Calendar No. 621

103D CONGRESS

2D SESSION H. R. 3433

AN ACT

To provide for the management of portions of the

of the Interior.Presidio under the jurisdiction of the Secretary

SEPTEMBER 22 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment and an amendment to the

title
II

Calendar No. 621

103D CONGRESS

2D SESSION H. R. 3433

IN THE SENATE OF THE UNITED STATES

AUGUST 23 (legislative day, AUGUST 18), 1994

Received; read twice and referred to the Committee on Energy and Natural

Resources

SEPTEMBER 22 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. JOHNSTON, with an amendment and an amendent to the title

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To provide for the management of portions of the Presidio

under the jurisdiction of the Secretary of the Interior.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 The Congress finds that—

5 (1) the Presidio of San Francisco, located

6 amidst the incomparable scenic splendor of the Gold7 en Gate, is one of America’s great natural and his8 toric sites;
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1 (2) the Presidio is the oldest continually operat2 ing military post in the Nation dating from 1776,

3 and was designated as a National Historic Land4 mark in 1962;

5 (3) preservation of the cultural and historic in6 tegrity of the Presidio for public use would give due

7 recognition to its significant role in the history of

8 the United States;

9 (4) the Presidio in its entirety will transfer to

10 the jurisdiction of the National Park Service on Sep11 tember 30, 1994, in accordance with Public Law

12 92–589;

13 (5) as part of the Golden Gate National Recre14 ation Area, the Presidio’s outstanding natural, his15 toric, scenic, cultural and recreational resources

16 must be managed in a manner which is consistent

17 with sound principles of land use planning and man18 agement, and which protect the Presidio from devel19 opment and uses which would destroy the scenic

20 beauty and natural character of the area;

21 (6) activities and management at the Presidio

22 must be consistent with both the Act establishing

23 the Golden Gate National Recreation Area (Public

24 Law 92–589) and the General Management Plan for
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1 the Golden Gate National Recreation Area, as

2 amended;

3 (7) the Presidio will be a global center dedi4 cated to addressing the world’s most critical environ5 mental, social, and cultural challenges and a working

6 laboratory at which models of environmental sustain7 ability shall be developed;

8 (8) the Presidio, as an urban park, will be man9 aged in a manner that is responsive to the concerns

10 of the public and cognizant of its impact on the local

11 community, and as a public resource, will reflect, in

12 both activities and management, of the diversity that

13 exists in the surrounding community; and

14 (9) the Presidio will be managed in an innova15 tive public/private partnership that minimizes cost to

16 the United States Treasury and makes efficient use

17 of private sector resources that could be utilized in

18 the public interest.

19 SEC. 2. AMENDMENT OF ACT ESTABLISHING GOLDEN GATE

20 NATIONAL RECREATION AREA.

21 (a) STATEMENT OF PURPOSES.—Section 1 of the Act

22 entitled ‘‘An Act to establish the Golden Gate National

23 Recreation Area in the State of California, and for other

24 purposes’’, approved October 27, 1972 (Public Law 92–

25 589; 86 Stat. 1299; 16 U.S.C. 460bb), is amended by in-
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1 serting the following after the second sentence: ‘‘In addi2 tion, the Secretary may utilize the resources of the Pre3 sidio of San Francisco to provide for and support pro4 grams and activities that foster research, education or

5 demonstration projects, and relate to the environment, en6 ergy, transportation, international affairs, arts and cul7 tural understanding, health and science.’’.

8 (b) ADMINISTRATION.—Section 4 of such Act is

9 amended by adding the following new subsection at the

10 end thereof:

11 ‘‘(g) INTERIM AUTHORITY.—(1) In addition to other

12 available authorities, the Secretary may, in his discretion,

13 negotiate and enter into leases, as appropriate, with any

14 person, firm, association, organization, corporation or gov15 ernmental entity for the use of any property within the

16 Presidio in accordance with the General Management Plan

17 and any of the purposes set forth in section 1 of this Act.

18 ‘‘(2) In addition to other available authorities, the

19 Secretary may, in his discretion, enter into—

20 ‘‘(A) interagency permitting agreements or

21 other appropriate agreements with the Secretary of

22 Defense and the Director of the Federal Emergency

23 Management Agency, and

24 ‘‘(B) leases with the American Red Cross, to

25 house their activities and employees at the Presidio.
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1 ‘‘(3) Any leases or other appropriate agreements en2 tered into under this subsection shall be subject to such

3 procedures, terms, conditions and restrictions as the Sec4 retary deems necessary. The Secretary is authorized to ne5 gotiate and enter into leases or other agreements, at fair

6 market value and without regard to section 321 of chapter

7 314 of the Act of June 30, 1932 (40 U.S.C. 303b), fair

8 market value shall take into account the uses permitted

9 by the General Management Plan and this Act. The pre10 ceding sentence shall not apply to any interagency permit11 ting agreement entered into between the Secretary and the

12 Secretary of Defense regarding the housing of activities

13 and employees of the Sixth United States Army. For pur14 poses of any such lease or other agreements, the Secretary

15 may adjust the rental by taking into account any amounts

16 to be expended by the lessee for preservation, mainte17 nance, restoration, improvement, repair and related ex18 penses with respect to the leased properties.

19 ‘‘(4) The proceeds from leases under this subsection,

20 and from concession and other use authorizations and

21 from other services that may be provided by the recreation

22 area under this subsection shall be retained by the Sec23 retary for 5 years after the date of enactment of this para24 graph or until the leased property is transferred to the

25 Presidio Trust and shall be available without further ap-
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1 propriation and used to offset the costs of preservation,

2 restoration, maintenance, improvement, repair and related

3 expenses including administration of the above, incurred

4 by the Secretary with respect to Presidio properties, with

5 the balance used to offset other costs incurred by the Sec6 retary in the administration of the Presidio.

7 ‘‘(5) Each lessee of a lease entered into under this

8 subsection shall keep such records as the Secretary may

9 prescribe to enable the Secretary to determine that all

10 terms of the lease have been and are being faithfully per11 formed. The Secretary and the Comptroller General and

12 their duly authorized representatives shall, for the purpose

13 of audit and examination, have access to financial records

14 pertinent to the lease and all the terms and conditions

15 thereof.

16 ‘‘(6) The Secretary shall annually prepare and submit

17 to Congress a report on property leased under this sub18 section.

19 ‘‘(7) In addition to other available authorities, the

20 Secretary may, in his discretion, enter into cooperative

21 agreements and permits for any of the purposes of the

22 recreation area set out in section 1 of this Act.’’.

23 SEC. 3. THE PRESIDIO TRUST.

24 (a) ESTABLISHMENT.—There is established within

25 the Department of the Interior a non-profit public benefit
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1 government corporation to be known as the Presidio Trust

2 (hereinafter in this Act referred to as the ‘‘Trust’’). The

3 Trust shall manage, in accordance with the purposes set

4 forth in section 1 of the Act entitled ‘‘An Act to establish

5 the Golden Gate National Recreation Area in the State

6 of California, and for other purposes’’, approved October

7 27, 1972 (Public Law 92–589; 86 Stat. 1299; 16 U.S.C.

8 460bb), and with this Act, the leasing, maintenance, reha9 bilitation, repair and improvement of property within the

10 Presidio which is transferred to the Trust by the Secretary

11 of the Interior (hereinafter in this Act referred to as the

12 ‘‘Secretary’’). The Trust may participate in the develop13 ment of programs and activities at the properties that

14 have been transferred to the Trust.

15 (b) TRANSFER.—Except as provided in this sub16 section, the Secretary shall transfer to the Trust, under

17 such terms and conditions as the Secretary deems appro18 priate, a leasehold in the following properties within the

19 Presidio under the control of the Secretary: the

20 Letterman-LAIR complex, Fort Scott, Main Post, Cavalry

21 Stables, Presidio Hill, Wherry Housing, East Housing, the

22 structures at Crissy Field, and such other properties,

23 within the Presidio as the Secretary and the Trust deems

24 appropriate. Any such property shall be transferred within

25 60 days after a request is made by the Trust. The lease-
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1 hold shall be of sufficient term to enable the Trust to ob2 tain necessary and beneficial financing arrangements and

3 to carry out the purposes of this Act. The Secretary may

4 withhold transfer to the Trust of any buildings necessary

5 to house or support activities of the National Park Service.

6 The Secretary may not transfer to the Trust any property

7 irrevocably permitted to the Department of the Army. The

8 Secretary shall transfer, with any transferred property, all

9 leases, concessions, licenses and other agreements affect10 ing such transferred property. The Secretary may transfer

11 any properties within the Presidio to the Trust not re12 quested by the Trust subject to terms and conditions mu13 tually agreed to by the Secretary and the Trust. All pro14 ceeds received by the Presidio Trust from the leasing of

15 properties managed by the Trust within the Presidio shall

16 be retained by the Trust without further appropriation

17 and used to offset the costs of administration, preserva18 tion, restoration, operation, maintenance, repair, and re19 lated expenses incurred by the Trust with respect to such

20 properties.

21 (c) BOARD OF DIRECTORS.—(1) The powers and

22 management of the Trust shall be vested in a Board of

23 Directors consisting of 13 members, as follows:

24 (A) The Director of the National Park Service.

25 (B) Secretary of the Army.
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1 (C) Administrator of the Environmental Protec2 tion Agency.

3 (D) Ten individuals, who are not employees of

4 the Federal Government, appointed by the Secretary

5 within 6 months after the date of the enactment of

6 this Act, 6 of whom shall have knowledge and expe7 rience in one or more of the fields of the environ8 ment, energy, transportation, international affairs,

9 health, science, education, or any other such field re10 lated to the activities at the Presidio; 4 of whom

11 shall have knowledge and experience in one or more

12 of the fields of city planning, finance, real estate,

13 labor or historic preservation. With respect to the 10

14 individuals, 5 shall meet the additional requirement

15 of possessing extensive knowledge of the region in

16 which the Presidio is located.

17 Each member of the Board of Directors specified in sub18 paragraphs (A) through (C) paragraph (1) may designate

19 (through written notice to the Secretary and Chairman of

20 the Board) an alternative senior official (classified as Sen21 ior Executive Service) of his or her department or agency

22 who may serve on the Board in his or her stead. The Sec23 retary of the Army shall serve on the Board until such

24 time as the Sixth Army Headquarters ceases to maintain

25 a presence at the Presidio. In such an event, the Secretary
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1 of Energy shall replace the Secretary of the Army on the

2 Board.

3 (d) TERMS OF BOARD MEMBERS.—Each member of

4 the Board of Directors appointed under subparagraph (D)

5 of subsection (c)(1) shall serve for a term of 5 years from

6 the expiration of his or her predecessor’s term; except that

7 the Secretary, in making the initial appointments to the

8 Board under subparagraph (D), shall appoint 3 Directors

9 to a term of 2 years and 3 Directors to a term of 3 years.

10 Any vacancy on the Board of Directors shall be filled in

11 the same manner in which the original appointment was

12 made, and any member appointed to fill a vacancy shall

13 serve for the remainder of the term for which his or her

14 predecessor was appointed. Each member shall continue

15 to serve after the expiration of his or her term until his

16 or her successor is appointed. No appointed director may

17 serve more than 10 years in consecutive terms.

18 (e) ORGANIZATION AND COMPENSATION.—(1) The

19 Board of Directors shall elect at the initial meeting a

20 Chairman and a Vice Chairman from among the members

21 of the Board of Directors. The Director of the National

22 Park Service shall serve as Chairman until such time as

23 the Board holds such election.

24 (2) The Board of Directors may establish an Execu25 tive Committee within the Board and other such commit-
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1 tees within the Board as it deems appropriate, and dele2 gate such powers to such committees as the Board deter3 mines appropriate to carry out its functions and duties.

4 Any such committees established by the Board may meet

5 and take action on behalf of the Board between meetings

6 to the extent the Board delegates such authority. Delega7 tions to such committees shall not relieve the Board of

8 full responsibility for the carrying out of its functions and

9 duties, and shall be revocable by the Board in its exclusive

10 judgment.

11 (3) Members of the Board of Directors shall serve

12 without pay, but may be reimbursed for the actual and

13 necessary traveling and subsistence expenses incurred by

14 them in the performance of the duties of the Trust.

15 (4) The Board of Directors shall meet at the call of

16 the Chairman, who shall require it to meet not less often

17 than once every 6 months. A majority of the members of

18 the Board of Directors (or their designated alternates)

19 shall constitute a quorum. The Board shall hold at least

20 one public meeting per year at the Presidio at which time

21 the Board shall report on its operations, accomplishments

22 and goals for the upcoming year.

23 (5) Members of the Board of Directors shall not be

24 considered Federal employees by virtue of their member-
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1 ship on the Board, except for purposes of the Federal Tort

2 Claims Act and other statutes defining legal liability.

3 (f) STAFF.—The Board of Directors shall have the

4 power to appoint and fix the compensation and duties of

5 an Executive Director and such other officers and employ6 ees of the Trust as may be necessary for the efficient ad7 ministration of the Trust. Officers and employees of the

8 Trust may be appointed and compensated without regard

9 to the provisions of title 5, United States Code, governing

10 appointments in the competitive service, and may be paid

11 without regard to the provisions of chapter 51, and sub12 chapter III of chapter 53, title 5, United States Code (re13 lating to classification and General Schedule pay rates),

14 except that no such officer or employee may receive a sal15 ary which exceeds the salary payable to officers or employ16 ees of the United States classified a level IV of the Execu17 tive Schedule.

18 (g) EXPERTS AND CONSULTANTS.—The Board of Di19 rectors is authorized to procure the services of experts or

20 consultants, or organizations, including but not limited to

21 urban planners, architects, engineers, and appraisers.

22 (h) AUTHORITIES.—In exercising its powers and du23 ties, the Trust shall act in accordance with both the ap24 proved General Management Plan, as amended (herein25 after in this Act referred to as the ‘‘Plan’’) and the Act
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1 entitled ‘‘An Act to establish the Golden Gate National

2 Recreation Area in the State of California, and for other

3 purposes’’, approved October 27, 1972 (Public Law 92–

4 589: 86 Stat. 1299; 16 U.S.C. 460bb), and have the fol5 lowing authorities:

6 (1) The Trust shall manage, maintain, improve

7 and repair those properties within the Presidio

8 which are transferred to the Trust by the Secretary.

9 (2) The Trust shall publish and disseminate in10 formation and make known to potential occupants,

11 by advertisement, solicitation, or other means, the

12 availability of the property within the Presidio which

13 the Trust manages.

14 (3) The Trust may prepare or cause to be pre15 pared plans, specifications, designs, and estimates of

16 costs for the rehabilitation, improvement, alteration,

17 or repair of any property managed by the Trust, and

18 from time to time may modify such plans, specifica19 tions, designs, or estimates.

20 (4)(A) The Trust may negotiate and enter into

21 agreements, including contracts, leases, and coopera22 tive agreements, with any person including any gov23 ernmental entity) for the occupancy of any property

24 within the Presidio which the Trust manages.
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1 (B) Agreements under this paragraph shall be

2 subject to procedures established by the Secretary

3 under paragraph (5).

4 (C) Agreements under this paragraph may be

5 entered into without regard to section 321 of the Act

6 of June 30, 1932 (40 U.S.C. 303b).

