[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1586 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1586

To establish the New Orleans Jazz National Historical Park in the State 
                 of Louisiana; and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 26 (legislative day, October 13), 1993

  Mr. Johnston (for himself and Mr. Breaux) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the New Orleans Jazz National Historical Park in the State 
                 of Louisiana; 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.

    This Act may be cited as the ``New Orleans Jazz National Historical 
Park Act of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) jazz is the United States' most widely recognized 
        indigenous music and art form. Congress previously recognized 
        jazz in 1987 through Senate Concurrent Resolution 57 as a rare 
        and valuable national treasure of international importance.
            (2) the city of New Orleans is widely recognized as the 
        birthplace of jazz. In and around this city, cultural and 
        musical elements blended to form the unique American music that 
        is known as New Orleans jazz, which is an expression of the 
        cultural diversity of the lower Mississippi Delta Region.
            (3) Jean Lafitte National Historical Park and Preserve was 
        established to commemorate the cultural diversity of the lower 
        Mississippi Delta Region including a range of cultural 
        expressions like jazz.
    (b) Purpose.--In furtherance of the need to recognize the value and 
importance of jazz, it is the purpose of this Act to establish a New 
Orleans Jazz National Historical Park, together with associated 
educational programs, as a unit of the Jean Lafitte National Historical 
Park and Preserve which is headquartered in New Orleans, Louisiana. The 
historical park shall preserve the origins and early history of jazz; 
provide visitors with opportunities to experience the sights, sounds, 
and places where jazz evolved; and implement innovative ways of 
establishing jazz educational partnerships that will help to ensure 
that jazz continues as a vital element of the culture of New Orleans 
and our Nation.

SEC. 3. ESTABLISHMENT.

    (a) In General.--In order to assist in the preservation, education, 
and interpretation of jazz as it has evolved in New Orleans, and to 
provide technical assistance to a broad range of organizations involved 
with jazz music and its history, there is hereby established the New 
Orleans Jazz National Historical Park (hereinafter referred to as the 
``historical park''). The historical park shall be administered and 
managed as a unit of the Jean Lafitte National Historical Park and 
Preserve, which was established to preserve and interpret the cultural 
and natural resources of the lower Mississippi Delta Region.
    (b) Area Included.--The historical park shall consist of lands and 
interests therein as follows:
            (1) lands which the Secretary of the Interior (hereinafter 
        referred to as ``the Secretary'') may designate for an 
        interpretive visitor center complex;
            (2) sites that are the subject of cooperative agreements 
        with the National Park Service for the purposes of interpretive 
        demonstrations and programs associated with the purposes of 
        this Act; and
            (3)(A) sites designated by the Secretary as provided in 
        subparagraph (B).
            (B)(i) The Secretary is directed to undertake a national 
        historic landmark evaluation of sites associated with jazz in 
        and around New Orleans as identified in the document entitled 
        ``New Orleans Jazz Special Resource Study'', prepared by the 
        National Park Service pursuant to Public Law 101-499. In 
        undertaking the evaluation, the Secretary shall, to the extent 
        practicable, utilize existing information relating to such 
        sites.
            (ii) If any of the sites evaluated are found to meet the 
        standards of the National Historic Landmark program and 
        National Park Service tests of suitability and feasibility, and 
        offer outstanding opportunities to further the purposes of this 
        Act, the Secretary may designate such sites as part of the 
        historical park, following consultation with the city of New 
        Orleans, the Smithsonian Institution, and the Delta Region 
        Preservation Commission, and notification to the Committee on 
        Energy and Natural Resources of the United States Senate and 
        the Committee on Natural Resources of the United States House 
        of Representatives.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the historical park 
in accordance with this Act and with provisions of law generally 
applicable to units of the National Park System, including the Act 
entitled ``An Act to establish a National Park Service, and for other 
purposes,'' approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4); 
the Act of August 21, 1935 (49 Stat. 666, 16 U.S.C. 461-467); and title 
IX of Public Law 95-625, the enabling Act for Jean Lafitte National 
Historical Park and Preserve, as amended (16 U.S.C. 230). The Secretary 
shall manage the historical park in such a manner as will preserve and 
perpetuate knowledge and understanding of the history of jazz and its 
continued evolution as a true American art form.
    (b) Donations.--The Secretary may accept and retain donations of 
funds, property, or services from individuals, foundations, 
corporations, or other public entities for the purposes of providing 
services, programs, and facilities that further the purposes of this 
Act.
    (c) Interpretive Center.--The Secretary is authorized to lease, 
construct, operate, or maintain an interpretive center in New Orleans. 
Programs at the center may include live jazz interpretive and 
educational programs, and shall provide visitors with information about 
jazz-related programs, performances, and opportunities.
    (d) Jazz Heritage Districts.--The Secretary may provide technical 
assistance to the city of New Orleans and other appropriate entities 
for the designation of certain areas in and around New Orleans as jazz 
heritage districts. Such districts shall include those areas with an 
exceptional concentration of jazz historical sites and established 
community traditions of jazz street parades.
    (e) Cooperative Agreements, Grants, and Technical Assistance.--In 
furtherance of the purposes of this Act--
            (1) the Secretary, after consultation with the New Orleans 
        Jazz Commission established pursuant to section 7, is 
        authorized to enter into cooperative agreements with owners of 
        properties that are designated pursuant to section 3(b)(3) 
        which provide outstanding educational and interpretive 
        opportunities relating to the evolution of jazz in New Orleans. 
        The Secretary may assist in the rehabilitation and restoration 
        of, mark, interpret, and provide technical assistance for the 
        preservation and interpretation of such properties. Such 
        agreements shall contain, but need not be limited to, 
        provisions that the National Park Service will have reasonable 
        rights of access for operational and visitor use needs, that 
        rehabilitation and restoration will meet the Secretary's 
        standards for rehabilitation of historic buildings, and that 
        specify the roles and responsibilities of the Secretary for 
        each site or structure;
            (2) the Secretary is authorized to enter into cooperative 
        agreements with the city of New Orleans, the State of 
        Louisiana, and other appropriate public and private 
        organizations under which the other parties to the agreement 
        may contribute to the acquisition, construction, operation, and 
        maintenance of the interpretive center and to the operation of 
        educational and interpretive programs to further the purposes 
        of this Act; and
            (3) the Secretary, in consultation with the Commission, is 
        authorized to provide grants or technical assistance to public 
        and private organizations.
    (f) Jazz Educational Programs.--The Secretary shall, in the 
administration of the historical park, promote a broad range of 
educational activities relating to jazz and its history. The Secretary 
shall cooperate with schools, universities, and organizations 
supporting jazz education to develop educational programs that provide 
expanded public understanding of jazz and enhanced opportunities for 
public appreciation. The Secretary may assist appropriate entities in 
the development of an information base including archival material, 
audiovisual records, and objects that relate to the history of jazz.

