[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1980 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1980

  To establish the Cane River Creole National Historical Park and the 
 Cane River National Heritage Area in the State of Louisiana, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             March 24 (legislative day, February 22), 1994

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

_______________________________________________________________________

                                 A BILL


 
  To establish the Cane River Creole National Historical Park and the 
 Cane River National Heritage Area 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 ``Cane River Creole National 
Historical Park and National Heritage Area Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) the Natchitoches area along Cane River, established in 
        1714, is the oldest permanent settlement in the Louisiana 
        Purchase territory;
            (2) the Cane River area is the locale of the development of 
        Creole culture, from French-Spanish interactions of the early 
        18th century to today's living communities;
            (3) the Cane River, historically a segment of the Red 
        River, provided the focal point for early settlement, serving 
        as a transportation route upon which commerce and communication 
        reached all parts of the colony;
            (4) although a number of Creole structures, sites, and 
        landscapes exist in Louisiana and elsewhere, unlike the Cane 
        River area, most are isolated examples, and lack original 
        outbuilding complexes or integrity;
            (5) the Cane River area includes a great variety of 
        historical features with original elements in both rural and 
        urban settings and a cultural landscape that represents various 
        aspects of Creole culture, providing the base for a holistic 
        approach to understanding the broad continuum of history within 
        the region;
            (6) the Cane River region includes the Natchitoches 
        National Historic Landmark District, composed of approximately 
        300 publicly and privately owned properties, four other 
        national historic landmarks, and other structures and sites 
        that may meet criteria for landmark significance following 
        further study;
            (7) historic preservation within the Cane River area has 
        greatly benefitted from individuals and organizations that have 
        strived to protect their heritage and educate others about 
        their rich history; and
            (8) because of the complexity and magnitude of preservation 
        needs in the Cane River area, and the vital need for a 
        culturally sensitive approach, a partnership approach is 
        desirable for addressing the many preservation and educational 
        needs.
    (b) Purpose.--The purposes of this Act are to--
            (1) recognize the importance of the Cane River Creole 
        culture as a nationally significant element of the cultural 
        heritage of the United States;
            (2) establish a Cane River Creole National Historical Park 
        to serve as the focus of interpretive and educational programs 
        on the history of the Cane River area and to assist in the 
        preservation of certain historic sites along the river; and
            (3) establish a Cane River National Heritage Area and 
        Commission to be undertaken in partnership with the State of 
        Louisiana, the City of Natchitoches, local communities and 
        settlements of the Cane River area, preservation organizations, 
        and private landowners, with full recognition that programs 
        must fully involve the local communities and landowners.

              TITLE I--CANE RIVER NATIONAL HISTORICAL PARK

SEC. 101. ESTABLISHMENT.

    (a) In General.--In order to assist in the preservation and 
interpretation of, and education concerning, the Creole culture and 
diverse history of the Natchitoches region, and to provide technical 
assistance to a broad range of public and private landowners and 
preservation organizations, there is hereby established the Cane River 
Creole National Historical Park (hereinafter in this Act referred to as 
the ``historical park'').
    (b) Area Included.--The historical park shall consist of lands and 
interests therein as follows:
            (1) Lands and structures associated with the Oakland 
        Plantation as depicted on map CARI, 80,002, dated January 1994.
            (2) Lands and structures owned or acquired by Museum 
        Contents, Inc. as depicted on map CARI, 80,001, dated January 
        1994.
            (3) Sites that may be the subject of cooperative agreements 
        with the National Park Service for the purposes of historic 
        preservation and interpretation including, but not limited to, 
        the Melrose Plantation, the Badin-Roque site, the Cherokee 
        Plantation, the Beau Fort Plantation, and sites within the 
        Natchitoches National Historical Landmark District: Provided, 
        That such sites may not be added to the historical park unless 
        the Secretary of the Interior (hereinafter referred to as the 
        ``Secretary'') determines, based on further research and 
        planning, that such sites meet the applicable criteria for 
        national historical significance, suitability, and feasibility, 
        and notification of the proposed addition has been transmitted 
        to the Committee on Energy and Natural Resources of the United 
        States Senate and the appropriate committees of the House of 
        Representatives.
            (4) Not to exceed 10 acres of land that the Secretary may 
        designate for an interpretive visitor center complex to serve 
        the needs of the historical park and heritage area established 
        in title II of this Act.

