voting members of the 
applicable Commission.

SEC. 7. COMMISSION POWERS.

  (a) 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.
  (b) Appointment of Advisory Committees.--The Commission may appoint 
such advisory committees as the Commission determines to be necessary 
to carry out this Act.
  (c) 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 Act.
  (d) Procurement.--
          (1) 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 Act 
        (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).
          (2) Limitation.--The Commission may not purchase real 
        property.
  (e) 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.
  (f) Grants.--
          (1)  Champlain commission.--The Champlain Commission may make 
        grants in amounts not to exceed $20,000--
                  (A) to communities, nonprofit organizations, and 
                State commemorative commissions to develop programs to 
                assist in the Champlain commemoration; and
                  (B) to research and scholarly organizations to 
                research, publish, or distribute information relating 
                to the early history of the voyage of Samuel de 
                Champlain.
          (2) Hudson-fulton commission.--The Hudson-Fulton Commission 
        may make grants in amounts not to exceed $20,000--
                  (A) to communities, nonprofit organizations, and 
                State commemorative commissions to develop programs to 
                assist in the Hudson-Fulton commemoration; and
                  (B) 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.
  (g) 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.
  (h) Coordination and Consultation With Lake Champlain Basin 
Program.--The Champlain Commission shall coordinate and consult with 
the Lake Champlain Basin Program to provide grants and technical 
assistance under subsections (f)(1) and (g) for the development of 
activities commemorating the voyage of Samuel de Champlain.

SEC. 8. COMMISSION PERSONNEL MATTERS.

  (a) Compensation of Members.--
          (1) In general.--Except as provided in paragraph (2), a 
        member of the Commission shall serve without compensation.
          (2) 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.
  (b) 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.
  (c) 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.
  (d) Compensation.--
          (1) In general.--Except as provided in paragraph (2), 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.
          (2) 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.
  (e) Detail of Government Employees.--
          (1) Federal employees.--
                  (A) 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 Act.
                  (B) Civil service status.--The detail of an employee 
                under subparagraph (A) shall be without interruption or 
                loss of civil service status or privilege.
          (2) State employees.--The Commission may--
                  (A) 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
                  (B) reimburse the State of New York or the State of 
                Vermont for services of detailed personnel.
          (3) Lake champlain basin program employees.--The Champlain 
        Commission may--
                  (A) accept the services of personnel detailed from 
                the Lake Champlain Basin Program; and
                  (B) reimburse the Lake Champlain Basin Program for 
                services of detailed personnel.
          (4) 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.
  (f) 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.
  (g) Support Services.--The Secretary shall provide to the Commission, 
on a reimbursable basis, such administrative support services as the 
Commission may request.
  (h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Commission.

SEC. 9. 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.

SEC. 10. TERMINATION OF COMMISSIONS.

  (a) Date of Termination.--The Commission shall terminate on December 
31, 2010.
  (b) Transfer of Documents and Materials.--Before the date of 
termination specified in subsection (a), the Commission shall transfer 
all of its documents and materials of the Commission to the National 
Archives or another appropriate Federal entity.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated to carry out 
this Act for each of fiscal years 2008 through 2011--
          (1) $500,000 to the Champlain Commission; and
          (2) $500,000 to the Hudson-Fulton Commission.
  (b) Availability.--Amounts made available under subsection (a) shall 
remain available until expended.

                                PURPOSE

    The purpose of S. 1148 is to establish two Federal 
commissions: the Champlain Quadricentennial Commemoration 
Commission to commemorate the 400th anniversary of the voyage 
of Samuel de Champlain; and the other to establish the Hudson-
Fulton 400th Commemoration Commission to commemorate the 400th 
anniversary of the voyage of Henry Hudson and the 200th 
anniversary of the voyage of Robert Fulton.

