[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1586 Referred in House (RFH)]

103d CONGRESS
  2d Session
                                S. 1586


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 1994

             Referred to the Committee on Natural Resources

_______________________________________________________________________

                                 AN ACT


 
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 1994''.

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 to preserve the origins, early 
history, development and progression 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 in 
conjunction with 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.
            (3)(A) Sites designated by the Secretary as provided in 
        subparagraph (B).
            (B)(i) No later than 18 months after the date of enactment 
        of this Act, the Secretary is directed to complete 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 owners of such 
        sites, the city of New Orleans, the Smithsonian Institution, 
        and the New Orleans Jazz 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)(1) 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); 
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). 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.
    (2) To minimize operational costs associated with the management 
and administration of the historical park and to avoid duplication of 
effort, the Secretary shall, to the maximum extent practicable, utilize 
the facilities, administrative staff and other services of the Jean 
Lafitte National Historical Park and Preserve.
    (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 construct, 
operate, and maintain an interpretive center in the historical park on 
lands identified by the Secretary pursuant to section 3(b)(1). Programs 
at the center shall include, but need not be limited to, 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 rehabilitating, restoring, marking, 
        and interpreting and may 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 New Orleans 
        Jazz 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 or long term lease: 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 OF 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 17 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 from recommendations submitted by the Mayor 
        of New Orleans.
            (2) Two members who have recognized expertise in music 
        education programs that emphasize jazz.
            (3) One member, with experience in and knowledge of tourism 
        in the greater New Orleans area, from recommendations submitted 
        by local businesses.
            (4) One member from recommendations submitted by the Board 
        of the New Orleans Jazz and Heritage Foundation.
            (5) One member, with experience in and knowledge of 
        historic preservation within the New Orleans area.
            (6) Two members, one from recommendations submitted by the 
        Secretary of the Smithsonian Institution and one member from 
        recommendations submitted by the Chairman of the National 
        Endowment of the Arts, who are recognized musicians with 
        knowledge and experience in the development of jazz in New 
        Orleans.
            (7) Two members, one from recommendations submitted by the 
        Secretary of the Smithsonian Institution and one member from 
        recommendations submitted by the Director of the Louisiana 
        State Museum with recognized expertise in the interpretation of 
        jazz history or traditions related to jazz in New Orleans.
            (8) Two members who represent local neighborhood groups or 
        other local associations; from recommendations submitted by the 
        Mayor of New Orleans.
            (9) One member representing local mutual aid and benevolent 
        societies as well as local social and pleasure clubs, from 
        recommendations submitted by the Board of the New Orleans Jazz 
        and Heritage Foundation.
            (10) One member from recommendations submitted by the 
        Governor of the State of Louisiana, who shall be a member of 
        the Louisiana State Music Commission.
            (11) One member representing the New Orleans Jazz Club from 
        recommendations submitted by the club.
            (12) One member who is a recognized local expert on the 
        history, development and progression of jazz in New Orleans and 
        is familiar with existing archival materials from 
        recommendations submitted by the Librarian of Congress.
            (13) 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 agreement;
            (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, social and pleasure clubs and other 
        traditional groups in encouraging the continuation of and 
        enhancement of jazz cultural traditions;
            (4) acquire or lease property for jazz education, and 
        advise 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.
    (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.

            Passed the Senate April 12 (legislative day, April 11), 
      1994.

            Attest:

                                             WALTER J. STEWART,

                                                             Secretary.