7 (5) The Secretary shall establish procedures for

8 agreements under paragraph (4), including a re9 quirement that in entering into such agreements the

10 Trust shall obtain such competition as is practicable

11 in the circumstances.

12 (6) The Trust shall establish (through ease13 ments, covenants, regulations, agreements, or other14 wise) such restrictions, standards, and requirements

15 as are necessary to assure the maintenance, protec16 tion, and aesthetic character of the property man17 aged by the Trust.

18 (7) The Trust may make commercially reason19 able loans to the occupants of property managed by

20 the Trust for the preservation, restoration, mainte21 nance, or repair of such property.

22 (8) The Trust may provide technical assistance

23 to the occupants of property managed by the Trust,

24 to assist such occupants in making repairs or im-
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1 provements to the property or applying for loans

2 under paragraph (7) of this section.

3 (9) The Trust and the Secretary may solicit

4 and the Trust may accept donations of funds, prop5 erty, supplies, or services from individuals, founda6 tions, corporations, and other private entities, and

7 from public entities, for the purpose of carrying out

8 its duties.

9 (10) The Trust may retain any revenues from

10 leases or other agreements concerning property man11 aged by the Trust, including preexisting leases or

12 agreements and any donations, and use the proceeds

13 without further appropriation to offset any costs for

14 any function of the Trust authorized by this Act, ex15 cept for those moneys transferred to the Secretary

16 as stipulated in paragraph (11).

17 (11) The Secretary and the Trust shall agree

18 on an amount of revenues received by the Trust to

19 be transferred to the Secretary, to be applied by the

20 Secretary, without further appropriation or offset to

21 appropriation, for common operating and mainte22 nance expenses at the Presidio.

23 (12)(A) The Trust may not (directly or indi24 rectly) borrow funds from any source other than the
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1 Secretary of the Treasury as provided in this para2 graph.

3 (B) Except as provided in subparagraph (F), if

4 at any time the funds available to the Trust are in5 sufficient to enable the Trust to discharge its re6 sponsibilities under this Act, the Trust may issue

7 obligations to the Secretary of the Treasury, but

8 only if the Secretary of the Treasury agrees to pur9 chase such obligations after determining that the

10 projects to be funded from the proceeds thereof are

11 credit worthy.

12 (C) The aggregate amount of obligations issued

13 under this paragraph which are outstanding at any

14 one time may not exceed $150,000,000.

15 (D) Obligations issued under this paragraph—

16 (i) shall be in such forms and denomina17 tions, bearing such maturities, and subject to

18 such terms and conditions, as may be pre19 scribed by the Secretary of the Treasury, and

20 (ii) shall bear interest at a rate determined

21 by the Secretary of the Treasury, taking into

22 consideration current market yields on out23 standing marketable obligations of the United

24 States of comparable maturities.
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1 (E) No funds appropriated to the Trust may be

2 used for repayment of principal or interest on, or re3 demption of, obligations issued under this para4 graph.

5 (F) The Secretary of the Treasury may pur6 chase obligations issued under this paragraph only

7 to the extent provided in advance in appropriation

8 Acts.

9 (13) Upon the request of the Trust, the Sec10 retary of the Treasury shall invest excess moneys of

11 the Trust in public debt securities with maturities

12 suitable to the needs of the Trust, as determined by

13 the Trust, and bearing interest at rates determined

14 by the Secretary of the Treasury, taking into consid15 eration current market yields on outstanding mar16 ketable obligations of the United States of com17 parable maturity.

18 (14) The Trust may enter into and perform

19 such contracts and other transactions with any per20 son, firm, association, organization, corporation or

21 governmental entity as may be necessary or appro22 priate to the conduct of activities authorized under

23 this Act.

24 (15) The Trust may execute all instruments

25 necessary or appropriate in the exercise of any of its
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1 functions under this Act, and may delegate to the

2 Executive Director such of its powers and respon3 sibilities as it deems appropriate and useful for the

4 administration of the Trust.

5 (16) The Trust may obtain by purchase, rental,

6 donation, or otherwise, such goods and services as

7 may be needed to carry out its duties. In the event

8 of the termination of the Trust, all property and un9 expended funds shall be transferred to the Depart10 ment of the Interior, except that such funds shall

11 only be expended for the purposes of this Act.

12 (17) The Trust shall procure insurance against

13 any loss in connection with the properties managed

14 by it as is reasonable and customary; and shall pro15 cure such additional insurance for losses arising out

16 of any of its authorized activities as is reasonable

17 and customary.

18 (18) The Trust may sue and be sued in its

19 name. All litigation arising out of the activities of

20 the Trust shall be conducted by the Attorney Gen21 eral; the Trust may retain private attorneys to pro22 vide advice and counsel on transactional issues.

23 (19) The Trust may adopt, amend, and repeal

24 bylaws, rules, and regulations governing the manner
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1 in which its business may be conducted and the pow2 ers vested in it may be exercised.

3 (20) The Trust shall have perpetual succession.

4 (21) The Trust shall have an official seal se5 lected by the Board which shall be judicially noticed.

6 (22) The Trust shall have all necessary and

7 proper powers for the exercise of the authorities in8 vested in it.

9 (23) For purposes of complying with section

10 106 of the National Historic Preservation Act, the

11 Trust may work directly with the National Park

12 Service, the State Historic Preservation Office, and

13 the Advisory Council on Historic Preservation and

14 enter into programmatic agreements, where appro15 priate.

16 (i) USE OF FEDERAL PERSONNEL, FACILITIES, AND

17 SERVICES.—The Secretary and the heads of other Federal

18 departments and agencies may provide personnel, facili19 ties, and other administrative services to the Trust to as20 sist it in carrying out its duties under this Act. Further21 more, the Secretary and the heads of other Federal de22 partments and agencies may loan or transfer to the Trust

23 excess or surplus personal property deemed necessary for

24 the management of the Presidio.
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1 (j) TAXES.—Since the exercise of the powers granted

2 by this section will be in all respects for the benefit of

3 the people, the Trust is hereby declared to be devoted to

4 an essential public and governmental function and purpose

5 and shall be exempt from all taxes and special assessments

6 of every kind of the State of California, and its political

7 subdivisions, including the City and County of San Fran8 cisco.

9 (k) VOLUNTEERS.—The Secretary may accept, with10 out regard to the Civil Service classification laws, rules,

11 or regulations, the services of the Trust, the Board, and

12 the officers, and employees and consultants of the Board,

13 without compensation from the Department of the Inte14 rior, as volunteers in the performance of the functions au15 thorized herein, in the manner provided for under the Vol16 unteers in the Parks Act of 1969 (16 U.S.C. 18g et seq.).

17 (l) SAVINGS CLAUSE.—Nothing in this section shall

18 preclude the Secretary from exercising any of his or her

19 lawful powers within the Presidio.

20 (m) AFFIRMATIVE ACTION.—The Trust shall ensure

21 that affirmative steps are taken, consistent with other

22 Federal law, to afford equal access and equal opportuni23 ties for leases, concessions, contracts, subcontracts, and

24 other contracting and employment opportunities to mi25 norities, women, and other socially and economically dis-
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1 advantaged individuals, commensurate with local availabil2 ity.

3 (n) FINANCIAL RECORDS.—The financial records of

4 the Trust shall be available for inspection by the Sec5 retary, the Inspector General of the Department of the

6 Interior, and the Comptroller General at any time and

7 shall be audited by a reputable firm of certified public ac8 countants not less frequently than once each year. Such

9 audit shall be made available to the Secretary and the

10 Congress. The Trust shall be subject to the provisions of

11 the Government Corporation Control Act (31 U.S.C. 9109

12 et seq.), including the budget and credit provisions, except

13 that the Trust shall submit its budget through and in con14 sultation with the Secretary.

15 (o) LEASING.—In managing and leasing the prop16 erties transferred to it, the Trust should consider the ex17 tent to which prospective tenants maximize the contribu18 tion to the implementation of the General Management

19 Plan and to the generation of revenues to offset costs of

20 the Presidio. If the Trust has difficulty securing a tenant

21 for a property under its control, it may enter into negotia22 tion with a prospective tenant whose proposed use may

23 be inconsistent with the approved General Management

24 Plan. The Trust may not enter into a lease which is incon25 sistent with the approved General Management Plan un-
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1 less the Secretary makes a finding that the proposed lease

2 will not have a detrimental effect on the natural, histori3 cal, scenic and recreational values for which the Golden

4 Gate National Recreation Area was established. For major

5 leasing actions, the Trust shall submit the proposed lease

6 to the Secretary of the Interior or his designee for a period

7 of 10 working days for his review of the lease for consist8 ency with the General Management Plan. Before executing

9 the lease, the Trust shall consider issues of consistency

10 raised by the Secretary or his designee.

11 (p) APPLICATION OF OTHER LAWS.—(1) All general

12 penal statutes relating to the larceny, embezzlement, or

13 conversion of public moneys or property of the United

14 States shall apply to the moneys and property of the

15 Trust.

16 (2)(A) Except as provided in subparagraphs (B) and

17 (C), Federal laws and regulations governing procurement

18 by Federal agencies shall apply to the Trust.

19 (B) The Secretary may authorize the Trust, in exer20 cising authority under section 303(g) of the Federal Prop21 erty and Administrative Services Act of 1949 (40 U.S.C.

22 253(g)) relating to simplified purchase procedures, to use

23 as the dollar limit of each purchase or contract under that

24 subsection an amount which does not exceed $500,000.
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1 (C) The Secretary may authorize the Trust, in carry2 ing out the requirement of section 18 of the Office of Fed3 eral Procurement Policy Act (41 U.S.C. 416) to furnish

4 to the Secretary of Commerce for publication notices of

5 proposed procurement actions, to use as the applicable

6 dollar threshold for each expected procurement an amount

7 which does not exceed $1,000,000.

8 (q) GOLDEN GATE NATIONAL RECREATION AREA

9 ADVISORY COMMISSION.—The Trust shall maintain liai10 son with the Golden Gate National Recreation Area Advi11 sory Commission in matters relating to the General Man12 agement Plan, and shall meet with the Commission at

13 least annually.

14 (r) REVERSION.—In the event of failure or default,

15 all interests and assets of the Trust shall revert to the

16 United States to be administered by the Secretary.

17 (s) REPORT.—The Trust shall transmit to the Sec18 retary and the Congress, annually each January, a com19 prehensive and detailed report of its operations, activities,

20 and accomplishments for the prior fiscal year. The report

21 also shall include a section that describes, in general

22 terms, the Trust’s goals for the current fiscal year. The

23 portion of the report containing the audited financial

24 statement may be submitted at a later date, but no later

25 than the first day of March of such year.
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1 (t) AUTHORIZATION OF APPROPRIATIONS FOR PRE2 SIDIO.—For purposes of the Presidio, including the Pre3 sidio Trust, there is authorized to be appropriated to the

4 Secretary such sums as may be necessary, but the aggre5 gate of funds appropriated for purposes of the Presidio

6 (excluding the Presidio Trust) under this subsection and

7 under the Act entitled ‘‘An Act to establish the Golden

8 Gate National Recreation Area in the State of California,

9 and for other purposes’’, approved October 27, 1972 (Pub10 lic Law 92–589; 86 Stat. 1299; 16 U.S.C. 460bb) may

11 not exceed $25,000,000 in any one fiscal year. Funds ap12 propriated under this Act (other than funds appropriated

13 for operations) remain available until expended.

14 (u) SEPARABILITY OF PROVISIONS.—If any provi15 sions of this Act or the application thereof to any body,

16 agency, situation, or circumstance is held invalid, the re17 mainder of the Act and the application of such provision

18 to other bodies, agencies, situations, or circumstances

19 shall not be affected thereby.

20 (v) The provisions of the Act of March 3, 1931 (40

21 U.S.C. 276a et seq.; commonly known as the Davis-Bacon

22 Act), and the provisions of the Service Contract Act of

23 1965 (41 U.S.C. 351 et seq.), shall apply to the Trust.

24 All laborers and mechanics employed on the construction,

25 rehabilitation, reconstruction, alteration, or repair of
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1 projects funded in whole or in part by the Trust and

2 projects financed in whole or in part by loans, grants, loan

3 guarantees, or any other assistance by the Trust shall be

4 paid wages at rates not less than those prevailing on

5 projects of a similar character in the locality as deter6 mined by the Secretary of Labor in accordance with the

7 Act of March 3, 1931 (40 U.S.C. 276a et seq.; commonly

8 known as the Davis-Bacon Act). The Secretary of Labor

9 shall have, with respect to the labor standards specified

10 in this section, the authority and functions set forth in

11 Reorganization Plan Numbered 14 of 1950 (15 F.R.

12 3176; 64 Stat. 1267) and section 2 of the Act of June

13 13, 1934 (40 U.S.C. 276c).

14 SEC. 4. COMPLIANCE WITH BUY AMERICAN ACT.

15 No funds appropriated pursuant to this Act may be

16 expended by an entity unless the entity agrees that in ex17 pending the assistance the entity will comply with sections

18 2 through 4 of the Act of March 3, 1993 (41 U.S.C. 10a–

19 10c, popularly known as the ‘‘Buy American Act’’).

20 SEC. 5. SENSE OF CONGRESS; REQUIREMENT REGARDING

21 NOTICE.

22 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

23 AND PRODUCTS.—In the case of any equipment or prod24 ucts that may be authorized to be purchased with financial

25 assistance provided under this Act, it is the sense of the
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1 Congress that entities receiving such assistance should, in

2 expending the assistance, purchase only American-made

3 equipment and products.

4 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

5 providing financial assistance under this Act, the head of

6 each Federal agency shall provide to each recipient of the

7 assistance a notice describing the statement made in sub8 section (a) by the Congress.

9 SEC. 6. PROHIBITION OF CONTRACTS.

10 It has been finally determined by a court or Federal

11 agency that any person intentionally affixed a label bear12 ing a ‘‘Made in America’’ inscription, or any inscription

13 with the same meaning, to any product sold in or shipped

14 to the United States that is not made in the United

15 States, such person shall be ineligible to receive any con16 tract or subcontract made with funds provided pursuant

17 to this Act, pursuant to the debarment, suspension, and

18 ineligibility procedures described in section 9.400 through

19 9.409 of title 48, Code of Federal Regulations.

20 TITLE I—MANAGEMENT OF THE PRESIDIO

21 OF SAN FRANCISCO

22 SECTION 101. FINDINGS.

23 The Congress finds that—
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1 (1) the Presidio of San Francisco, located amidst

2 the incomparable scenic splendor of the Golden Gate,

3 is one of America’s great natural and historic sites;

4 (2) the Presidio is the oldest continually operat5 ing military post in the Nation dating from 1776,

6 and was designated as a National Historic Landmark

7 in 1962;

8 (3) preservation of the cultural and historic in9 tegrity of the Presidio for public use would give due

10 recognition to its significant role in the history of the

11 United States;

12 (4) the Presidio in its entirety will transfer to

13 the jurisdiction of the National Park Service on Sep14 tember 30, 1994, in accordance with Public Law

15 92–589;

16 (5) as part of the Golden Gate National Recre17 ation Area, the Presidio’s outstanding natural, his18 toric, scenic, cultural and recreational resources must

19 be managed in a manner which is consistent with

20 sound principles of land use planning and manage21 ment, and which protect the Presidio from develop22 ment and uses which would destroy the scenic beauty

23 and natural character of the area; and

24 (6) the Presidio will be managed in an innova25 tive public/private partnership that minimizes cost to
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1 the United States Treasury and makes efficient use of

2 private sector resources that could be utilized in the

3 public interest.

