Sec. 804. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR COMMISSION

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## SEC. 804 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 at least 21 members, but not more than 27 members as follows: ####

(1)The Secretary of the Interior, ex officio or the Secretary’s designee. ####

(2)Seven members, appointed by the Secretary after consideration of recommendations submitted by the Governor and other appropriate officials, with knowledge and experience of the following agencies or those agencies’ successors: The New York State Secretary of State, 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 New York State Canal Corporation, and the Empire State Development Corporation. ####

(3)The remaining 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 Secretary as follows: #####

(A)Two members based on a recommendation from each United States Senator from New York State. #####

(B)Six members who shall be residents of any county constituting the Corridor. #####

(C)The remaining members shall be— ######

(i)appointed by the Secretary, based on recommendations from each member of the House of Representatives, the district of which encompasses the Corridor; and ######

(ii)persons that are residents of, or employed within, the applicable congressional districts. ###

(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, six shall be for a term of 1 year, six shall be for a term of 2 years, and seven 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.—A majority of the serving Commissioners 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 a majority of the serving Commissioners. Notice of Commission meetings and agendas for the meeting 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)#####

(A)to appoint any staff that may be necessary to carry out the duties of the Commission, subject to the provisions of title 5, United States Code, relating to appointments in the competitive service; and #####

(B)to fix the compensation of the staff, in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to the classification of positions and General Schedule pay rates; ####

(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 section 804(h)(1), the Commission may not acquire any real property or interest in real property. ###

(j)Termination The Commission shall terminate on September 30, 2037.