SEC. 102. 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); 
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 resources and cultural landscapes relating to the Creole 
culture of the Cane River and enhance public understanding of the 
important cultural heritage of the Cane River region.
    (b) Donations.--The Secretary may accept and retain donations of 
funds, property, or services for individuals, foundations, or other 
public or private entities for the purposes of providing programs, 
services, facilities, or technical assistance that further the purposes 
of this Act.
    (c) Interpretive Center.--The Secretary is authorized to construct, 
operate, and maintain an interpretive center on lands identified by the 
Secretary pursuant to section 101(b)(4) of this title. Such center 
shall provide for the general information and orientation needs of the 
historical park and the heritage area. The Secretary shall consult with 
the State of Louisiana, the City of Natchitoches, the Association for 
the Preservation of Historic Natchitoches, and the Cane River National 
Heritage Area Commission pursuant to section 202 of this Act in the 
planning and development of the interpretive center.
    (d) Cooperative Agreements and Technical Assistance.--(1) The 
Secretary, after consultation with the Cane River National Heritage 
Area Commission established pursuant to section 202 of this Act, is 
authorized to enter into cooperative agreements with owners of 
properties within the heritage area and owners of properties within the 
historical park that provide important educational and interpretive 
opportunities relating to the heritage of the Cane River region. The 
Secretary may also enter into cooperative agreements for the purpose of 
facilitating the preservation of important historic sites and 
structures identified in the historical park's general management plan 
or other heritage elements related to the heritage of the Cane River 
region. Such cooperative agreements shall specify that the National 
Park Service shall have reasonable rights of access for operational and 
visitor use needs and that preservation treatments will meet the 
Secretary's standards for rehabilitation of historic buildings.
    (2) The Secretary is authorized to enter into cooperative 
agreements with the City of Natchitoches, the State of Louisiana, and 
other public or private organizations for the development of the 
interpretive center, educational programs, and other materials that 
will facilitate public use of the historical park and heritage area.
    (e) Research.--The Secretary, acting through the National Park 
Service, shall coordinate a comprehensive research program on the 
complex history of the Cane River region, including ethnography studies 
of the living communities along the Cane River, and how past and 
present generations have adapted to their environment, including 
genealogical studies of families within the Cane River area. Research 
shall include, but not be limited to, the extensive primary historic 
documents within the Natchitoches and Cane River areas, and curation 
methods for their care and exhibition. The research program shall be 
coordinated with Northwestern State University of Louisiana, and the 
National Center for Preservation Technology and Training in 
Natchitoches.

SEC. 103. ACQUISITION OF PROPERTY.

    (a) General Authority.--Except as otherwise provided in this 
section, the Secretary is authorized to acquire lands and interests 
therein within the boundaries of the historical park by donation, 
purchase with donated or appropriated funds, or exchange.
    (b) State and Local Properties.--Lands and interests therein that 
are owned by the State of Louisiana, or any political subdivision 
thereof, may be acquired only by donation or exchange.
    (c) Museum Contents, Inc.--Lands and structures identified in 
section 101(b)(2) may be acquired only by donation.
    (d) Cooperative Agreement Sites.--Lands and interests therein that 
are the subject of cooperative agreements pursuant to section 101(b)(3) 
shall not be acquired except with the consent of the owner thereof.

SEC. 104. GENERAL MANAGEMENT PLAN.

    Within 3 years after the date funds are made available therefor and 
in consultation with the Cane River Heritage Area Commission, the 
National Park Service 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 
        that will be provided for public use, including the location 
        and cost of an interpretive center;
            (2) programs and management actions that the National Park 
        Service will undertake cooperatively with the heritage area 
        commission, including preservation treatments for important 
        sites, structures, objects, and research materials. Planning 
        shall address educational media, roadway signing, and brochures 
        that could be prepared jointly with the Commission pursuant to 
        section 203 of this Act; and
            (3) preservation and use plans for any sites and structures 
        that are identified for National Park Service involvement 
        through cooperative agreements.

              TITLE II--CANE RIVER NATIONAL HERITAGE AREA.

SEC. 201. ESTABLISHMENT OF THE CANE RIVER NATIONAL HERITAGE AREA.

    (a) Establishment.--There is hereby established the Cane River 
National Heritage Area (hereinafter referred to as the ``heritage 
area'').
    (b) Purpose.--In furtherance of the need to recognize the value and 
importance of the Cane River region and in recognition of the findings 
of section 2(a) of this Act, it is the purpose of this title to 
establish a heritage area to complement the historical park and to 
provide for a culturally sensitive approach to the preservation of the 
heritage of the Cane River region, and for other needs including--
            (1) recognizing areas important to the Nation's heritage 
        and identity;
            (2) assisting in the preservation and enhancement of the 
        cultural landscape and traditions of the Cane River region;
            (3) providing a framework for those who live within this 
        important dynamic cultural landscape to assist in preservation 
        and educational actions; and
            (4) minimizing the need for Federal land acquisition and 
        management.
    (c) Area Included.--The heritage area shall include--
            (1) an area approximately 1 mile on both sides of the Cane 
        River as depicted on map CARI, 80,000, dated January 1994;
            (2) the Natchitoches National Historical Landmark District;
            (3) the Los Adaes State Commemorative Area;
            (4) the Fort Jesup State Commemorative Area;
            (5) the Fort St. Jean Baptiste State Commemorative Area; 
        and
            (6) the Kate Chopin House.
A final identification of all areas and sites to be included in the 
heritage area shall be included in the heritage area management plan as 
required in section 203 of this title.