4 SEC. 102. AMENDMENT OF GOLDEN GATE NATIONAL

5 RECREATION AREA ESTABLISHMENT ACT.

6 (a) STATEMENT OF PURPOSES.—Section 1 of the Act

7 entitled ‘‘An Act to establish the Golden Gate National

8 Recreation Area in the State of California, and for other

9 purposes’’, approved October 27, 1972 (Public Law 92–589;

10 86 Stat. 1299; 16 U.S.C. 460bb), is amended by inserting

11 the following after the second sentence: ‘‘In addition, the

12 Secretary may utilize the resources of the Presidio of San

13 Francisco to provide for and support programs and activi14 ties that foster research, education or demonstration

15 projects, and relate to the environment, energy, transpor16 tation, international affairs, arts and cultural understand17 ing, health and science.’’.

18 (b) ADMINISTRATION.—Section 4 of such Act is

19 amended by adding the following new subsection at the end

20 thereof:

21 ‘‘(g) INTERIM AUTHORITY.—(1) In addition to other

22 available authorities, the Secretary may, in his discretion,

23 negotiate and enter into leases, as appropriate, with any

24 person, firm, association, organization, corporation or gov25 ernmental entity for the use of any property within the Pre-
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1 sidio in accordance with the General Management Plan and

2 any of the purposes set forth in section 1 of this Act.

3 ‘‘(2) In addition to other available authorities, the Sec4 retary may, in his discretion, enter into—

5 ‘‘(A) interagency permitting agreements or other

6 appropriate agreements with the Secretary of Defense

7 (or the Secretary of the military department con8 cerned) and the Director of the Federal Emergency

9 Management Agency, and

10 ‘‘(B) leases with the American Red Cross, to

11 house their activities and employees at the Presidio.

12 ‘‘(3) Any leases or other appropriate agreements en13 tered into under this subsection shall be subject to such pro14 cedures, terms, conditions and restrictions as the Secretary

15 deems necessary. The Secretary is authorized to negotiate

16 and enter into leases or other agreements, at fair market

17 value and without regard to section 321 of chapter 314 of

18 the Act of June 30, 1932 (40 U.S.C. 303b); fair market

19 value shall take into account the uses permitted by the Gen20 eral Management Plan and this Act. The preceding sentence

21 shall not apply to any interagency permitting agreement

22 entered into between the Secretary and the Secretary of De23 fense regarding the housing of activities and employees of

24 the Sixth United States Army, or its functional equivalent.

25 For purposes of any such lease or other agreements, the Sec-
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1 retary may adjust the rental by taking into account any

2 amounts to be expended by the lessee for preservation, main3 tenance, restoration, improvement, repair and related ex4 penses with respect to the leased properties.

5 ‘‘(4) For a period of 5 years after the date of enactment

6 of this paragraph, or until the leased property is transferred

7 to the Presidio Trust, the proceeds from leases under this

8 subsection, and from concession and other use authoriza9 tions, and from other services that may be provided by the

10 recreation area under this subsection shall be retained by

11 the Secretary, and shall be available without further appro12 priation and used to offset the costs of preservation, restora13 tion, maintenance, improvement, repair and related ex14 penses including administration of the above, incurred by

15 the Secretary with respect to Presidio properties, with the

16 balance used to offset other costs incurred by the Secretary

17 in the administration of the Presidio.

18 ‘‘(5) Each lessee of a lease entered into under this sub19 section shall keep such records as the Secretary may pre20 scribe to enable the Secretary to determine that all terms

21 of the lease have been and are being faithfully performed.

22 The Secretary and the Comptroller General and their duly

23 authorized representatives shall, for the purpose of audit

24 and examination, have access to financial records pertinent

25 to the lease and all the terms and conditions thereof.
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1 ‘‘(6) The Secretary shall annually prepare and submit

2 to Congress a report on property leased under this sub3 section.

4 ‘‘(7) In addition to other available authorities, the Sec5 retary may, in his discretion, enter into cooperative agree6 ments and permits for any of the purposes of the recreation

7 area set out in section 1 of this Act.

8 ‘‘(8) An annual audit or accounting of Army morale,

9 recreation, and welfare activities and costs at the Presidio,

10 as set forth by the interagency agreement, shall be audited

11 at the expense of the Department of Defense by an independ12 ent external auditor in accordance with applicable stand13 ards. Such audit or accounting reports shall be submitted

14 to the appropriate congressional committees.’’.

15 SEC. 103. PRESIDIO TRUST.

16 (a) ESTABLISHMENT.—There is established within the

17 Department of the Interior a non-profit public benefit gov18 ernment corporation to be known as the Presidio Trust

19 (hereinafter in this title referred to as the ‘‘Trust’’). The

20 Trust shall manage, in accordance with the purposes set

21 forth in section 1 of the Act entitled ‘‘An Act to establish

22 the Golden Gate National Recreation Area in the State of

23 California, and for other purposes’’, approved October 27,

24 1972 (Public Law 92–589; 86 Stat. 1299; 16 U.S.C. 460bb),

25 and with this title, the leasing, maintenance, rehabilitation,
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1 repair and improvement of property within the Presidio

2 which is transferred to the Trust by the Secretary of the

3 Interior (hereinafter in this title referred to as the ‘‘Sec4 retary’’). The Trust may participate in the development of

5 programs and activities at the properties that have been

6 transferred to the Trust.

7 (b) TRANSFER.—(1) Except as provided in this sub8 section, the Secretary shall transfer to the Trust, under such

9 terms and conditions as the Secretary and the Trust deem

10 appropriate, a leasehold interest in the following properties

11 within the Presidio under the control of the Secretary: the

12 Letterman-LAIR complex, Fort Scott, Main Post, Cavalry

13 Stables, Presidio Hill, Wherry Housing, East Housing, the

14 structures at Crissy Field, and such other properties (in15 cluding leasehold interests in utilities, roads, or other facili16 ties servicing the properties), within the Presidio as the Sec17 retary and the Trust deem appropriate.

18 (2) As soon as practicable after the date of enactment

19 of this title, the Secretary shall prepare a map identifying

20 properties to be conveyed or proposed to be conveyed to the

21 Trust. Upon its completion, such map shall be transmitted

22 to the Committee on Energy and Natural Resources of the

23 United States Senate and the Committee on Natural Re24 sources of the United States House of Representatives.
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1 (3) The conveyance of leasehold interests shall occur

2 within 60 days following such agreement(s) between the

3 Secretary and the Trust. The leasehold shall be of sufficient

4 term to enable the Trust to obtain necessary and beneficial

5 financing arrangements and to carry out the purposes of

6 this title. The Secretary may withhold transfer to the Trust

7 of any buildings necessary to house or support activities

8 of the National Park Service. The Secretary may not trans9 fer to the Trust any property irrevocably permitted to the

10 Department of the Army. The Secretary shall transfer, with

11 any transferred property, all leases, concessions, licenses

12 and other agreements affecting such transferred property.

13 The Secretary may transfer any properties within the Pre14 sidio to the Trust not requested by the Trust subject to terms

15 and conditions mutually agreed to by the Secretary and

16 the Trust.

17 (4) All proceeds received by the Trust from the leasing

18 of properties managed by the Trust within the Presidio

19 shall be retained by the Trust without further appropria20 tion and used to offset the costs of administration, preserva21 tion, restoration, operation, maintenance, repair, and relat22 ed expenses incurred by the Trust with respect to such prop23 erties.

24 (5) After a leasehold interest in any building or struc25 ture is transferred to the Trust, no appropriated funds may
34

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1 be used to improve, rehabilitate, or repair such building or

2 structure, except on an emergency basis.

3 (c) BOARD OF DIRECTORS.—(1) The powers and man4 agement of the Trust shall be vested in a Board of Directors

5 consisting of 13 members, as follows:

6 (A) The Director of the National Park Service.

7 (B) Secretary of the Army.

8 (C) Eleven individuals, who are not employees of

9 the Federal Government, appointed by the Secretary

10 within 6 months after the date of the enactment of

11 this title, 6 of whom shall have knowledge and experi12 ence in one or more of the fields of the environment,

13 energy, transportation, international affairs, health,

14 science, education, or any other such field related to

15 the activities at the Presidio; 4 of whom shall have

16 knowledge and experience in one or more of the fields

17 of city planning, finance, real estate, labor or historic

18 preservation. With respect to the 11 individuals, 5

19 shall meet the additional requirement of possessing

20 extensive knowledge of the region in which the Pre21 sidio is located.

22 (2) Each member of the Board of Directors specified

23 in subparagraphs (A) and (B) in paragraph (1) may des24 ignate (through written notice to the Secretary and Chair25 man of the Board) an alternative senior official (classified
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1 as Senior Executive Service) of his or her department or

2 agency who may serve on the Board in his or her stead.

3 The Secretary of the Army shall serve on the Board of Di4 rectors until such time as the Sixth Army Headquarters

5 ceases to maintain a presence at the Presidio. In such an

6 event, the Secretary shall submit a recommendation to the

7 appropriate Congressional Committees setting forth a pro8 posed new membership structure of the Board of Directors.

9 (d) TERMS OF BOARD MEMBERS.—Each member of

10 the Board of Directors appointed under subparagraph (C)

11 of subsection (c)(1) shall serve for a term of 5 years from

12 the expiration of his or her predecessor’s term; except that

13 the Secretary, in making the initial appointments to the

14 Board under subparagraph (C), shall appoint 3 Directors

15 to a term of 2 years and 3 Directors to a term of 3 years.

16 Any vacancy on the Board of Directors shall be filled in

17 the same manner in which the original appointment was

18 made, and any member appointed to fill a vacancy shall

19 serve for the remainder of the term for which his or her

20 predecessor was appointed. Each member shall continue to

21 serve after the expiration of his or her term until his or

22 her successor is appointed. No appointed director may serve

23 more than 10 years in consecutive terms.

24 (e) ORGANIZATION AND COMPENSATION.—(1) The

25 Board of Directors shall elect at the initial meeting a Chair-
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1 man and a Vice Chairman from among the members of the

2 Board of Directors. The Director of the National Park Serv3 ice shall serve as Chairman until such time as the Board

4 holds such election.

5 (2) The Board of Directors may establish an Executive

6 Committee within the Board and other such committees

7 within the Board as it deems appropriate, and delegate

8 such powers to such committees as the Board determines

9 appropriate to carry out its functions and duties. Any such

10 committees established by the Board may meet and take ac11 tion on behalf of the Board between meetings to the extent

12 the Board delegates such authority. Delegations to such

13 committees shall not relieve the Board of full responsibility

14 for the carrying out of its functions and duties, and shall

15 be revocable by the Board in its exclusive judgment.

16 (3) Members of the Board of Directors shall serve with17 out pay, but may be reimbursed for the actual and nec18 essary traveling and subsistence expenses incurred by them

19 in the performance of the duties of the Trust.

20 (4) The Board of Directors shall meet at the call of

21 the Chairman, who shall require it to meet not less often

22 than once every 6 months. A majority of the members of

23 the Board of Directors (or their designated alternates) shall

24 constitute a quorum. The Board shall hold at least one pub25 lic meeting per year at the Presidio at which time the
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1 Board shall report on its operations, accomplishments and

2 goals for the upcoming year.

3 (f) STAFF.—The Board of Directors shall have the

4 power to appoint and fix the compensation and duties of

5 an Executive Director and such other officers and employees

6 of the Trust as may be necessary for the efficient adminis7 tration of the Trust. Officers and employees of the Trust

8 may be appointed and compensated without regard to the

9 provisions of title 5, United States Code, governing ap10 pointments in the competitive service, and may be paid

11 without regard to the provisions of chapter 51, and sub12 chapter III of chapter 53, title 5, United States Code (relat13 ing to classification and General Schedule pay rates), ex14 cept that no such officer or employee may receive a salary

15 which exceeds the salary payable to officers or employees

16 of the United States classified at level IV of the Executive

17 Schedule.

18 (g) EXPERTS AND CONSULTANTS.—The Board of Di19 rectors is authorized to procure the services of experts or

20 consultants, or organizations, including but not limited to

21 urban planners, architects, engineers, and appraisers.

22 (h) AUTHORITIES.—In exercising its powers and du23 ties, the Trust shall act in accordance with both the ap24 proved General Management Plan, as amended (hereinafter

25 in this title referred to as the ‘‘Plan’’ and the Act entitled
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1 ‘‘An Act to establish the Golden Gate National Recreation

2 Area in the State of California, and for other purposes’’,

3 approved October 27, 1972 (Public Law 92–589; 86 Stat.

4 1299; 16 U.S.C. 460bb), and have the following authorities:

5 (1) The Trust shall manage, maintain, improve

6 and repair those properties within the Presidio which

7 are transferred to the Trust by the Secretary.

8 (2) The Trust shall publish and disseminate in9 formation and make known to potential occupants, by

10 advertisement, solicitation, or other means, the avail11 ability of the property within the Presidio which the

12 Trust manages.

13 (3) The Trust may prepare or cause to be pre14 pared plans, specifications, designs, and estimates of

15 costs for the rehabilitation, improvement, alteration,

16 or repair of any property managed by the Trust, and

17 from time to time may modify such plans, specifica18 tions, designs, or estimates.

19 (4)(A) The Trust may negotiate and enter into

20 agreements, including contracts, leases, and coopera21 tive agreements, with any person including any gov22 ernmental entity) for the occupancy of any property

23 within the Presidio which the Trust manages.
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1 (B) Agreements under this paragraph shall be

2 subject to procedures jointly established by the Sec3 retary and the Trust under paragraph (5).

4 (C) Agreements under this paragraph may be en5 tered into without regard to section 321 of the Act of

6 June 30, 1932 (40 U.S.C. 303b).

7 (5) The Secretary and the Trust shall jointly es8 tablish procedures for agreements under paragraph

9 (4), including a requirement that in entering into

10 such agreements the Trust shall obtain such competi11 tion as is practicable in the circumstances.

12 (6) The Trust shall establish (through easements,

13 covenants, regulations, agreements, or otherwise) such

14 restrictions, standards, and requirements as are nec15 essary to assure the maintenance, protection, and aes16 thetic character of the property managed by the

17 Trust.

18 (7) The Trust may make commercially reason19 able loans to the occupants of property managed by

20 the Trust for the preservation, restoration, mainte21 nance, or repair of such property.

22 (8) The Trust may provide technical assistance

23 to the occupants of property managed by the Trust,

24 to assist such occupants in making repairs or im-
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1 provements to the property or applying for loans

2 under paragraph (7) of this section.

3 (9) The Trust may solicit and accept donations

4 of funds, property, supplies, or services from individ5 uals, foundations, corporations, and other private en6 tities, and from public entities, for the purpose of car7 rying out its duties.

8 (10) The Trust may retain any revenues from

9 leases or other agreements concerning property man10 aged by the Trust, including preexisting leases or

11 agreements and any donations, and use the proceeds

12 without further appropriation to offset any costs for

13 any function of the Trust authorized by this title, ex14 cept for those moneys transferred to the Secretary as

15 stipulated in paragraph (11).