SEC. 5. ACQUISITION OF PROPERTY.

    (a) General Authority.--The Secretary may acquire lands and 
interests therein within the sites designated pursuant to section 3(b) 
(1) and (3) by donation or purchase with donated or appropriated funds: 
Provided, That sites designated pursuant to section 3(b)(3) shall only 
be acquired with the consent of the owner thereof.
    (b) State and Local Properties.--Lands and interests in lands which 
are owned by the State of Louisiana, or any political subdivision 
thereof, may be acquired only by donation.

SEC. 6. GENERAL MANAGEMENT PLAN.

    Within 3 years after the date funds are made available therefor and 
concurrent with the national landmark study referenced in section 
3(b)(3), the Secretary, in consultation with the New Orleans Jazz 
Commission, shall prepare a general management plan for the historical 
park. The plan shall include, but need not be limited to--
            (1) a visitor use plan indicating programs and facilities 
        associated with park programs that will be made available to 
        the public;
            (2) preservation and use plans for any structures and sites 
        that are identified through the historic landmark study for 
        inclusion within the historical park;
            (3) the location and associated cost of public facilities 
        that are proposed for inclusion within the historical park, 
        including a visitor center;
            (4) identification of programs that the Secretary will 
        implement or be associated with through cooperative agreements 
        with other groups and organizations;
            (5) a transportation plan that addresses visitor use access 
        needs to sites, facilities, and programs central to the purpose 
        of the historical park;
            (6) plans for the implementation of an archival system for 
        materials, objects, and items of importance relating to the 
        history of jazz; and
            (7) guidelines for the application of cooperative 
        agreements that will be used to assist in the management of 
        historical park facilities and programs.

SEC. 7. ESTABLISHMENT TO THE NEW ORLEANS JAZZ COMMISSION.

