[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1980 Reported in Senate (RS)]
Calendar No. 447
103d CONGRESS
2d Session
S. 1980
[Report No. 103-276]
_______________________________________________________________________
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.
_______________________________________________________________________
May 25 (legislative day, May 16), 1994
Reported with amendments
Calendar No. 447
103d CONGRESS
2d Session
S. 1980
[Report No. 103-276]
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
May 25 (legislative day, May 16), 1994
Reported by Mr. Johnston, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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, -8-0-,-0-0-1-,
-d-a-t-e-d -J-a-n-u-a-r-y -1-9-9-4-. 80,001A, dated May 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 -f-o-r from 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. Any funds donated to the Secretary pursuant
to this subsection may be expended without further appropriation.
(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 -p-r-e-p-a-r-e-d -j-o-i-n-t-l-y coordinated 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, -8-0-,-0-0-0-, -d-a-t-e-d
-J-a-n-u-a-r-y -1-9-9-4-; 80,000A, dated May 1994;
-(-2-) -t-h-e -N-a-t-c-h-i-t-o-c-h-e-s -N-a-t-i-o-n-a-l
-H-i-s-t-o-r-i-c-a-l -L-a-n-d-m-a-r-k -D-i-s-t-r-i-c-t-;
(2) those properties within the Natchitoches National
Historic Landmark District which are the subject of cooperative
agreements pursuant to section 102(d);
(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 -1-6 19 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-) -o-n-e -m-e-m-b-e-r -w-i-t-h -e-x-p-e-r-i-e-n-c-e
-i-n -a-n-d -k-n-o-w-l-e-d-g-e -o-f -t-o-u-r-i-s-m -i-n -t-h-e
-g-r-e-a-t-e-r -C-a-n-e -R-i-v-e-r -r-e-g-i-o-n-, -f-r-o-m
-r-e-c-o-m-m-e-n-d-a-t-i-o-n-s -s-u-b-m-i-t-t-e-d -b-y
-l-o-c-a-l -b-u-s-i-n-e-s-s-e-s-;
(4) two members with experience in and knowledge of tourism
in the heritage area from recommendations submitted by local
business and tourism organizations;
(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;
-(-1-3-) -o-n-e -m-e-m-b-e-r -w-h-o -i-s -a
-l-a-n-d-o-w-n-e-r -a-l-o-n-g -t-h-e -C-a-n-e -R-i-v-e-r-;
(13) two members who are landowners in and residents of the
heritage area;
(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) one member with experience in and knowledge of
environmental, recreational and conservation matters affecting
the heritage area from recommendations submitted by the
Natchitoches Sportsmans Association and other local
recreational and environmental organizations; and
-(-1-6-) (17) 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 -p-a-r-t-n-e-r-s-h-i-p-s cooperative agreements
with property owners, preservation groups, educational groups,
the State of Louisiana, the City of Natchitoches, universities,
and tourism groups, and other groups to -f-u-r-t-h-e-r-a-n-c-e
further 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 -a-n-d -l-e-a-s-e-s
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. -D-U-T-I-E-S -O-F -T-H-E -H-E-R-I-T-A-G-E -A-R-E-A
-C-O-M-M-I-S-S-I-O-N PREPARATION OF THE PLAN.
(a) -P-r-e-p-a-r-a-t-i-o-n -o-f -P-l-a-n-.---In General.--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 nonprofit corporation, to assume the responsibilities
of the Commission.
SEC. 205. DUTIES OF OTHER FEDERAL AGENCIES.
-I-n -g-e-n-e-r-a-l-, -a-n-y -F-e-d-e-r-a-l -e-n-t-i-t-y
-c-o-n-d-u-c-t-i-n-g -o-r -s-u-p-p-o-r-t-i-n-g -a-c-t-i-v-i-t-i-e-s
-d-i-r-e-c-t-l-y -a-f-f-e-c-t-i-n-g -t-h-e -h-e-r-i-t-a-g-e -a-r-e-a-,
-a-n-d -a-n-y -e-n-t-i-t-y -o-f -t-h-e -S-t-a-t-e -o-f
-L-o-u-i-s-i-a-n-a-, -o-r -a -p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n
-t-h-e-r-e-o-f-, -a-c-t-i-n-g -p-u-r-s-u-a-n-t -t-o -a -g-r-a-n-t -o-f
-F-e-d-e-r-a-l -f-u-n-d-s -o-r -a -F-e-d-e-r-a-l -p-e-r-m-i-t -o-r
-a-g-r-e-e-m-e-n-t -d-i-r-e-c-t-l-y -a-f-f-e-c-t-i-n-g -t-h-e
-h-e-r-i-t-a-g-e -a-r-e-a -s-h-a-l-l---
Any Federal entity conducting or supporting activities 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.
-E-x-c-e-p-t -a-s -p-r-o-v-i-d-e-d -i-n -s-u-b-s-e-c-t-i-o-n -(-b-)
-t-h-e-r-e There are authorized to be appropriated such sums as may be
necessary to carry out this Act.