16 (11) The Secretary and the Trust shall agree on

17 an amount of revenues received by the Trust to be

18 transferred to the Secretary, to be applied by the Sec19 retary, without further appropriation or offset to ap20 propriation, for common operating and maintenance

21 expenses at the Presidio.

22 (12)(A) The Trust may not (directly or indi23 rectly) borrow funds from any source other than the

24 Secretary of the Treasury, as provided in this para25 graph.
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1 (B)(i) If at any time the funds available to the

2 Trust are insufficient to enable the Trust to discharge

3 its responsibilities under this title, the Trust may

4 issue obligations to the Secretary of the Treasury, but

5 only if the Secretary of the Treasury agrees to pur6 chase such obligations after determining that the

7 projects to be funded from the proceeds thereof are

8 creditworthy.

9 (ii) The Secretary of the Treasury is authorized

10 to use as a public debt transaction the proceeds from

11 the sale of any securities issued under chapter 31 of

12 title 31, United States Code, and the purposes for

13 which securities may be issued under such chapter are

14 extended to include any purchase of such notes or ob15 ligations acquired by Secretary of the Treasury under

16 this subsection.

17 (C) The aggregate amount of obligations issued

18 under this paragraph which are outstanding at any

19 one time may not exceed $150,000,000.

20 (D) Obligations issued under this paragraph—

21 (i) shall be in such forms and denomina22 tions, bearing such maturities, and subject to

23 such terms and conditions, as may be prescribed

24 by the Secretary of the Treasury, and
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1 (ii) shall bear interest at a rate determined

2 by the Secretary of the Treasury, taking into

3 consideration current market yields on outstand4 ing marketable obligations of the United States

5 of comparable maturities.

6 (E) No funds appropriated to the Trust may be

7 used for repayment of principal or interest on, or re8 demption of, obligations issued under this paragraph.

9 (13) Upon the request of the Trust, the Secretary

10 of the Treasury shall invest excess moneys of the Trust

11 in public debt securities with maturities suitable to

12 the needs of the Trust, as determined by the Trust,

13 and bearing interest at rates determined by the Sec14 retary of the Treasury, taking into consideration cur15 rent market yields on outstanding marketable obliga16 tions of the United States of comparable maturity.

17 (14) The Trust may enter into and perform such

18 contracts and other transactions with any person,

19 firm, association, organization, corporation or gov20 ernmental entity as may be necessary or appropriate

21 to the conduct of activities authorized under this title.

22 (15) The Trust may execute all instruments nec23 essary or appropriate in the exercise of any of its

24 functions under this title, and may delegate to the

25 Executive Director such of its powers and responsibil-
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1 ities as it deems appropriate and useful for the ad2 ministration of the Trust.

3 (16) The Trust may obtain by purchase, rental,

4 donation, or otherwise, such goods and services as

5 may be needed to carry out its duties. In the event

6 of the termination of the Trust, all property and un7 expended funds shall be transferred to the Department

8 of the Interior, except that such funds shall only be

9 expended for the purposes of this title.

10 (17) The Trust shall procure insurance against

11 any loss in connection with the properties managed

12 by it as is reasonable and customary; and shall pro13 cure such additional insurance for losses arising out

14 of any of its authorized activities as is reasonable and

15 customary.

16 (18) The Trust may sue and be sued in its name

17 to the same extent as the Federal Government. All

18 litigation arising out of the activities of the Trust

19 shall be conducted by the Attorney General; the Trust

20 may retain private attorneys to provide advice and

21 counsel on transactional issues.

22 (19) The Trust may adopt, amend, and repeal

23 bylaws, rules, and regulations governing the manner

24 in which its business may be conducted and the pow25 ers vested in it may be exercised.
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1 (20) The Trust shall have perpetual succession.

2 (21) The Trust shall have an official seal selected

3 by the Board which shall be judicially noticed.

4 (22) The Trust shall have all necessary and

5 proper powers for the exercise of the authorities in6 vested in it.

7 (23) For purposes of complying with section 106

8 of the National Historic Preservation Act, the Trust

9 may work directly with the National Park Service,

10 the State Historic Preservation Office, and the Advi11 sory Council on Historic Preservation and enter into

12 programmatic agreements, where appropriate.

13 (i) USE OF FEDERAL PERSONNEL, FACILITIES, AND

14 SERVICES.—The Secretary and the heads of other Federal

15 departments and agencies may provide personnel, facilities,

16 and other administrative services to the Trust to assist it

17 in carrying out its duties under this title. Furthermore, the

18 Secretary and the heads of other Federal departments and

19 agencies may loan or transfer to the Trust excess or surplus

20 personal property deemed necessary for the management of

21 the Presidio.

22 (j) TAXES.—Since the exercise of the powers granted

23 by this section will be in all respects for the benefit of the

24 people, the Trust is hereby declared to be devoted to an es25 sential public and governmental function and purpose and
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1 shall be exempt from all taxes and special assessments of

2 every kind of the State of California, and its political sub3 divisions, including the City and County of San Francisco.

4 (k) VOLUNTEERS.—The Secretary may accept, without

5 regard to the Civil Service classification laws, rules, or reg6 ulations, the services of the Trust, the Board, and the offi7 cers, and employees and consultants of the Board, without

8 compensation from the Department of the Interior, as vol9 unteers in the performance of the functions authorized here10 in, in the manner provided for under the Volunteers in the

11 Parks Act of 1969 (16 U.S.C. 18g et seq.).

12 (l) SAVINGS CLAUSE.—Nothing in this section shall

13 preclude the Secretary from exercising any of his or her

14 lawful powers within the Presidio.

15 (m) AFFIRMATIVE ACTION.—The Trust shall ensure

16 that affirmative steps are taken, consistent with other Fed17 eral law, to afford equal access and equal opportunities for

18 leases, concessions, contracts, subcontracts, and other con19 tracting and employment opportunities to minorities,

20 women, and other socially and economically disadvantaged

21 individuals, commensurate with local availability.

22 (n) FINANCIAL STATEMENTS.—The financial state23 ments of the Trust shall be available for inspection by the

24 Secretary, the Inspector General of the Department of the

25 Interior, and the Comptroller General at any time and shall
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1 be audited in accordance with section 9105 of title 31, Unit2 ed States Code. Such audit shall be made available to the

3 Secretary and the Congress. Except as otherwise set forth

4 in this title, the Trust shall be subject to the provisions of

5 the Government Corporation Control Act (31 U.S.C. 9109

6 et seq.), including the budget and credit provisions. The

7 Trust shall submit its budget through and in consultation

8 with the Secretary.

9 (o) LEASING.—In managing and leasing the properties

10 transferred to it, the Trust should consider the extent to

11 which prospective tenants maximize the contribution to the

12 implementation of the General Management Plan and to

13 the generation of revenues to offset costs of the Presidio. If

14 the Trust has difficulty securing a tenant for a property

15 under its control, it may enter into negotiation with a pro16 spective tenant whose proposed use may be inconsistent

17 with the approved General Management Plan: Provided,

18 That the Trust may not enter into a lease which is incon19 sistent with the approved General Management Plan unless

20 the Secretary makes a finding that the proposed lease will

21 not have a detrimental effect on the natural, historical, sce22 nic and recreational values for which the Golden Gate Na23 tional Recreation Area was established. For major leasing

24 actions, the Trust shall submit the proposed lease to the Sec25 retary of the Interior or his designee for a period of 10
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1 working days for his review of the lease for consistency with

2 the General Management Plan. Before executing the lease,

3 the Trust shall consider issues of consistency raised by the

4 Secretary or his designee.

5 (p) APPLICATION OF OTHER LAWS.—(1) All general

6 penal statutes relating to the larceny, embezzlement, or con7 version of public moneys or property of the United States

8 shall apply to the moneys and property of the Trust.

9 (2)(A) Except as provided in subparagraphs (B) and

10 (C), Federal laws and regulations governing procurement

11 by Federal agencies shall apply to the Trust.

12 (B) The Secretary may authorize the Trust, in exercis13 ing authority under section 303(g) of the Federal Property

14 and Administrative Services Act of 1949 (40 U.S.C. 253(g))

15 relating to simplified purchase procedures, to use as the dol16 lar limit of each purchase or contract under that subsection

17 an amount which does not exceed $500,000.

18 (C) The Secretary may authorize the Trust, in carry19 ing out the requirement of section 18 of the Office of Federal

20 Procurement Policy Act (41 U.S.C. 416) to furnish to the

21 Secretary of Commerce for publication notices of proposed

22 procurement actions, to use as the applicable dollar thresh23 old for each expected procurement an amount which does

24 not exceed $1,000,000.
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1 (q) GOLDEN GATE NATIONAL RECREATION AREA AD2 VISORY COMMISSION.—The Trust shall maintain liaison

3 with the Golden Gate National Recreation Area Advisory

4 Commission in matters relating to the General Management

5 Plan, and shall meet with the Commission at least annu6 ally.

7 (r) REVERSION.—In the event of failure or default, all

8 interests and assets of the Trust shall revert to the United

9 States to be administered by the Secretary.

10 (s) REPORT.—The Trust shall annually transmit to

11 the Secretary and the Congress a comprehensive and de12 tailed report of its operations, activities, and accomplish13 ments for the prior fiscal year. The report also shall include

14 a section that describes, in general terms, the Trust’s goals

15 for the current fiscal year. The portion of the report con16 taining the audited financial statement may be submitted

17 at a later date, but no later than the first day of March

18 of such year.

19 (t) AUTHORIZATION OF APPROPRIATIONS FOR PRE20 SIDIO.—For purposes of the Presidio, including the Presidio

21 Trust, there is authorized to be appropriated to the Sec22 retary such sums as may be necessary, but the aggregate

23 of funds appropriated for purposes of the Presidio (exclud24 ing the Presidio Trust) under this subsection and under the

25 Act entitled ‘‘An Act to establish the Golden Gate National
49

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1 Recreation Area in the State of California, and for other

2 purposes’’, approved October 27, 1972 (Public Law 92–589;

3 86 Stat. 1299; 16 U.S.C. 460bb) may not exceed

4 $25,000,000 in any one fiscal year. Funds appropriated

5 under this Act (other than funds appropriated for oper6 ations) remain available until expended.

7 (u) SEPARABILITY OF PROVISIONS.—If any provisions

8 of this Act or the application thereof to any body, agency,

9 situation, or circumstance is held invalid, the remainder

10 of the Act and the application of such provision to other

11 bodies, agencies, situations, or circumstances shall not be

12 affected thereby.

13 TITLE II—INITIATIVES PERTAINING TO

14 THE LOWER MISSISSIPPI DELTA REGION

15 SEC. 201. FINDINGS.

16 (a) The Congress finds that—

17 (1) in 1988, Congress enacted Public Law 100–

18 460, establishing the Lower Mississippi Delta Devel19 opment Commission, to assess the needs, problems,

20 and opportunities of people living in the Lower Mis21 sissippi Delta Region that includes 219 counties and

22 parishes within the States of Arkansas, Illinois, Ken23 tucky, Louisiana, Mississippi, Missouri, and Ten24 nessee;
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1 (2) the Commission conducted a thorough inves2 tigation to assess these needs, problems, and opportu3 nities, and held several public hearings throughout the

4 Delta Region;

5 (3) on the basis of these investigations, the Com6 mission issued the Delta Initiatives Report, which in7 cluded recommendations on natural resource protec8 tion, historic preservation, and the enhancement of

9 educational and other opportunities for Delta resi10 dents;

11 (4) the Delta Initiatives Report recommended—

12 (A) designating the Great River Road as a

13 scenic byway, and designating other hiking and

14 motorized trails throughout the Delta Region;

15 (B) that the Federal Government identify

16 sites and structures of historic and prehistoric

17 importance throughout the Delta Region;

18 (C) the further study of potential new units

19 of the National Park System within the Delta

20 Region; and

21 (D) that Federal agencies target more mon22 ies in selected areas to institutions of higher edu23 cation in the Delta Region, especially Histori24 cally Black Colleges and Universities.
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1 SEC. 202. DEFINITIONS.

2 As used in this title, the term—

3 (1) ‘‘Commission’’ means the Lower Mississippi

4 Delta Development Commission established pursuant

5 to Public Law 100–460;

6 (2) ‘‘Delta Initiatives Report’’ means the May

7 14, 1990 Final Report of the Commission entitled

8 ‘‘The Delta Initiatives: Realizing the

9 Dream . . . Fulfilling the Potential’’;

10 (3) ‘‘Delta Region’’ means the Lower Mississippi

11 Delta Region including the 219 counties and parishes

12 within the States of Arkansas, Illinois, Kentucky,

13 Louisiana, Mississippi, Missouri, and Tennessee, as

14 defined in the Delta Initiatives Report, except that,

15 for any State for which the Delta Region as defined

16 in such report comprises more than half of the geo17 graphic area of such State, the entire State shall be

18 considered part of the Delta Region for purposes of

19 this title;

20 (4) ‘‘Department’’ means the United States De21 partment of the Interior, unless otherwise specifically

22 stated;

23 (5) ‘‘Historically Black College or University’’

24 means a college or university that would be consid25 ered a ‘‘part B institution’’ by section 322(2) of the

26 Higher Education Act of 1965 (20 U.S.C. 1061(2));
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1 (6) ‘‘minority college or university’’ means a

2 Historically Black College or University that would

3 be considered a ‘‘part B institution’’ by section

4 322(2) of the Higher Education Act of 1965 (20

5 U.S.C. 1061(2)) or a ‘‘minority institution’’ as that

6 term is defined in section 1046 of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1135d–5(3)).

8 (7) ‘‘Secretary’’ means the Secretary of the Inte9 rior, unless otherwise specifically stated.

10 SEC. 203. NATURAL RESOURCES AND ENVIRONMENTAL

11 EDUCATIONAL INITIATIVES.

12 (a) OFFICE OF EDUCATION.—(1) There shall be estab13 lished within the Department an Office of Education to en14 courage, support, and coordinate educations programs of

15 the Department at the elementary, secondary, college and

16 university, and graduate levels.

17 (2) The goals of the Office of Education shall be to—

18 (A) enhance the quality of education in the areas

19 of natural resources, the environment, the sciences,

20 cultural resource management, historic preservation,

21 archeology, aquaculture, and related subjects;

22 (B) establish initiatives at minority colleges or

23 universities;

24 (C) encourage the consideration of careers in the

25 areas of natural resources, the environment, the
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1 sciences, cultural resource management, historic pres2 ervation, archeology, aquaculture, and related sub3 jects;

4 (D) enhance teacher development and recruit5 ment;

6 (E) increase research opportunities for teachers

7 and students;

8 (F) enhance curriculum development; and

9 (G) improve laboratory instrumentation and

10 equipment through purchase, loan, or other transfer

11 mechanisms.

12 (b) DUTIES.—The duties of the Secretary, through the

13 Office of Education, shall be to—

14 (1) coordinate the educational programs within

15 the Department, including implementation of pro16 grams established under this title, in order to ensure

17 the goals of the Office of Education are met; and

18 (2) inventory existing education programs with19 in the Department.