SEC. 202. CANE RIVER NATIONAL HERITAGE AREA COMMISSION.

    (a) Establishment.--To assist in implementing the purposes of this 
Act and to provide guidance for the management of the heritage area, 
there is established the Cane River National Heritage Area Commission 
(hereinafter referred to as the ``Commission'').
    (b) Membership.--The Commission shall consist of 16 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 Natchitoches;
            (2) one member from recommendations submitted by the 
        Association for the Preservation of Historic Natchitoches;
            (3) one member from recommendations submitted by the 
        Natchitoches Historic Foundation, Inc.;
            (4) one member with experience in and knowledge of tourism 
        in the greater Cane River region, from recommendations 
        submitted by local businesses;
            (5) one member from recommendations submitted by the 
        Governor of the State of Louisiana;
            (6) one member from recommendations submitted by the Police 
        Jury of Natchitoches Parish;
            (7) one member from recommendations submitted by the 
        Concerned Citizens of Cloutierville;
            (8) one member from recommendations submitted by the St. 
        Augustine Historical Society;
            (9) one member from recommendations submitted by the Black 
        Heritage Committee;
            (10) one member from recommendations submitted by the Los 
        Adaes/Robeline Community;
            (11) one member from recommendations submitted by the 
        Natchitoches Historic District Commission;
            (12) one member from recommendations submitted by the Cane 
        River Waterway Commission;
            (13) one member who is a landowner along the Cane River;
            (14) one member with experience and knowledge of historic 
        preservation from recommendations submitted by Museum Contents, 
        Inc.;
            (15) one member with experience and knowledge of historic 
        preservation from recommendations submitted by the President of 
        Northwestern State University of Louisiana; and
            (16) the director of the National Park Service, or the 
        Director's designee, ex officio.
    (c) Duties of the Commission.--The Commission shall--
            (1) prepare a management plan for the heritage area in 
        consultation with the National Park Service, the State of 
        Louisiana, the City of Natchitoches, Natchitoches Parish, 
        interested groups, property owners, and the public;
            (2) consult with the Secretary on the preparation of the 
        general management plan for the historical park;
            (3) develop partnerships with property owners, preservation 
        groups, educational groups, the State of Louisiana, the City of 
        Natchitoches, universities, and tourism groups, and other 
        groups to furtherance of the purposes of this Act; and
            (4) identify appropriate entities, such as a non-profit 
        corporation, that could be established to assume the 
        responsibilities of the Commission following its termination.
    (d) Powers of the Commission.--In furtherance of the purposes of 
this Act, the Commission is authorized to--
            (1) procure temporary and intermittent services to the same 
        extent that is authorized by section 3109(b) of title 5, United 
        States Code, but at rates determined by the Commission to be 
        reasonable;
            (2) accept the services of personnel detailed from the 
        State of Louisiana or any political subdivision thereof, and 
        may reimburse the State or political subdivision for such 
        services;
            (3) upon the request of the Commission, the head of any 
        Federal agency may detail, on a reimbursable basis, any of the 
        personnel of such agency to the Commission to assist the 
        Commission in carrying out its duties;
            (4) appoint and fix the compensation of such staff as may 
        be necessary to carry out its duties. Staff shall be appointed 
        subject to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and shall be 
        paid in accordance with the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates;
            (5) enter into cooperative agreements and leases with 
        public or private individuals or entities for research, 
        historic preservation, and education purposes;
            (6) make grants to assist in the preparation of studies 
        that identify, preserve, and plan for the management of the 
        heritage area;
            (7) notwithstanding any other provision of law, seek and 
        accept donations of funds or services from individuals, 
        foundations, or other public or private entities and expend the 
        same for the purposes of providing services and programs in 
        furtherance of the purposes of this Act;
            (8) assist others in developing educational, informational, 
        and interpretive programs and facilities;
            (9) hold such hearings, sit and act at such times and 
        places, take such testimony, and receive such evidence, as the 
        Commission may consider appropriate; and
            (10) use the United States mails in the same manner and 
        under the same conditions as other departments or agencies of 
        the United States.
    (e) Compensation.--Members of the Commission shall receive no 
compensation for their service on the Commission. While away from their 
homes or regular places of business in the performance of services for 
the Commission, members shall be allowed travel expenses, including per 
diem in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703 of title 5, United States Code.
    (f) Chairman.--The Commission shall elect a chairman from among its 
members. The term of the chairman shall be for 3 years.
    (g) Terms.--The terms of Commission members shall be for 3 years. 
Any member of the Commission appointed by the Secretary for a 3-year 
term may serve after 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.
    (h) Annual Reports.--The Commission shall submit an annual report 
to the Secretary identifying its expenses and any income, the entities 
to which any grants or technical assistance were made during the year 
for which the report is made, and actions that are planned for the 
following year.