                          BACKGROUND AND NEED

    S. 1148 would establish two federal commissions to 
commemorate the 400th anniversary of the voyages of Henry 
Hudson and Samuel de Champlain, and the 200th anniversary of 
the voyage of Robert Fulton.
    Henry Hudson (c. 1565-1611) was an English navigator and 
explorer who searched in the early part of the seventeenth 
century to try and find a route from Europe to Asia via the 
Arctic Ocean. His third expedition was under contract to the 
Dutch East India Company. Sailing from Holland in 1609 on the 
vessel ``Half Moon,'' Hudson had to abandon his northeast 
voyage because of bad weather. Instead, he sailed along the 
Atlantic coast of North America in search of the Northwest 
Passage to the Pacific Ocean. He eventually entered the river, 
now named after him, and sailed up the river for approximately 
150 miles, until determining that the river was not the 
Northwest Passage.
    Hudson returned to North America again in 1610, entering 
into what is now known as Hudson Bay. When winter weather 
forced his return to England, Hudson and his son were 
overthrown by a crew mutiny, and cast adrift in Hudson Bay.
    Samuel de Champlain (1567-1635) was a French explorer. 
Following an expedition to the Caribbean, Champlain sailed as 
an observer in 1603 on a voyage up the ``River of Canada,'' now 
known as the St. Lawrence River. The following year, he sailed 
to the Acadia region around the Bay of Fundy, spending three 
years there.
    In 1608, Champlain led another expedition up the St. 
Lawrence River and founded the city of Quebec. He survived the 
first winter there with only eight other settlers. However, 
they were joined by new colonists the following year. While 
there he established a fur trade with local Indian tribes, and 
in 1609, visited the lake now named after him, the first 
European to do so. Although the fur trade collapsed in 1611, 
threatening the abandonment of Quebec, Champlain convinced King 
Louis XIII to maintain the settlement, eventually serving as 
commandant of New France, as the area was known. Champlain made 
his final voyage from France to Quebec in 1633.
    Robert Fulton (1765-1815) was an American inventor and 
engineer credited with designing the first commercially 
successful steam-powered boat. In 1801, after failing to 
succeed as an artist in Europe, Fulton met Robert Livingston, 
the Minister to France, who had obtained a 20-year monopoly of 
steamboat navigation within the State of New York. Fulton and 
Livingston agreed to work together toward building a steamboat, 
using Fulton's design. Although their initial attempts were 
unsuccessful, in 1807 a 150-foot twin paddlewheel steamboat 
made the 150-mile averaging almost 5 miles per hour, almost 
three times faster than the fastest sailing sloops of the day. 
Eventually Fulton strengthened and modified the original boat 
design, calling the new ship the ``North River Steamboat of 
Clermont,'' later reduced to the ``Clermont.''
    Hudson and Champlain's explorations led to the 
establishment of Fort Orange, a Dutch, and later English, 
settlement of what is now Albany, New York, as well as the 
establishment of French trading posts, military forts, and 
settlements as far south as Lake George. From these early 
establishments came increased trade, commerce, cultural, and 
religious impact deep into the Mohawk Valley and as far west as 
Lake Erie. Fulton's efforts almost 200 years later 
revolutionized waterborne commerce.