20 (c) REPORT.—The Secretary shall report to Congress,

21 within one year after the date of the enactment of this title

22 and annually thereafter, on an inventory of existing edu23 cation programs of the Department, the status of such pro24 grams, and progress toward meeting the goals of the Office

25 of Education as established in this Act.
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1 (d) MINORITY COLLEGE AND UNIVERSITY INITIA2 TIVE.—(1) Within one year after the date of enactment of

3 this title, and annually thereafter, the Secretary, through

4 the Office of Education, shall submit to the Committee on

5 Energy and Natural Resources of the United States Senate

6 and to the United States House of Representatives a report

7 identifying opportunities for minority colleges or univer8 sities to participate in programs and activities carried out

9 by the Department. The Secretary, through the Office of

10 Education, shall consult with representatives of minority

11 colleges or universities in preparing the report. Such report

12 shall—

13 (A) describe ongoing education and training pro14 grams carried out by the Department with respect to,

15 or in conjunction with, minority colleges or univer16 sities in the areas of natural resources, the environ17 ment, the sciences, cultural resource management, his18 toric preservation, archeology, aquaculture, and relat19 ed subjects;

20 (B) describe ongoing research, development or

21 demonstration programs involving the Department

22 and minority colleges or universities;

23 (C) describe funding levels for the programs re24 ferred to in subparagraphs (A) and (B);
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1 (D) include specific proposals and recommenda2 tions for providing assistance to minority colleges and

3 universities to enter into memoranda of understand4 ing and other appropriate forms of agreement with

5 the Department in order to plan and develop pro6 grams to foster greater involvement of these schools in

7 the contract, research, education, training, and re8 cruitment activities of the Department;

9 (E) address the need for, and potential role of,

10 the Department in providing minority colleges or

11 universities with the following—

12 (i) increased research opportunities for fa13 cility and students;

14 (ii) assistance in faculty development and

15 recruitment;

16 (iii) curriculum enhancement and develop17 ment; and

18 (iv) improved laboratory instrumentation

19 and equipment, through purchase, loan, or other

20 transfer mechanisms.

21 (F) address the need for, and potential role of,

22 the Department in providing financial and technical

23 assistance for the development of infrastructure facili24 ties, including buildings and laboratory facilities, at

25 minority colleges or universities; and
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1 (G) include specific proposals and recommenda2 tions, together with estimates of necessary funding

3 levels, for initiatives to be carried out by the Depart4 ment in order to assist minority colleges or univer5 sities in providing education and training in the

6 areas of natural resources, the environment, the

7 sciences, cultural resource management, historic pres8 ervation, archeology, aquaculture, and related sub9 jects.

10 (2) The Secretary, through the Office of Education,

11 shall encourage memoranda of understanding and other ap12 propriate forms of agreement between the Department and

13 minority colleges or universities directed at jointly plan14 ning and developing programs to foster greater involvement

15 of minority colleges or universities in the research, edu16 cation, training, and recruitment activities of the Depart17 ment.

18 (e) SCHOLARSHIP PROGRAM.—The Secretary, through

19 the Office of Education, shall establish a scholarship pro20 gram for students pursuing undergraduate or graduate de21 grees in natural resource and environmental related fields

22 including, but not limited to: biology, wildlife biology, for23 estry, botany, horticulture, historic preservation, cultural

24 resource management, archeology, anthropology, aqua25 culture, geology, engineering, the environment, the sciences,
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1 and ecology at minority colleges and universities in the

2 Delta Region. The scholarship program shall include tui3 tion assistance. Recipients of such scholarships shall be stu4 dents deemed by the Secretary to have demonstrated—

5 (1) a need for such assistance; and

6 (2) academic potential in the particular area of

7 study.

8 (f) PRE-COLLEGE EDUCATION.—The Secretary,

9 through the Office of Education, shall undertake activities

10 to encourage pre-college education programs in subjects re11 lating to natural resources, the environment, the sciences,

12 cultural resource management, historic preservation, arche13 ology, aquaculture, and related subjects, for students in the

14 Delta Region. Such activities shall include, but not be lim15 ited to, the following—

16 (1) cooperation with, and assistance to, State de17 partments of education and local school districts in

18 the Delta Region to develop and carry out afterschool

19 and summer education programs for elementary, mid20 dle, and secondary school students;

21 (2) cooperation with, and assistance to, institu22 tions of higher education in the Delta Region to de23 velop and carry out pre-college education programs

24 for elementary, middle, and secondary school students;
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1 (3) cooperation with, and assistance to, State de2 partments of education and local school districts in

3 the Delta Region in the development and use of cur4 riculum and educational materials; and

5 (4) the establishment of education programs for

6 elementary, middle, and secondary school teachers in

7 the Delta Region at research facilities of the Depart8 ment.

9 (g) VOLUNTEER PROGRAM.—The Secretary, through

10 the Office of Education, shall establish and carry out a pro11 gram to encourage the involvement on a voluntary basis

12 of qualified employees of the Department in educational en13 richment programs relating to natural resources, the envi14 ronment, the sciences, cultural resource management, his15 toric preservation, archeology, aquaculture, and related sub16 jects, in cooperation with State departments of education

17 and local school districts in the Delta Region.

18 (h) WOMEN AND MINORITIES IN THE SCIENCES.—The

19 Secretary, through the Office of Education, shall establish

20 a Center for Excellence in the Sciences at Alcorn State in

21 Lorman, Mississippi, in cooperation with Southern Univer22 sity in Baton Rouge, Louisiana, and the University of Ar23 kansas at Pine Bluff, Arkansas, and other minority colleges

24 or universities for purposes of encouraging women and mi25 nority students in the Delta Region to study and pursue
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1 careers in the sciences. The Center shall enter into coopera2 tive agreements with Southern University in Baton Rouge,

3 Louisiana, and the University of Arkansas at Pine Bluff,

4 Arkansas, and other minority colleges and universities in

5 the Delta Region, to carry out affiliated programs and co6 ordinate program activities at such colleges and univer7 sities. The Secretary is authorized to provide grants and

8 other forms of financial assistance to the Center.

9 (i) CENTER FOR AQUACULTURE STUDIES.—The Sec10 retary, through the Office of Education, shall establish a

11 Center for Aquaculture Studies at the University of Arkan12 sas at Pine Bluff, Arkansas, in cooperation with Southern

13 University in Baton Rouge, Louisiana, and Alcorn State

14 in Lorman, Mississippi, and other minority colleges or uni15 versities for purposes of encouraging women and minority

16 students in the Delta Region to study and pursue careers

17 in the field of aquaculture. The Center shall enter into coop18 erative agreements with Southern University in Baton

19 Rouge, Louisiana, and Alcorn State in Lorman, Mis20 sissippi, and other minority colleges or universities in the

21 Delta Region to carry out affiliated program and coordi22 nate program activities at such colleges or universities.

23 (j) COORDINATION WITH OTHER FEDERAL AGEN24 CIES.—The Secretary, through the Office of Education,

25 shall ensure that the programs authorized in this section
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1 are coordinated with, and complimentary to, educational

2 assistance programs administered by other Federal agen3 cies. These agencies include, but are not limited to, the De4 partment of Energy, the Department of Agriculture, the De5 partment of Education, the Department of Defense, the Na6 tional Science Foundation, and the National Aeronautics

7 and Space Administration.

8 SEC. 204. LOWER MISSISSIPPI DELTA REGION HERITAGE

9 STUDY.

10 (a) IN GENERAL.—The Secretary, in consultation with

11 the States of the Delta Region, the Lower Mississippi Delta

12 Development Center, and other appropriate Delta Region

13 institutions, is directed to prepare and transmit to the Con14 gress within three years after the date of the enactment of

15 this title, a study of significant natural, recreational, his16 torical or prehistorical, and cultural lands, waters, sites,

17 and structures located within the Delta Region. This study

18 shall take into consideration the research and inventory of

19 resources conducted by the Mississippi River Heritage Cor20 ridor Study Commission.

21 (b) TRANSPORTATION ROUTES.—(1) The study shall

22 include recommendations on appropriate designation and

23 interpretation of historically significant roads, trails, by24 ways, waterways, or other routes within the Delta Region.
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1 (2) In order to provide for public appreciation, edu2 cation, understanding, interpretation, and enjoyment of the

3 significant sites identified pursuant to subsection (a), which

4 are accessible by public roads, the Secretary shall rec5 ommend in the study vehicular tour routes along existing

6 public roads linking such sites within the Delta Region

7 (3) Such recommendations shall include an analysis

8 of designating the Great River Road (as depicted on the

9 map entitled ‘‘Proposed Delta Transportation Network’’ on

10 pages 102–103 of the Delta Initiatives Report) and other

11 sections of the Great River Road between Baton Rouge and

12 New Orleans, Louisiana and an analysis of designating

13 that portion of the Old Antonio Road and the Louisiana

14 Natchez Trace which extends generally along Highway 84

15 from Vidalia, Louisiana, to Clarence, Louisiana, and Lou16 isiana Highway 6 from Clarence, Louisiana, to the Toledo

17 Bend Reservoir, Louisiana, as a National Scenic Byway,

18 or as a component of the National Trails System, or such

19 other designation as the Secretary deems appropriate.

20 (4) The Secretary shall also recommend in the study

21 an appropriate route along existing public roads to com22 memorate the importance of timber production and trade

23 to the economic development of the Delta Region in the

24 early twentieth century, and to highlight the continuing im25 portance of timber production and trade to the economic
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1 life of the Delta Region. Recommendations shall include an

2 analysis of designating that portion of US 165 which ex3 tends from Alexandria, Louisiana, to Monroe, Louisiana,

4 as a National Scenic Byway, or as a component of the Na5 tional Trails System, or such other designation as the Sec6 retary deems appropriate.

7 (5) The study also include a comprehensive recreation,

8 interpretive, and visitor use plan for the routes described

9 in the above paragraphs, including bicycle and hiking

10 paths, and make specific recommendations for the acquisi11 tion and construction or related interpretive and visitor in12 formation facilities at selected sites along such routes.

13 (6) The Secretary is authorized to make grants to

14 States for work necessary to stabilize, maintain, and widen

15 public roads to allow for adequate access to the nationally

16 significant sites and structures identified by the study, to

17 allow for proper use of the vehicular tour route, trails, by18 ways, including the routes defined in paragraphs (3) and

19 (4) or other public roads within the Delta Region and to

20 implement the comprehensive recreation, interpretive, and

21 visitor use plan required in paragraph (5).

22 (c) LISTING.—On the basis of the study, and in con23 sultation with the National Trust for Historic Preservation,

24 the Secretary shall inventory significant structures and

25 sites in the Delta Region. The Secretary shall further rec-
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1 ommend and encourage cooperative preservation and eco2 nomic development efforts such as the establishment of pres3 ervation districts linking groups of contiguous counties or

4 parishes, especially those that lie along the aforementioned

5 designated routes. The Secretary shall prepare a list of the

6 sites and structures for possible inclusion by the National

7 Park Service as National Historic Landmarks or such other

8 designation as the Secretary deems appropriate.

9 SEC. 205. DELTA REGION HERITAGE CORRIDORS AND HER10 ITAGE AND CULTURAL CENTERS.

11 (a) FINDINGS.—The Congress finds that—

12 (1) in 1990, the Congress authorized the Institute

13 of Museum Services to prepare a report assessing the

14 needs of small, emerging, minority, and rural muse15 ums in order to identify the resources such museums

16 needed to meet their educational mission, to identify

17 the areas of museum operation in which the needs

18 were greatest, and to make recommendations on how

19 these needs could best be met;

20 (2) the Institute of Museum Services undertook a

21 comprehensive eighteen month study of such needs

22 with the assistance of two advisory groups, surveyed

23 524 museums from throughout the Nation, held dis24 cussion groups in which representatives of 25 museum
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1 groups participated, and conducted case studies of 12

2 museum facilities around the Nation;

3 (3) on the basis of this assessment, the Institute

4 of Museum Services issued a report in September,

5 1992, entitled, ‘‘National Needs Assessment of Small,

6 Emerging, Minority and Rural Museums in the

7 United States’’ (hereinafter ‘‘National Needs Assess8 ment’’) which found that small, emerging minority,

9 and rural museums provide valuable educational and

10 cultural resources for their communities and contain

11 a reservoir of the Nation’s material, cultural and his12 torical heritage, but due to inadequate resources are

13 unable to meet their full potential or the demands of

14 the surrounding communities;

15 (4) the needs of these institutions are not being

16 met through existing Federal programs;

17 (5) fewer than half of the participants in the

18 survey had applied for Federal assistance in the past

19 two years and that many small, emerging, minority

20 and rural museums believe existing Federal programs

21 do not meet their needs;

22 (6) based on the National Needs Assessment, that

23 funding agencies should increase support available to

24 small, emerging, minority, and rural museums and

25 make specific recommendations for increasing tech-
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1 nical assistance in order to identify such institutions

2 and provide assistance to facilitate their participa3 tion in Federal programs;

4 (7) the Delta Initiatives Report made specific

5 recommendations for the creation and development of

6 centers for the preservation of the cultural, historical,

7 and literary heritage of the Delta Region, including

8 recommendations for the establishment of a Delta Re9 gion Native American Heritage and Cultural Center

10 and a Delta Region African American Heritage and

11 Cultural Center with additional satellite centers or

12 museums linked throughout the Delta Region;

13 (8) the Delta Initiatives Report stated that new

14 ways of coordinating, preserving, and promoting the

15 Delta Region’s literature, art, and music should be es16 tablished including the creation of a network to pro17 mote the Delta Region’s literary, artistic, and musical

18 heritage; and

19 (9) wholesale destruction and attrition of archeo20 logical sites and structures has eliminated a signifi21 cant portion of Native American heritage as well as

22 the interpretive potential of the Delta Region’s parks

23 and museums. Furthermore, site and structure de24 struction is so severe that an ambitious program of
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1 site and structure acquisition in the Delta Region is

2 necessary.

3 (b) IN GENERAL.—The Secretary, in consultation with

4 the States of the Delta Region, the Chairman of the Na5 tional Endowment for the Arts, the Chairman of the Na6 tional Endowment for the Humanities, the Director of the

7 Smithsonian Institution, the Lower Mississippi Delta De8 velopment Center, Historically Black Colleges and Univer9 sities, and appropriate African American, Native American

10 and other relevant institutions or organizations in the

11 Delta Region, is further directed to prepare and transmit

12 to the Congress a plan outlining specific recommendations,

13 including recommendations for necessary funding, for the

14 establishment of a Delta Region Native American Heritage

15 Corridor and Heritage and Cultural Center and a Delta

16 Region African American Heritage Corridor and Heritage

17 and Cultural Center with a network of satellite or coopera18 tive units.

19 (c) DELTA REGION NATIVE AMERICAN HERITAGE

20 CORRIDOR AND CULTURAL CENTER.—(1) The plan referred

21 to in subsection (b) of this section shall include rec22 ommendations for establishing a network of parks, muse23 ums, and other centers to interpret Native American culture

24 and heritage in the Delta Region, including a ten year de25 velopment strategy for such a network.
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1 (2) Such plan shall include specific proposals for the

2 development of a Native American Heritage Corridor and

3 Heritage and Cultural Center in the Delta Region, along

4 with recommendations for the appropriate Federal role in

5 such a center including matching grants, technical and in6 terpretive assistance.

7 (3) Such plan shall be conducted in consultation with

8 tribal leaders in the Delta Region.

9 (4) Such plan shall also include specific proposals for

10 educational and training assistance for Delta Region Na11 tive Americans to carry out the recommendations provided

12 in the study.