SEC. 203. DUTIES OF THE HERITAGE AREA COMMISSION

    (a) Preparation of Plan.--Within 3 years after the Commission 
conducts its first meeting, it shall prepare and submit a heritage area 
management plan to the Governor of the State of Louisiana. The Governor 
shall, if the Governor approves the plan, submit it to the Secretary 
for review and approval. The Secretary shall provide technical 
assistance to the Commission in the preparation and implementation of 
the plan, in concert with actions by the National Park Service to 
prepare a general management plan for the historical park. The plan 
shall consider local government plans and shall present a unified 
heritage preservation and education plan for the heritage area. The 
plan shall include, but not be limited to--
            (1) an inventory of important properties and cultural 
        landscapes that should be preserved, managed, developed, and 
        maintained because of their cultural, natural, and public use 
        significance;
            (2) an analysis of current land uses within the area and 
        how they affect the goals of preservation and public use of the 
        heritage area;
            (3) an interpretive plan to address the cultural and 
        natural history of the area, and actions to enhance visitor 
        use. This element of the plan shall be undertaken in 
        consultation with the National Park Service and visitor use 
        plans for the national historical park;
            (4) recommendations for coordinating actions by local, 
        State, and Federal governments within the heritage area, to 
        further the purposes of this Act; and
            (5) an implementation program for the plan including 
        desired actions by State and local governments and other 
        involved groups and entities.
    (b) Approval of the Plan.--The Secretary shall approve or 
disapprove the plan within 90 days after receipt of the plan from the 
Commission. The Commission shall notify the Secretary of the status of 
approval by the Governor of Louisiana when the plan is submitted for 
review and approval. In determining whether or not to approve the plan 
the Secretary shall consider--
            (1) whether the Commission has afforded adequate 
        opportunity, including public meetings and hearings, for public 
        and governmental involvement in the preparation of the plan; 
        and
            (2) whether reasonable assurances have been received from 
        the State and local governments that the plan is supported and 
        that the implementation program is feasible.
    (c) Disapproval of the Plan.--If the Secretary disapproves the 
plan, he shall advise the Commission in writing of the reasons for 
disapproval, and shall provide recommendations and assistance in the 
revision of the plan. Following completion of any revisions to the 
plan, the Commission shall resubmit the plan to the Governor of 
Louisiana for approval, and to the Secretary, who shall approve or 
disapprove the plan within 90 days after the date that the plan is 
revised.

SEC. 204. TERMINATION OF HERITAGE AREA COMMISSION.

    (a) Termination.--The Commission shall terminate on the day 
occurring 10 years after the first official meeting of the Commission.
    (b) Extension.--The Commission may petition to be extended for a 
period of not more than 5 years beginning on the day referred to in 
subsection (a), provided the Commission determines a critical need to 
fulfill the purposes of this Act; and the Commission obtains approval 
from the Secretary, in consultation with the Governor of Louisiana.
    (c) Heritage Area Management Following Termination of the 
Commission.--The national heritage area status for the Cane River 
region shall continue following the termination of the Commission. The 
management plan, and partnerships and agreements subject to the plan 
shall guide the future management of the heritage area. The Commission, 
prior to its termination, shall recommend to the Governor of the State 
of Louisiana and the Secretary, appropriate entities, including the 
potential for a corporation, to assume the responsibilities of the 
Commission.

SEC. 205. DUTIES OF OTHER FEDERAL AGENCIES.

    In general, any Federal entity conducting or supporting activities 
directly affecting the heritage area, and any entity of the State of 
Louisiana, or a political subdivision thereof, acting pursuant to a 
grant of Federal funds or a Federal permit or agreement directly 
affecting the heritage area shall--
            (1) consult with the Secretary and the Commission with 
        respect to implementation of their proposed actions; and
            (2) to the maximum extent practicable, coordinate such 
        activities with the Commission to minimize potential impacts on 
        the resources of the heritage area.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    Except as provided in subsection (b) there are authorized to be 
appropriated such sums as may be necessary to carry out this Act.

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