                          LEGISLATIVE HISTORY

    S. 1148 was introduced by Senators Clinton, Schumer, Leahy, 
and Sanders on April 18, 2007. The Subcommittee on National 
Parks held a hearing on the bill on July 12, 2007.
    Similar legislation, S. 1311, was introduced by Senator 
Clinton in the 108th Congress. The Subcommittee on National 
Parks held a hearing on the bill on September 21, 2004 (S. Hrg. 
108-739). Legislation was also introduced in the 109th 
Congress, S. 2059, but no action was taken on the bill.
    At its business meeting on July 25, 2007, the Committee on 
Energy and Natural Resources ordered S. 1148 favorably reported 
with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1148, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1148, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
incorporates several clarifying changes and modifies the 
appointment of commission members to address Constitutional 
concerns raised by the Department of Justice. The amendment is 
described in detail in the section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, the ``Hudson-Fulton-
Champlain Quadricentennial Commemoration Commission Act of 
2007.''
    Section 2 requires the two commissions established under 
this Act to coordinate with each other to ensure that the 
commemorations of Henry Hudson, Robert Fulton, and Samuel de 
Champlain are consistent with the plans of New York and Vermont 
State commemorative commissions.
    Section 3 defines key terms used in the bill.
    Section 4(a) establishes the Champlain Quadricentennial 
Commemoration Commission.
    Subsection (b) provides for the appointment of the 10 
commission members by the Secretary of the Interior.
    Subsection (c) sets for the duties of the commission, which 
include planning, developing, and executing programs and 
activities appropriate to commemorate the 400th anniversary of 
the voyage of Samuel de Champlain.
    Section 5(a) establishes the Hudson-Fulton 400th 
Commemoration Commission.
    Subsection (b) provides for the appointment of the 15 
commission members by the Secretary of the Interior.
    Subsection (c) sets forth the duties of the commission, 
which include planning, developing, and executing programs and 
activities appropriate to commemorate the 400th anniversary of 
the voyage of Henry Hudson and the 200th anniversary of the 
voyage of Robert Fulton.
    Section 6 addresses meeting requirements for both 
commissions.
    Subsection (a) requires each commission to meet within 30 
days after all members have been appointed.
    Subsection (b) requires each commission to meet at least 
twice each year or at the call of the Chairperson or a majority 
of the commission members.
    Subsection (c) provides that a majority of voting members 
shall constitute a quorum, but a lesser number may hold 
meetings.
    Subsection (d) states that each commission shall elect a 
Chairperson and a Vice Chairperson on an annual basis, and in 
the absence of the Chairperson, the Vice Chairperson shall 
chair the commission.
    Subsection (e) authorizes each commission to act only upon 
the affirmative vote of a majority of its voting members.
    Section 7 lists commission powers, and applies to both 
commissions.
    Subsection (a) authorizes each commission to solicit, 
accept, use, and dispose of gifts, bequests, devises, and other 
property to aid or facilitate the work of the commission.
    Subsection (b) allows each commission to appoint any 
advisory commission it determines necessary.
    Subsection (c) provides that each commission may authorize 
a member or employee of the commission to take any action the 
commission is authorized to take.
    Subsection (d) authorizes each commission to procure 
supplies, services, and property, and enter into contracts, 
leases, or other legal agreements, except that the commission 
may not purchase real property.
    Subsection (e) states that each commission may use the 
United States mail in the same manner and under the same 
conditions as other Federal agencies.
    Subsection (f) authorizes each commission to make grants 
not to exceed $20,000 to various listed entities.
    Subsection (g) authorizes each commission to provide 
technical assistance to States, localities, and non-profit 
organizations.
    Subsection (h) requires the Champlain Commission to 
coordinate and consult with the Lake Champlain Basin Program.
    Section 8 addresses commission personnel matters, and 
applies to both commissions.
    Subsection (a) provides that commission members shall serve 
without compensation. Officers or employees of the Federal 
government who serve as a commission member may not receive 
additional compensation for serving on the commission.
    Subsection (b) provides for the payment of per diem 
expenses for commission members while on official business.
    Subsection (c) authorizes each commission to appoint an 
Executive Director and hire such other personnel as are 
necessary without regard to the Civil Service laws.
    Subsection (d) allows each commission to fix compensation 
for the Executive Director and other staff without regard to 
the Federal rates of pay, except that no employee may be paid 
at a rate greater than the rate payable for level V of the 
Executive Service (currently $136,200).
    Subsection (e) authorizes Federal and State agencies to 
detail personnel to either commission on a reimbursable or non-
reimbursable basis.
    Subsection (f) authorizes each commission to accept and use 
voluntary services.
    Subsection (g) requires the Department of the Interior to 
provide administrative support services on a reimbursable 
basis.
    Subsection (h) waives section 14(b) of the Federal Advisory 
Committee Act, which requires approval of a charter.
    Section 9 requires each commission to submit a report to 
the Secretary of the Interior by September 30, 2010, 
summarizing the activities of the commission, providing a final 
accounting of funds, and including any findings and 
recommendations of the commission.
    Section 10(a) provides that both commissions shall 
terminate on December 31, 2010.
    Subsection (b) requires each commission to transfer all of 
its documents to the National Archives or other appropriate 
Federal entity prior to termination.
    Section 11 authorizes the appropriation of $500,000 for 
each of fiscal years 2008 through 2011 for each commission.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                                     July 30, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1148, the Hudson-
Fulton-Champlain Quadricentennial Commemoration Commission Act 
of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 1148--Hudson-Fulton-Champlain Quadricentennial Commemoration 
        Commission Act of 2007

    S. 1148 would establish the Champlain Quadricentennial 
Commemoration Commission and the Hudson-Fulton 400th 
Commemoration Commission. The first commission--consisting of 
10 members--would plan, develop, and execute programs and 
activities related to the 400th anniversary of the voyage of 
Samuel De Champlain. The second commission--consisting of 15 
members--would plan, develop, and execute programs and 
activities related to the 400th anniversary of the voyage of 
Henry Hudson and the 200th anniversary of the voyage of Robert 
Fulton.
    Each commission would have three years to report on its 
activities, findings, and recommendations. Members would serve 
without pay, but would be reimbursed for travel expenses. The 
legislation would allow the commissions to make grants to 
communities, nonprofit organizations, and other groups to 
commemorate and research the voyages. In addition, the 
commissions could hire staff, use personnel from other federal 
agencies or state governments, and rely on volunteers. Each 
commission would submit its final report in September 2010 and 
terminate in December 2010. To fund the costs of the 
commissions, the bill would authorize the appropriation of $1 
million ($500,000 per commission) annually over the 2008-2011 
period.
    Assuming the appropriation of the authorized amounts, CBO 
estimates that implementing S. 1148 would cost about $4 million 
over the 2008-2011 period. Because S. 1148 would authorize the 
commissions to accept and use gifts, the legislation could 
affect revenues and direct spending. CBO estimates that any 
revenues from contributions and subsequent direct spending 
would be less than $500,000 annually.
    S. 1148 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit the states of New York, New Jersey, and Vermont.
    On July 26, 2007, CBO transmitted a cost estimate for H.R. 
1520, the Hudson-Fulton-Champlain Quadricentennial 
Commemoration Act of 2007, as ordered reported by the House 
Committee on Oversight and Government Reform on July 19, 2007. 
The two bills are similar and the estimated costs are 
identical.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1148. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1148, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior at 
the July 12, 2007, Subcommittee hearing on S. 1148 follows:

    Statement of Katherine H. Stevenson, Acting Assistant Director, 
  Business Services, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
views of the Department of the Interior on S. 1148, a bill to 
provide for the establishment of the Champlain Quadricentennial 
Commemoration Commission and the Hudson-Fulton 400th 
Commemoration Commission.
    The Department supports this bill. The Department of 
Justice has advised us that it has constitutional concerns 
about certain appointment provisions in sections 102(b) and 
202(b) of the bill and will transmit amendments at a later date 
to resolve these concerns.
    S. 1148 provides for the establishment of two separate 
commissions to undertake activities celebrating the 
contributions of Samuel de Champlain, and those of Henry Hudson 
and Robert Fulton to the history of our nation. The French 
explorer, Samuel de Champlain, was the first European to 
discover and explore what is now called Lake Champlain in 1609. 
Henry Hudson, as the master of the vessel Half Moon, was the 
first European to sail up the river that now bears his name, 
also in 1609. In 1807, Robert Fulton navigated up the same 
river between New York City and Albany in the steamboat 
Claremont, revolutionizing the method of waterborne 
transportation and influencing forever commerce, the world's 
navies, and transoceanic travel and trade.
    Title I would establish the Champlain Quadricentennial 
Commemoration Commission, composed of 11 members, who would be 
appointed by the Secretary of the Interior. Four of the members 
would be from among individuals serving on the Hudson-Fulton-
Champlain Commission of the State of New York and residents of 
the Champlain Valley, and four members would be from among 
individuals serving on the Champlain Quadricentennial 
Commission of the State of Vermont and residents of Vermont.
    Title II would establish the Hudson-Fulton 400th 
Commemoration Commission, composed of 16 members, would be 
appointed by the Secretary, six of whom would be after 
consideration of nominations from members of the House of 
Representatives whose districts encompass the Hudson River 
Valley, two after consideration of nominations submitted by 
members of the U.S. Senate from the State of New York, and two 
after consideration of the recommendations of the Mayor of the 
City of New York and consultation with members of the House of 
Representatives whose districts encompass the City of New York.
    The duties of the respective Commissions are to plan, 
develop, and execute appropriate commemorative actions, 
coordinate with federal and state entities, promote scholarly 
research, and encourage a wide range of organizations to 
participate in activities and expand understanding and 
appreciation of the significance of the voyages of these three 
men. They are granted broad powers to accomplish these tasks. 
Both are also to coordinate their respective efforts with each 
other to ensure that the commemorations conducted pursuant to 
the legislation are consistent with the plans of the 
commemorative commissions established by the States of New York 
and Vermont.
    The bill provides annual funding authorizations of $500,000 
for each commission to be available until expended. Specific 
allocations of funds to be expended by the commissions are also 
included. The Champlain Commission's authorized appropriations 
between fiscal years 2008 and 2011 shall be expended with 45% 
going to activities in New York; 45% for activities in Vermont; 
and 10% for other activities in accordance with purposes of the 
legislation. The Commission will terminate on December 31, 
2010. The Hudson-Fulton Commission's authorized appropriations, 
also between fiscal year 2008 and 2011, shall be expended with 
80% for activities in the Hudson River Valley; 10% for 
activities in the City of New York; and 10% for other 
activities in accordance with the purposes of the legislation. 
This Commission will also terminate on December 31, 2010.
    Both commissions are authorized to solicit, accept, use, 
and dispose of gifts, bequests, or devises of real money or 
other real or personal property for use in aiding or 
facilitating their work. Both are also authorized to appoint 
advisory committees as they determine necessary for carrying 
out the purposes of the legislation.
    Back in the 108th Congress, the Department testified on a 
similar bill to establish the Hudson-Fulton-Champlain 
Commission. During that hearing, the Department raised three 
concerns we had with the bill. First, we were concerned about 
size of the commission that numbered 31 members. Second, we 
recommended that the bill clearly state that the commission was 
authorized to accept monetary donations to accomplish its 
purposes. And third, we recommended that the authorization of 
appropriations to the commission be capped. S. 1148 integrates 
all three of our recommended amendments.
    The persons and events associated with the explorations of 
Lake Champlain and the Hudson River, and the inauguration of 
steam powered water-borne transportation form significant 
elements in our nation's history. As we commemorate the 
contributions of Samuel de Champlain, Henry Hudson and Robert 
Fulton, citizens of the United States and those abroad will 
come to have a better understanding of their impacts on early 
exploration, navigation, our national heritage, and the 
development of the United States.
    Mr. Chairman, this concludes my testimony. I would be 
pleased to answer any questions you or other members of the 
committee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 1148, as 
ordered reported.