    (a) Establishment.--To assist in implementing the purposes of this 
Act and the document entitled ``New Orleans Jazz Special Resource 
Study,'' there is established the New Orleans Jazz Commission 
(hereinafter referred to as the ``Commission'').
    (b) Membership.--The Commission shall consist of 15 members to be 
appointed no later than 6 months after the date of enactment of this 
Act. The Commission shall be appointed by the Secretary as follows:
            (1) one member recommended by the Mayor of New Orleans;
            (2) two members who have recognized experience in music 
        education programs that emphasize jazz;
            (3) one member, with experience and knowledge of tourism in 
        the greater New Orleans area, from recommendations submitted by 
        local businesses;
            (4) one member recommended by the Board of the New Orleans 
        Jazz and Heritage Foundation;
            (5) one member, with experience and knowledge of historic 
        preservation within the New Orleans area;
            (6) two members who are recognized musicians with knowledge 
        and experience in the development of jazz in New Orleans;
            (7) one member with recognized expertise in jazz and 
        folklore preservation and interpretation, recommended by the 
        Director of the Louisiana State Museum;
            (8) two members who represent local neighborhood groups or 
        other local associations, recommended by the Mayor of New 
        Orleans;
            (9) one member representing local social and pleasure 
        clubs, recommended by the Mayor of New Orleans;
            (10) one member recommended by the Governor of the State of 
        Louisiana, who shall be a member of the Louisiana State Music 
        Commission;
            (11) the Chairman of the Delta Regional Preservation 
        Commission, ex officio; and
            (12) the Director of the National Park Service, or the 
        Director's designee, ex officio.
    (c) Duties of the Commission.--The Commission shall--
            (1) advise the Secretary in the preparation of the general 
        management plan for the historical park; assist in public 
        discussions of planning proposals; and assist the National Park 
        Service in working with individuals, groups, and organizations 
        including economic and business interests in determining 
        programs in which the Secretary should participate through 
        cooperative agreements;
            (2) in consultation and cooperation with the Secretary, 
        develop partnerships with educational groups, schools, 
        universities, and other groups to furtherance of the purposes 
        of this Act;
            (3) in consultation and cooperation with the Secretary, 
        develop partnerships with city-wide organizations, and raise 
        and disperse funds for programs that assist mutual aid and 
        benevolent societies in encouraging the continuation of and 
        enhancement of jazz cultural traditions;
            (4) acquire or lease property for jazz education, and 
        advising on hiring brass bands and musical groups to 
        participate in education programs and help train young 
        musicians;
            (5) in consultation and cooperation with the Secretary, 
        provide recommendations for the location of the visitor center 
        and other interpretive sites;
            (6) assist the Secretary in providing funds to support 
        research on the origins and early history of jazz in New 
        Orleans; and
            (7) notwithstanding any other provision of law, seek and 
        accept donations of funds, property, or services from 
        individuals, foundations, corporations, or other public or 
        private entities and expend and use the same for the purposes 
        of providing services, programs, and facilities for jazz 
        education, or assisting in the rehabilitation and restoration 
        of structures identified in the national historic landmark 
        study referenced in section 3(b)(3) as having outstanding 
        significance to the history of jazz in New Orleans.
    (d) Appointment.--Members of the Commission shall be appointed for 
staggered terms of 3 years, as designated by the Secretary at the time 
of the initial appointment.
    (e) Chairman.--The Commission shall elect a chairman from among its 
members. The term of the chairman shall be for 3 years. The Chairman of 
the Commission shall serve as an ex-officio member of the Delta 
Regional Preservation Commission.
    (f) Terms.--Any member of the Commission appointed by the Secretary 
for a 3-year term may serve after the expiration of his or her term 
until a successor is appointed. Any vacancy shall be filled in the same 
manner in which the original appointment was made. Any member appointed 
to fill a vacancy shall serve for the remainder of the term for which 
the predecessor was appointed.
    (g) Per Diem Expenses.--Members of the Commission shall serve 
without compensation. Members shall be entitled to travel expenses 
under section 5703, title 5, United States Code, when engaged in 
Commission business, including per diem in lieu of subsistence in the 
same manner as persons employed intermittently.
    (h) Administrative Support.--The Secretary shall provide the 
Commission with assistance in obtaining such personnel, equipment, and 
facilities as may be needed by the Commission to carry out its duties.
    (i) Annual Report.--The Commission shall submit an annual report to 
the Secretary identifying its expenses and income and the entities to 
which any grants or technical assistance were made during the year for 
which the report is made.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.

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