13 (d) DELTA REGION AFRICAN AMERICAN HERITAGE

14 CORRIDOR AND HERITAGE AND CULTURAL CENTER.—(1)

15 The plan referred to in subsection (b) of this section shall

16 include recommendations for establishing a heritage cor17 ridor or trail system, consisting of one or two major north18 south routes and several east-west-spur loops to preserve,

19 interpret and commemorate the African American heritage

20 and culture in the Delta Region during all significant his21 torical periods.

22 (2) Such plan shall make specific recommendations for

23 representing all forms of expensive culture including the

24 musical, folklore, literary, artistic, scientific, historical,
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1 educational, and political contributions and accomplish2 ments of African Americans in the Delta Region.

3 (3) Such plan shall make specific recommendations for

4 implementing the findings of the Delta Initiatives Report

5 with respect to establishing an African American Heritage

6 Corridor and Heritage and Cultural Center and related sat7 ellite museums in the Delta Region, together with specific

8 funding levels necessary to carry out these recommendations

9 and shall also include recommendations for improving ac10 cess of small, emerging, minority or rural museums to tech11 nical and financial assistance.

12 (4) Such plan shall be conducted in consultation with

13 institutions of higher education in the Delta Region with

14 expertise in African American studies, Southern studies,

15 archeology, anthropology, history and other relevant fields.

16 (5) Such plan shall make specific recommendations for

17 improving educational programs offered by existing cul18 tural facilities and museums as well as establishing new

19 outreach programs for elementary, middle and secondary

20 schools, including summer programs for youth in the Delta

21 Region.

22 (e) GRANTS.—(1) In furtherance of the purposes of this

23 section, the Secretary is authorized to make planning

24 grants to State Humanities Councils in the Delta Region

25 to assist small, emerging, minority and rural museums se-
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1 lected on a financial needs basis in the development of a

2 comprehensive long term plan for these institutions. The

3 Secretary is also authorized to make implementation grants

4 to State Humanities Councils in the Delta Region who, in

5 consultations with State Museum Associations, shall make

6 grants to small, emerging, minority or rural museums for

7 the purpose of carrying out an approved plan for training

8 personnel, improving exhibits or other steps necessary to as9 sure the integrity of collections in their facilities, for edu10 cational outreach programs, or for other activities the Sec11 retary deems appropriate including the promotion of tour12 ism in the region. Such institutions shall be selected com13 petitively and on the basis of demonstrated financial need.

14 The Secretary is also authorized to make grants to State

15 Humanities Councils to update, simplify and coordinate

16 the respective State Works Progress Administration guides

17 and to develop a single comprehensive guide for the Delta

18 Region.

19 (2) The Secretary is authorized to provide grants and

20 other appropriate technical assistance to State Humanities

21 Councils, State Museum Associations, and State Arts Coun22 cils in the Delta Region for the purpose of assessing the

23 needs of such institutions. Such grants may be used by these

24 institutions to undertake such an assessment and to provide

25 other technical, administrative and planning assistance to
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1 small, emerging, minority or rural institutions seeking to

2 preserve the Delta Region’s literary, artistic, and musical

3 heritage.

4 (f) MUSIC HERITAGE PROGRAM.—(1) The plan re5 ferred to in subsection (b) of this section shall include rec6 ommendations for establishing a Music Heritage Program,

7 with specific emphasis on the Mississippi Delta Blues. The

8 plan shall include specific recommendations for developing

9 a network of heritage sites, structures, small museums, and

10 festivals in the Delta Region.

11 (2) The plan shall include an economic strategy for

12 the promotion of the Delta Region’s music, through the par13 ticipation of musicians, festival developers, museum opera14 tors, universities, and other relevant individuals and orga15 nizations.

16 (g) COMPLETION DATE.—The plan authorized in this

17 section shall be completed not later than three years after

18 the date funds are made available for such plan.

19 SEC. 206. HISTORIC AND PREHISTORIC STRUCTURES AND

20 SITES SURVEY.

21 (a) ASSISTANCE.—The Secretary is authorized to pro22 vide technical and financial assistance to Historically

23 Black Colleges and Universities to undertake a comprehen24 sive survey of historic and prehistoric structures and sites

25 located on their campuses, including recommendations as
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1 to the inclusion of appropriate structures and sites on the

2 National Register of Historic Places, designation as Na3 tional Historic Landmarks, or other appropriate designa4 tion as determined by the Secretary. The Secretary shall

5 also make specific proposals and recommendations, together

6 with estimates of necessary funding levels, for a comprehen7 sive plan to be carried out by the Department to assist His8 torically Black Colleges and Universities in the preservation

9 and interpretation of such sites and structures.

10 (b) GRANTS.—In furtherance of the purposes of this

11 section, the Secretary is authorized to provide technical and

12 financial assistance to Historically Black Colleges and Uni13 versities for stabilization, preservation and interpretation

14 of such sites and structures.

15 SEC. 207. DELTA ANTIQUITIES SURVEY.

16 (a) IN GENERAL.—(1) The Secretary is directed to

17 prepare and transmit to the Congress, in cooperation with

18 the States of the Delta Region, State Archaeological Surveys

19 and Regional Archeological Centers, a study of the feasibil20 ity of establishing a Delta Antiquities Trail or Delta Antiq21 uities Heritage Corridor in the Delta Region.

22 (2) Such study shall, to the extent practicable, use

23 nonintrusive methods of identifying, surveying,

24 inventorying, and stabilizing ancient archeological sites

25 and structures.
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1 (3) In undertaking this study, the Secretary is directed

2 to enter into cooperative agreements with the States of the

3 Delta Region, the State Archeological Surveys, and Re4 gional Archeological Centers located in Delta Region insti5 tutions of higher education for on-site activities including

6 surveys, inventories, and stabilization and other activities

7 which the Secretary deems appropriate.

8 (4) In addition to the over 100 known ancient archeo9 logical sites located in the Delta Region including Watson’s

10 Brake, Frenchman’s Bend, Hedgepeth, Monte Sano, Ba11 nana Bayou, Hornsby, Parkin, Toltec, Menard-Hodges,

12 Eaker, Blytheville Mound, Nodena, Taylor Mounds, DeSoto

13 Mound and others, such study shall also employ every prac14 tical means possible, including assistance from the National

15 Aeronautics and Space Administration, the Forest Service

16 and Soil Conservation Service of the Department of Agri17 culture, the Army Corps of Engineers of the Department

18 of Defense, and other appropriate Federal agencies, to locate

19 and confirm the existence of a site known as Balbansha in

20 southern Louisiana and a site known as Autiamque in Ar21 kansas. The heads of these Federal agencies shall cooperate

22 with the Secretary as the Secretary requires on a non-reim23 bursable basis.

24 (b) TECHNICAL ASSISTANCE.—In furtherance of the

25 purposes of this section, the Secretary is authorized to pro-
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1 vide technical assistance and grants to private landowners

2 for necessary stabilization activities of identified sites and

3 for preparing recommendations for designating such sites

4 as National Landmarks or other appropriate designations

5 as the Secretary, with the concurrence of the landowners,

6 determines to be appropriate.

7 (c) COOPERATIVE AGREEMENTS.—The Secretary is

8 authorized to enter into cooperative agreements with the

9 States, State Archeological Surveys, and Regional Archeo10 logical Centers of the Delta Region to develop a ten-year

11 plan for the stabilization, preservation, and interpretation

12 of those sites and structures as may be identified by the

13 Secretary.

14 SEC. 208. HISTORIC AND ARCHEOLOGICAL RESOURCES

15 PROGRAM.

16 (a) PROGRAM.—The Secretary shall conduct a com17 prehensive program for the research, interpretation, and

18 preservation of significant historic and archeological re19 sources in the Delta Region.

20 (b) ELEMENTS OF THE PROGRAM.—The program shall

21 include, but not be limited to—

22 (1) identification of research projects related to

23 historic and archeological resources in the Delta Re24 gion and a proposal for the regular publication of re25 lated research materials and publications;
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1 (2) the development of a survey program to in2 vestigate, inventory, and further evaluate known his3 toric and archeological sites and structures and iden4 tify those sites and structures that require additional

5 study;

6 (3) identification of a core system of interpretive

7 sites and structures that would provide a comprehen8 sive overview of historic and archeological resources of

9 the Delta Region;

10 (4) preparation of educational materials to in11 terpret the historical and archeological resources of

12 the Delta Region; and

13 (5) preparation of surveys and archeological and

14 historical investigations of sites, structures, and arti15 facts relating to the Delta Region, including the prep16 aration of reports, maps, and other related activities.

17 (c) GRANTS AND TECHNICAL ASSISTANCE.—(1) The

18 Secretary is authorized to award grants to qualified tribal,

19 governmental and non-governmental entities and individ20 uals to assist the Secretary in carrying out those elements

21 of the program which the Secretary deems appropriate.

22 (2) The Secretary is further authorized to award

23 grants and provide other types of technical and financial

24 assistance to such entities and individuals to conserve and

25 protect historic and archeological sites and structures in the
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1 Delta Region identified in the program prepared pursuant

2 to this section.

3 (d) DEMONSTRATION PROJECT.—The Secretary shall

4 establish a national demonstration project for the conserva5 tion and curation of the archeological records and collec6 tions of Federal and State management agencies in the

7 Delta Region.

8 SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

9 There is authorized to be appropriated such sums as

10 may be necessary to carry out this title.

11 TITLE III—NEW ORLEANS JAZZ NATIONAL

12 HISTORICAL PARK

13 SEC. 301. SHORT TITLE.

14 This title may be cited as the ‘‘New Orleans Jazz

15 National Historical Park Act of 1994’’.

16 SEC. 302. FINDINGS AND PURPOSE.

17 (a) FINDINGS.—The Congress finds that:

18 (1) Jazz is the United States’ most widely recog19 nized indigenous music and art form. Congress pre20 viously recognized jazz in 1987 through Senate Con21 current Resolution 57 as a rare and valuable national

22 treasure of international importance.

23 (2) The city of New Orleans is widely recognized

24 as the birthplace of jazz. In and around this city, cul25 tural and musical elements blended to form the
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1 unique American music that is known as New Orle2 ans jazz, which is an expression of the cultural diver3 sity of the lower Mississippi Delta Region.

4 (3) Jean Lafitte National Historical Park and

5 Preserve was established to commemorate the cultural

6 diversity of the lower Mississippi Delta Region in7 cluding a range of cultural expressions like jazz.

8 (b) PURPOSE.—In furtherance of the need to recognize

9 the value and importance of jazz, it is the purpose of this

10 title to establish a New Orleans Jazz National Historical

11 Park to preserve the origins, early history, development and

12 progression of jazz; provide visitors with opportunities to

13 experience the sights, sounds, and places where jazz evolved;

14 and implement innovative ways of establishing jazz edu15 cational partnerships that will help to ensure that jazz con16 tinues as a vital element of the culture of New Orleans and

17 our Nation.

18 SEC. 303. ESTABLISHMENT.

19 (a) IN GENERAL.—In order to assist in the preserva20 tion, education, and interpretation of jazz as it has evolved

21 in New Orleans, and to provide technical assistance to a

22 broad range of organizations involved with jazz music and

23 its history, there is hereby established the New Orleans Jazz

24 National Historical Park (hereinafter referred to as the

25 ‘‘historical park’’). The historical park shall be adminis-
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1 tered in conjunction with the Jean Lafitte National Histor2 ical Park and Preserve, which was established to preserve

3 and interpret the cultural and natural resources of the

4 lower Mississippi Delta Region.

5 (b) AREA INCLUDED.—The historical park shall con6 sist of lands and interests therein as follows:

7 (1) Lands which the Secretary of the Interior

8 (hereinafter referred to as ‘‘the Secretary’’) may des9 ignate for an interpretive visitor center complex.

10 (2) Sites that are the subject of cooperative agree11 ments with the National Park Service for the pur12 poses of interpretive demonstrations and programs as13 sociated with the purposes of this title.

14 (3)(A) Sites designated by the Secretary as pro15 vided in subparagraph (B).

16 (B)(i) No later than 18 months after the date of

17 enactment of this title, the Secretary is directed to

18 complete a national historic landmark evaluation of

19 sites associated with jazz in and around New Orleans

20 as identified in the document entitled ‘‘New Orleans

21 Jazz Special Resources Study’’, prepared by the Na22 tional Park Service pursuant to Public Law 101–499.

23 In undertaking the evaluation, the Secretary shall, to

24 the extent practicable, utilize existing information re25 lating to such sites.
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1 (ii) If any of the sites evaluated are found to

2 meet the standards of the National Park Service tests

3 of suitability and feasibility, and offer outstanding

4 opportunities to further the purposes of this title, the

5 Secretary may designate such sites as part of the his6 toric park, following consultation with the owners of

7 such sites, the city of New Orleans, the Smithsonian

8 Institution, and the New Orleans Jazz Commission,

9 and notification to the Committee on Energy and

10 Natural Resources of the United States Senate and

11 the Committee on Natural Resources of the United

12 States House of Representatives.

13 SEC. 304. ADMINISTRATION.

14 (a)(1) IN GENERAL.—The Secretary shall administer

15 the historical park in accordance with this title and with

16 provisions of law generally applicable to units of the Na17 tional Park System, including the Act entitled ‘‘An Act to

18 establish a National Park Service, and for other purposes’’,

19 approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–

20 4); and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C.

21 461–467). The Secretary shall manage the historical park

22 in such a manner as will preserve and perpetuate knowl23 edge and understanding of the history of jazz and its contin24 ued evolution as a true American art form.
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1 (2) To minimize operational costs associated with the

2 management and administration of the historical park and

3 to avoid duplication of effort, the Secretary shall, to the

4 maximum extent practicable, utilize the facilities, adminis5 trative staff and other services of the Jean Lafitte National

6 Historical Park and Preserve.

7 (b) DONATIONS.—The Secretary may accept and re8 tain donations of funds, property, or services from individ9 uals, foundations, corporations, or other public entities for

10 the purposes of providing services, programs, and facilities

11 that further the purposes of this title.

12 (c) INTERPRETIVE CENTER.—The Secretary is author13 ized to construct, operate, and maintain an interpretive

14 center in the historical park on lands identified by the Sec15 retary pursuant to section 303(b)(1). Programs at the cen16 ter shall include, but need not be limited to, live jazz

17 interpretive and educational programs, and shall provide

18 visitors with information about jazz-related programs, per19 formances, and opportunities.

20 (d) JAZZ HERITAGE DISTRICTS.—The Secretary may

21 provide technical assistance to the city of New Orleans and

22 other appropriate entities for the designation of certain

23 areas in and around New Orleans as jazz heritage districts.

24 Such districts shall include those areas with an exceptional
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1 concentration of jazz historical sites and established com2 munity traditions of jazz street parades.

3 (e) COOPERATIVE AGREEMENTS, GRANTS AND TECH4 NICAL ASSISTANCE.—In furtherance of the purposes of this

5 title—

6 (1) the Secretary, after consultation with the

7 New Orleans Jazz Commission established pursuant

8 to section 1107, is authorized to enter into cooperative

9 agreements with owners of properties that are des10 ignated pursuant to section 303(b)(3) which provide

11 outstanding educational and interpretive opportuni12 ties relating to the evolution of jazz in New Orleans.

13 The Secretary may assist in rehabilitating, restoring,

14 marking, and interpreting and may provide technical

15 assistance for the preservation and interpretation of

16 such properties. Such agreements shall contain, but

17 need not be limited to, provisions that the National

18 Park Service will have reasonable rights of access for

19 operational and visitor use needs, that rehabilitation

20 and restoration will meet the Secretary’s standards

21 for rehabilitation of historic buildings, and that speci22 fy the roles and responsibilities of the Secretary for

23 each site or structure;

24 (2) the Secretary is authorized to enter into co25 operative agreements with the city of New Orleans,
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1 the State of Louisiana, and other appropriate public

2 and private organizations under which the other par3 ties to the agreement may contribute to the acquisi4 tion, construction, operation, and maintenance of the

5 interpretive center and to the operation of educational

6 and interpretive programs to further the purposes of

7 this title; and

8 (3) the Secretary, in consultation with the New

9 Orleans Jazz Commission, is authorized to provide

10 grants or technical assistance to public and private

11 organizations.

12 (f) JAZZ EDUCATIONAL PROGRAMS.—The Secretary

13 shall, in the administration of the historical park, promote

14 a broad range of educational activities relating to jazz and

15 its history. The Secretary shall cooperate with schools, uni16 versities, and organizations supporting jazz education to

17 develop educational programs that provide expanded public

18 understanding of jazz and enhanced opportunities for pub19 lic appreciation. The Secretary may assist appropriate en20 tities in the development of an information base including

21 archival material, audiovisual records, and objects that re22 late to the history of jazz.

23 SEC. 305. ACQUISITION OF PROPERTY.

24 (a) GENERAL AUTHORITY.—The Secretary may ac25 quire lands and interests therein within the sites designated
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1 pursuant to section 303(b) (1) and (3) by donation or pur2 chase with donated or appropriated funds or long-term

3 lease: Provided, That sites designated pursuant to section

4 303(b)(3) shall only be acquired with the consent of the

5 owner thereof.

6 (b) STATE AND LOCAL PROPERTIES.—Lands and in7 terests in lands which are owned by the State of Louisiana,

8 or any political subdivision thereof, may be acquired only

9 by donation.

10 SEC. 306. GENERAL MANAGEMENT PLAN.

11 Within 3 years after the date funds are made available

12 therefor and concurrent with the national landmark study

13 referenced in section 303(b)(3), the Secretary, in consulta14 tion with the New Orleans Jazz Commission, shall prepare

15 a general management plan for the historical park. The

16 plan shall include, but need not be limited to—

17 (1) a visitor use plan indicating programs and

18 facilities associated with park programs that will be

19 made available to the public;

20 (2) preservation and use plans for any structures

21 and sites that are identified through the historic land22 mark study for inclusion within the historical park;

23 (3) the location and associated cost of public fa24 cilities that are proposed for inclusion within the his25 torical park, including a visitor center;
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1 (4) identification of programs that the Secretary

2 will implement or be associated with through coopera3 tive agreements with other groups and organizations;

4 (5) a transportation plan that addresses visitor

5 use access needs to sites, facilities, and programs

6 central to the purpose of the historical park;

7 (6) plans for the implementation of an archival

8 system for materials, objects, and items of importance

9 relating to the history of jazz; and

10 (7) guidelines for the application of cooperative

11 agreements that will be used to assist in the manage12 ment of historical park facilities and programs.

13 SEC. 307. ESTABLISHMENT OF THE NEW ORLEANS JAZZ

14 COMMISSION.

15 (a) ESTABLISHMENT.—To assist in implementing the

16 purposes of this title and the document entitled ‘‘New Orle17 ans Jazz Special Resource Study’’, there is established the

18 New Orleans Jazz Commission (hereinafter referred to as

19 the ‘‘Commission’’).

20 (b) MEMBERSHIP.—The Commission shall consist of

21 17 members to be appointed no later than 6 months after

22 the date of enactment of this Act. The Commission shall

23 be appointed by the Secretary as follows:

24 (1) One member from recommendations submit25 ted by the Mayor of New Orleans.
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1 (2) Two members who have recognized expertise

2 in music education programs that emphasize jazz.

3 (3) One member, with expertise in and knowl4 edge of tourism in the greater New Orleans area, from

5 recommendations submitted by local businesses.

6 (4) One member from recommendations submit7 ted by the Board of the New Orleans Jazz and Herit8 age Foundation.

9 (5) One member, with experience in and knowl10 edge of historic preservation within the New Orleans

11 area.

12 (6) Two members, one from recommendations

13 submitted by the Secretary of the Smithsonian Insti14 tution and one member from recommendations sub15 mitted by the Chairman of the National Endowment

16 of the Arts, who are recognized musicians with knowl17 edge and experience in the development of jazz in New

18 Orleans.

19 (7) Two members, one from recommendations

20 submitted by the Secretary of the Smithsonian Insti21 tution and one member from recommendations sub22 mitted by the Director of the Louisiana State Mu23 seum with recognized expertise in the interpretation

24 of jazz history or traditions related to jazz in New

25 Orleans.
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1 (8) Two members who represent local neighbor2 hood groups or other local associations; from rec3 ommendations submitted by the Mayor of New

4 Orleans.

5 (9) One member representing local mutual aid

6 and benevolent societies as well as local social and

7 pleasure clubs, from recommendations submitted by

8 the Board of the New Orleans Jazz and Heritage

9 Foundation.

10 (10) One member from recommendations submit11 ted by the Governor of the State of Louisiana, who

12 shall be a member of the Louisiana State Music

13 Commission.

14 (11) One member representing the New Orleans

15 Jazz Club from recommendations submitted by the

16 club.

17 (12) One member who is a recognized local ex18 pert on the history, development and progression of

19 jazz in New Orleans and is familiar with existing ar20 chival materials from recommendations submitted by

21 the Librarian of Congress.

22 (13) The Director of the National Park Service,

23 or the Director’s designee, ex officio.

24 (c) DUTIES OF THE COMMISSION.—The Commission

25 shall—
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1 (1) advise the Secretary in the preparation of the

2 general management plan for the historical park; as3 sist in public discussions of planning proposals; and

4 assist the National Park Service in working with in5 dividuals, groups, and organizations including eco6 nomic and business interests in determining pro7 grams in which the Secretary should participate

8 through cooperative agreement;

9 (2) in consultation and cooperation with the

10 Secretary, develop partnerships with educational

11 groups, schools, universities, and other groups to fur12 therance of the purposes of this title;

13 (3) in consultation and cooperation with the

14 Secretary, develop partnerships with city-wide orga15 nizations, and raise and disperse funds for programs

16 that assist mutual aid and benevolent societies, social

17 and pleasure clubs and other traditional groups in

18 encouraging the continuation of and enhancement of

19 jazz cultural traditions;

20 (4) acquire or lease property for jazz education,

21 and advise on hiring brass bands and musical groups

22 to participate in education programs and help train

23 young musicians;
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1 (5) in consultation and cooperation with the

2 Secretary, provide recommendations for the location

3 of the visitor center and other interpretive sites;

4 (6) assist the Secretary in providing funds to

5 support research on the origins and early history of

6 jazz in New Orleans; and

7 (7) notwithstanding any other provision of law,

8 seek and accept donations of funds, property, or serv9 ices from individuals, foundations, corporations, or

10 other public or private entities and expend and use

11 the same for the purposes of providing services, pro12 grams, and facilities for jazz education, or assisting

13 in the rehabilitation and restoration of structures

14 identified in the a national historic landmark study

15 referenced in section 303(b)(3) as having outstanding

16 significance to the history of jazz in New Orleans.

17 (d) APPOINTMENT.—Members of the Commission shall

18 be appointed for staggered terms of 3 years, as designated

19 by the Secretary at the time of the initial appointment.

20 (e) CHAIRMAN.—The Commission shall elect a chair21 man from among its members. The term of the chairman

22 shall be for 3 years.

23 (f) TERMS.—Any member of the Commission ap24 pointed by the Secretary for a 3-year term may serve after

25 the expiration of his or her term until a successor is ap-
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1 pointed. Any vacancy shall be filled in the same manner

2 in which the original appointment was made. Any member

3 appointed to fill a vacancy shall serve for the remainder

4 of the term for which the predecessor was appointed.

5 (g) PER DIEM EXPENSES.—Members of the Commis6 sion shall serve without compensation. Members shall be en7 titled to travel expenses under section 5703, title 5, United

8 States Code, when engaged in Commission business, includ9 ing per diem in lieu of subsistence in the same manner as

10 persons employed intermittently.

11 (h) ADMINISTRATIVE SUPPORT.—The Secretary shall

12 provide the Commission with assistance in obtaining such

13 personnel, equipment, and facilities as may be needed by

14 the Commission to carry out its duties.

15 (i) ANNUAL REPORT.—The Commission shall submit

16 an annual report to the Secretary identifying its expenses

17 and income and the entities to which any grants or tech18 nical assistance were made during the year for which the

19 report is made.

20 SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

21 There is authorized to be appropriated such sums as

22 may be necessary to carry out this title.
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1 TITLE IV—CANE RIVER CREOLE NATIONAL

2 HISTORICAL PARK

3 SEC. 401. SHORT TITLE.

4 Titles IV and V of this Act may be cites as the ‘‘Cane

5 River Creole National Historical Park and National Herit6 age Area Act’’.

7 SEC. 402. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—The Congress finds that—

9 (1) the Natchitoches area along Cane River, es10 tablished in 1714, is the oldest permanent settlement

11 in the Louisiana Purchase territory;

12 (2) the Cane River area is the locale of the devel13 opment of Creole culture, from French-Spanish inter14 actions of the early 18th century to today’s living

15 communities;

16 (3) the Cane River, historically a segment of the

17 Red River, provided the focal point for early settle18 ment, serving as a transportation route upon which

19 commerce and communication reached all parts of the

20 colony;

21 (4) although a number of Creole structures, sites,

22 and landscapes exist in Louisiana and elsewhere, un23 like the Cane River area, most are isolated examples,

24 and lack original outbuilding complexes or integrity;
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1 (5) the Cane River area includes a great variety

2 of historical features with original elements in both

3 rural and urban settings and a cultural landscape

4 that represents various aspects of Creole culture, pro5 viding the base for a holistic approach to understand6 ing the broad continuum of history within the region;

7 (6) the Cane River region includes the

8 Natchitoches National Historic Landmark District,

9 composed of approximately 300 publicly and pri10 vately owned properties, four other national historic

11 landmarks, and other structures and sites that may

12 meet criteria for landmark significance following fur13 ther study;

14 (7) historic preservation within the Cane River

15 area has greatly benefitted from individuals and or16 ganizations that have strived to protect their heritage

17 and educate others about their rich history; and

18 (8) because of the complexity and magnitude of

19 preservation needs in the Cane River area, and the

20 vital need for a culturally sensitive approach, a part21 nership approach is desirable for addressing the

22 many preservation and educational needs.

23 (b) PURPOSES.—The purposes of titles IV and V of this

24 Act are to—
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1 (1) recognize the importance of the Cane River

2 Creole culture as a nationally significant element of

3 the cultural heritage of the United States;

4 (2) establish a Cane River Creole National His5 torical Park to serve as the focus of interpretive and

6 educational programs on the history of the Cane

7 River area and to assist in the preservation of certain

8 historic sites along the river; and

9 (3) establish a Cane River National Heritage

10 Area and Commission to be undertaken in partner11 ship with the State of Louisiana, the City of

12 Natchitoches, local communities and settlements of the

13 Cane River area, preservation organizations, and pri14 vate landowners, with full recognition that programs

15 must fully involve the local communities and land16 owners.

17 SEC. 403. ESTABLISHMENT OF CANE RIVER CREOLE

18 NATIONAL HISTORICAL PARK.

19 (a) IN GENERAL.—In order to assist in the preserva20 tion and interpretation of, and education concerning, the

21 Creole culture and diverse history of the Natchitoches re22 gion, and to provide technical assistance to a broad range

23 of public and private landowners and preservation organi24 zations, there is hereby established the Cane River Creole

25 National Historical Park in the State of Louisiana (herein-
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1 after in titles II and III of this Act referred to as the ‘‘his2 torical park’’).

3 (b) AREA INCLUDED.—The historical park shall con4 sist of lands and interests therein as follows:

5 (1) Lands and structures associated with the

6 Oakland Plantation as depicted on map CARI,

7 80,002, dated January 1994.

8 (2) Lands and structures owned or acquired by

9 Museum Contents, Inc. as depicted on map CARI,

10 80,001A, dated May 1994.

11 (3) Sites that may be the subject of cooperative

12 agreements with the National Park Service for the

13 purposes of historic preservation and interpretation

14 including, but not limited to, the Melrose Plantation,

15 the Badin-Roque site, the Cherokee Plantation, the

16 Beau Fort Plantation, and sites within the

17 Natchitoches National Historical Landmark District:

18 Provided, That such sites may not be added to the

19 historical park unless the Secretary of the Interior

20 (hereinafter referred to as the ‘‘Secretary’’) deter21 mines, based on further research and planning, that

22 such sites meet the applicable criteria for national

23 historical significance, suitability, and feasibility,

24 and notification of the proposed addition has been

25 transmitted to the Committee on Energy and Natural
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1 Resources of the United States Senate and the appro2 priate committees of the House of Representatives.

3 (4) Not to exceed 10 acres of land that the Sec4 retary may designate for an interpretive visitor cen5 ter complex to serve the needs of the historical park

6 and heritage area established in title V of this Act.

7 SEC. 404. ADMINISTRATION.

8 (a) IN GENERAL.—The Secretary shall administer the

9 historical park in accordance with this title and with provi10 sions of law generally applicable to units of the National

11 Park System, including the Act entitled ‘‘An Act to estab12 lish a National Park Service, and for other purposes’’, ap13 proved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4);

14 and the Act of August 21, 1935 (49 Stat. 666, 16 U.S.C.

15 461–467). The Secretary shall manage the historical park

16 in such a manner as will preserve resources and cultural

17 landscapes relating to the Creole culture of the Cane River

18 and enhance public understanding of the important cul19 tural heritage of the Cane River region.

20 (b) DONATIONS.—The Secretary may accept and re21 tain donations of funds, property, or services from individ22 uals, foundations, or other public or private entities for the

23 purposes of providing programs, services, facilities, or tech24 nical assistance that further the purposes of titles II and

25 III of this Act. Any funds donated to the Secretary pursu-
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1 ant to this subsection may be expended without further ap2 propriation.

3 (c) INTERPRETIVE CENTER.—The Secretary is author4 ized to construct, operate, and maintain an interpretive

5 center on lands identified by the Secretary pursuant to sec6 tion 403(b)(4). Such center shall provide for the general in7 formation and orientation needs of the historical park and

8 the heritage area. The Secretary shall consult with the State

9 of Louisiana, the City of Natchitoches, the Association for

10 the Preservation of Historic Natchitoches, and the Cane

11 River National Heritage Area Commission pursuant to sec12 tion 502 of this Act in the planning and development of

13 the interpretive center.

14 (d) COOPERATIVE AGREEMENTS AND TECHNICAL AS15 SISTANCE.—(1) The Secretary, after consultation with the

16 Cane River National Heritage Area Commission established

17 pursuant to section 502 of this Act, is authorized to enter

18 into cooperative agreements with owners of properties with19 in the heritage area and owners of properties within the

20 historical park that provide important educational and in21 terpretive opportunities relating to the heritage of the Cane

22 River region. The Secretary may also enter into cooperative

23 agreements for the purpose of facilitating the preservation

24 of important historic sites and structures identified in the

25 historical park’s general management plan or other heritage
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1 elements related to the heritage of the Cane River region.

2 Such cooperative agreements shall specify that the National

3 Park Service shall have reasonable rights of access for oper4 ational and visitor use needs and that preservation treat5 ments will meet the Secretary’s standards for rehabilitation

6 of historic buildings.

7 (2) The Secretary is authorized to enter into coopera8 tive agreements with the City of Natchitoches, the State of

9 Louisiana, and other public or private organizations for

10 the development of the interpretive center, educational pro11 grams, and other materials that will facilitate public use

12 of the historical park and heritage area.

13 (e) RESEARCH.—The Secretary, acting through the

14 National Park Service, shall coordinate a comprehensive re15 search program on the complex history of the Cane River

16 region, including ethnography studies of the living commu17 nities along the Cane River, and how past and present gen18 erations have adapted to their environment, including gene19 alogical studies of families within the Cane River area. Re20 search shall include, but not be limited to, the extensive pri21 mary historic documents within the Natchitoches and Cane

22 River areas, and curation methods for their care and exhi23 bition. The research program shall be coordinated with

24 Northwestern State University of Louisiana, and the Na-
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1 tional Center for Preservation Technology and Training in

2 Natchitoches.

3 SEC. 405. ACQUISITION OF PROPERTY.

4 (a) GENERAL AUTHORITY.—Except as otherwise pro5 vided in this section, the Secretary is authorized to acquire

6 lands and interests therein within the boundaries of the his7 torical park by donation, purchase with donated or appro8 priated funds, or exchange.

9 (b) STATE AND LOCAL PROPERTIES.—Lands and in10 terests therein that are owned by the State of Louisiana,

11 or any political subdivision thereof, may be acquired only

12 by donation or exchange.

13 (c) MUSEUM CONTENTS, INC.—Lands and structures

14 identified in section 403(b)(2) may be acquired only by do15 nation.

16 (d) COOPERATIVE AGREEMENT SITES.—Lands and

17 interests therein that are the subject of cooperative agree18 ments pursuant to section 403(b)(3) shall not be acquired

19 except with the consent of the owner thereof.

20 SEC. 406. GENERAL MANAGEMENT PLAN.

21 Within 3 years after the date funds are made available

22 therefor and in consultation with the Cane River Heritage

23 Area Commission, the National Park Service shall prepare

24 a general management plan for the historical park. The

25 plan shall include, but need not be limited to—
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1 (1) a visitor use plan indicating programs and

2 facilities that will be provided for public use, includ3 ing the location and cost of an interpretive center;

4 (2) programs and management actions that the

5 National Park Service will undertake cooperatively

6 with the heritage area commission, including preser7 vation treatments for important sites, structures, ob8 jects, and research materials. Planning shall address

9 educational media, roadway signing, and brochures

10 that could be coordinated with the Commission pursu11 ant to section 303 of this Act; and

12 (3) preservation and use plans for any sites and

13 structures that are identified for National Park Serv14 ice involvement through cooperative agreements.

15 TITLE V—CANE RIVER NATIONAL

16 HERITAGE AREA

17 SEC. 501. ESTABLISHMENT OF THE CANE RIVER NATIONAL

18 HERITAGE AREA.

19 (a) ESTABLISHMENT.—There is hereby established the

20 Cane River National Heritage Area (hereinafter in this title

21 referred to as the ‘‘heritage area’’).

22 (b) PURPOSE.—In furtherance of the need to recognize

23 the value and importance of the Cane River region and in

24 recognition of the findings of section 402(a) of this Act, it

25 is the purpose of this title to establish a heritage area to
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1 complement the historical park and to provide for a cul2 turally sensitive approach to the preservation of the heritage

3 of the Cane River region, and for other needs including—

4 (1) recognizing areas important to the Nation’s

5 heritage and identity;

6 (2) assisting in the preservation and enhance7 ment of the cultural landscape and traditions of the

8 Cane River region;

9 (3) providing a framework for those who live

10 within this important dynamic cultural landscape to

11 assist in preservation and educational actions; and

12 (4) minimizing the need for Federal land acqui13 sition and management.

14 (c) AREA INCLUDED.—The heritage area shall in15 clude—

16 (1) an area approximately 1 mile on both sides

17 of the Cane River as depicted on map CARI,

18 80,000A, dated May 1994;

19 (2) those properties within the Natchitoches Na20 tional Historic Landmark District which are the sub21 ject of cooperative agreements pursuant to section

22 404(d) of this Act;

23 (3) the Los Adaes State Commemorative Area;

24 (4) the Fort Jesup State Commemorative Area;
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1 (5) the Fort St. Jean Baptiste State Commemo2 rative Area; and

3 (6) the Kate Chopin House.

4 A final identification of all areas and sites to be in5 cluded in the heritage area shall be included in the heritage

6 area management plan as required in section 503.

7 SEC. 502. CANE RIVER NATIONAL HERITAGE AREA COMMIS8 SION.

9 (a) ESTABLISHMENT.—To assist in implementing the

10 purposes of titles IV and V of this Act and to provide guid11 ance for the management of the heritage area, there is estab12 lished the Cane River National Heritage Area Commission

13 (hereinafter in this title referred to as the ‘‘Commission’’).

14 (b) MEMBERSHIP.—The Commission shall consist of

15 19 members to be appointed no later than 6 months after

16 the date of enactment of this title. The Commission shall

17 be appointed by the Secretary as follows—

18 (1) one member from recommendations submitted

19 by the Mayor of Natchitoches;

20 (2) one member from recommendations submitted

21 by the Association for the Preservation of Historic

22 Natchitoches;

23 (3) one member from recommendations submitted

24 by the Natchitoches Historic Foundation, Inc.;
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1 (4) two members with experience in and knowl2 edge of tourism in the heritage area from rec3 ommendations submitted by local business and tour4 ism organizations;

5 (5) one member from recommendations submitted

6 by the Governor of the State of Louisiana;

7 (6) one member from recommendations submitted

8 by the Police Jury of Natchitoches Parish;

9 (7) one member from recommendations submitted

10 by the Concerned Citizens of Cloutierville;

11 (8) one member from recommendations submitted

12 by the St. Augustine Historical Society;

13 (9) one member from recommendations submitted

14 by the Black Heritage Committee;

15 (10) one member from recommendations submit16 ted by the Los Adaes/Robeline Community;

17 (11) one member from recommendations submit18 ted by the Natchitoches Historic District Commission;

19 (12) one member from recommendations submit20 ted by the Cane River Waterway Commission;

21 (13) two members who are landowners in and

22 residents of the heritage area;

23 (14) one member with experience and knowledge

24 of historic preservation from recommendations sub25 mitted by Museum Contents, Inc.;
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1 (15) one member with experience and knowledge

2 of historic preservation from recommendations sub3 mitted by the President of Northwestern State Univer4 sity of Louisiana;

5 (16) one member with experience in and knowl6 edge of environmental, recreational and conservation

7 matters affecting the heritage area from recommenda8 tions submitted by the Natchitoches Sportsmans Asso9 ciation and other local recreational and environ10 mental organizations; and

11 (17) the director of the National Park Service, or

12 the Director’s designee, ex officio.

13 (c) DUTIES OF THE COMMISSION.—The Commission

14 shall—

15 (1) prepare a management plan for the heritage

16 area in consultation with the National Park Service,

17 the State of Louisiana, the city of Natchitoches,

18 Natchitoches Parish, interested groups, property own19 ers, and the public;

20 (2) consult with the Secretary on the preparation

21 of the general management plan for the historical

22 park;

23 (3) develop cooperative agreements with property

24 owners, preservation groups, educational groups, the

25 State of Louisiana, the city of Natchitoches, univer-
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1 sities, and tourism groups, and other groups to fur2 ther the purposes of titles IV and V of this Act; and

3 (4) identify appropriate entities, such as a non4 profit corporation, that could be established to assume

5 the responsibilities of the Commission following its

6 termination.

7 (d) POWERS OF THE COMMISSION.—In furtherance of

8 the purposes of titles IV and V of this Act, the Commission

9 is authorized to—

10 (1) procure temporary and intermittent services

11 to the same extent that is authorized by section

12 3109(b) of title 5, United States Code, but at rates de13 termined by the Commission to be reasonable;

14 (2) accept the services of personnel detailed from

15 the State of Louisiana or any political subdivision

16 thereof, and may reimburse the State or political sub17 division for such services;

18 (3) upon the request of the Commission, the head

19 of any Federal agency may detail, on a reimbursable

20 basis, any of the personnel of such agency to the Com21 mission to assist the Commission in carrying out its

22 duties;

23 (4) appoint and fix the compensation of such

24 staff as may be necessary to carry out its duties. Staff

25 shall be appointed subject to the provisions of title 5,
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1 United States Code, governing appointments in the

2 competitive service, and shall be paid in accordance

3 with the provisions of chapter 51 and subchapter III

4 of chapter 53 of such title relating to classification

5 and General Schedule pay rates;

6 (5) enter into cooperative agreements with public

7 or private individuals or entities for research, historic

8 preservation, and education purposes;

9 (6) make grants to assist in the preparation of

10 studies that identify, preserve, and plan for the man11 agement of the heritage area;

12 (7) notwithstanding any other provision of law,

13 seek and accept donations of funds or services from

14 individuals, foundations, or other public or private

15 entities and expend the same for the purposes of pro16 viding services and programs in furtherance of the

17 purposes of titles IV and V of this Act;

18 (8) assist others in developing educational, infor19 mational, and interpretive programs and facilities;

20 (9) hold such hearings, sit and act at such times

21 and places, take such testimony, and receive such evi22 dence, as the Commission may consider appropriate;

23 and
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1 (10) use the United States mails in the same

2 manner and under the same conditions as other de3 partments or agencies of the United States.

4 (e) COMPENSATION.—Members of the Commission shall

5 receive no compensation for their service on the Commis6 sion. While away from their homes or regular places of busi7 ness in the performance of services for the Commission,

8 members shall be allowed travel expenses, including per

9 diem in lieu of subsistence, in the same manner as persons

10 employed intermittently in the Government service are al11 lowed expenses under section 5703 of title 5, United States

12 Code.

13 (f) CHAIRMAN.—The Commission shall elect a chair14 man from among its members. The term of the chairman

15 shall be for 3 years.

16 (g) TERMS.—The terms of Commission members shall

17 be for 3 years. Any member of the Commission appointed

18 by the Secretary for a 3-year term may serve after expira19 tion of his or her term until a successor is appointed. Any

20 vacancy shall be filled in the same manner in which the

21 original appointment was made. Any member appointed to

22 fill a vacancy shall serve for the remainder of the term for

23 which the predecessor was appointed.

24 (h) ANNUAL REPORTS.—The Commission shall submit

25 an annual report to the Secretary identifying its expenses
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1 and any income, the entities to which any grants or tech2 nical assistance were made during the year for which the

3 report is made, and actions that are planned for the follow4 ing year.

5 SEC. 503. PREPARATION OF THE PLAN.

6 (A) IN GENERAL.—Within 3 years after the Commis7 sion conducts its first meeting, it shall prepare and submit

8 a heritage area management plan to the Governor of the

9 State of Louisiana. The Governor shall, if the Governor ap10 proves the plan, submit it to the Secretary for review and

11 approval. The Secretary shall provide technical assistance

12 to the Commission in the preparation and implementation

13 of the plan, in concert with actions by the National Park

14 Service to prepare a general management plan for the his15 torical park. The plan shall consider local government plans

16 and shall present a unified heritage preservation and edu17 cation plan for the heritage area. The plan shall include,

18 but not be limited to—

19 (1) an inventory of important properties and

20 cultural landscapes that should be preserved, man21 aged, developed, and maintained because of their cul22 tural, natural, and public use significance;

23 (2) an analysis of current land uses within the

24 area and how they affect the goals of preservation and

25 public use of the heritage area;
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1 (3) an interpretive plan to address the cultural

2 and natural history of the area, and actions to en3 hance visitor use. This element of the plan shall be

4 undertaken in consultation with the National Park

5 Service and visitor use plans for the historical park;

6 (4) recommendations for coordinating actions by

7 local, State, and Federal Governments within the her8 itage area, to further the purposes of titles IV and V

9 of this Act; and

10 (5) an implementation program for the plan in11 cluding desired actions by State and local govern12 ments and other involved groups and entities.

13 (b) APPROVAL OF THE PLAN.—The Secretary shall ap14 prove or disapprove the plan within 90 days after receipt

15 of the plan from the Commission. The Commission shall

16 notify the Secretary of the status of approval by the Gov17 ernor of Louisiana when the plan is submitted for review

18 and approval. In determining whether or not to approve

19 the plan the Secretary shall consider—

20 (1) whether the Commission has afforded ade21 quate opportunity, including public meetings and

22 hearings, for public and governmental involvement in

23 the preparation of the plan; and

24 (2) whether reasonable assurances have been re25 ceived from the State and local governments that the
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1 plan is supported and that the implementation pro2 gram is feasible.

3 (c) DISAPPROVAL OF THE PLAN.—If the Secretary dis4 approves the plan, he shall advise the Commission in writ5 ing of the reasons for disapproval, and shall provide rec6 ommendations and assistance in the revision of the plan.

7 Following completion of any revisions to the plan, the Com8 mission shall resubmit the plan to the Governor of Louisi9 ana for approval, and to the Secretary, who shall approve

10 or disapprove the plan within 90 days after the date that

11 the plan is revised.

12 SEC. 504. TERMINATION OF HERITAGE AREA COMMISSION.

13 (a) TERMINATION.—The Commission shall terminate

14 on the day occurring 10 years after the first official meeting

15 of the Commission.

16 (b) EXTENSION.—The Commission may petition to be

17 extended for a period of not more than 5 years beginning

18 on the day referred to in subsection (a), provided the Com19 mission determines a critical need to fulfill the purposes

20 of titles IV and V of this Act; and the Commission obtains

21 approval from the Secretary, in consultation with the Gov22 ernor of Louisiana.

23 (c) HERITAGE AREA MANAGEMENT FOLLOWING TER24 MINATION OF THE COMMISSION.—The national heritage

25 area status for the Cane River region shall continue follow-
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1 ing the termination of the Commission. The management

2 plan, and partnerships and agreements subject to the plan

3 shall guide the future management of the heritage area. The

4 Commission, prior to its termination, shall recommend to

5 the Governor of the State of Louisiana and the Secretary,

6 appropriate entities, including the potential for a nonprofit

7 corporation, to assume the responsibilities of the Commis8 sion.

9 SEC. 505. DUTIES OF OTHER FEDERAL AGENCIES.

10 Any Federal entity conducting or supporting activities

11 directly affecting the heritage area shall—

12 (1) consult with the Secretary and the Commis13 sion with respect to implementation of their proposed

14 actions; and

15 (2) to the maximum extent practicable, coordi16 nate such activities with the Commission to minimize

17 potential impacts on the resources of the heritage

18 area.

19 SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated such sums as

21 may be necessary to carry out titles IV and V of this Act.

Amend the title so as to read: ‘‘An Act to provide

for the management of portions of the Presidio of San
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Francisco under the jurisdiction of the Secretary of the

Interior, and for other purposes.’’.

Passed the House of Representatives August 18,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.