II

103D CONGRESS

2D SESSION S. 1980

To establish the Cane River Creole National Historical Park and the Cane

River National Heritage Area in the State of Louisiana, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 24 (legislative day, FEBRUARY 22), 1994

Mr. JOHNSTON introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To establish the Cane River Creole National Historical Park

and the Cane River National Heritage Area in the State

of Louisiana, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Cane River Creole Na5 tional Historical Park and National Heritage Area Act’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—The Congress finds that—
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1 (1) the Natchitoches area along Cane River, es2 tablished in 1714, is the oldest permanent settle3 ment in the Louisiana Purchase territory;

4 (2) the Cane River area is the locale of the de5 velopment of Creole culture, from French-Spanish

6 interactions of the early 18th century to today’s liv7 ing communities;

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

9 the Red River, provided the focal point for early set10 tlement, serving as a transportation route upon

11 which commerce and communication reached all

12 parts of the colony;

13 (4) although a number of Creole structures,

14 sites, and landscapes exist in Louisiana and else15 where, unlike the Cane River area, most are isolated

16 examples, and lack original outbuilding complexes or

17 integrity;

18 (5) the Cane River area includes a great variety

19 of historical features with original elements in both

20 rural and urban settings and a cultural landscape

21 that represents various aspects of Creole culture,

22 providing the base for a holistic approach to under23 standing the broad continuum of history within the

24 region;
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1 (6) the Cane River region includes the

2 Natchitoches National Historic Landmark District,

3 composed of approximately 300 publicly and pri4 vately owned properties, four other national historic

5 landmarks, and other structures and sites that may

6 meet criteria for landmark significance following fur7 ther study;

8 (7) historic preservation within the Cane River

9 area has greatly benefitted from individuals and or10 ganizations that have strived to protect their herit11 age and educate others about their rich history; and

12 (8) because of the complexity and magnitude of

13 preservation needs in the Cane River area, and the

14 vital need for a culturally sensitive approach, a part15 nership approach is desirable for addressing the

16 many preservation and educational needs.

17 (b) PURPOSE.—The purposes of this Act are to—

18 (1) recognize the importance of the Cane River

19 Creole culture as a nationally significant element of

20 the cultural heritage of the United States;

21 (2) establish a Cane River Creole National His22 torical Park to serve as the focus of interpretive and

23 educational programs on the history of the Cane

24 River area and to assist in the preservation of cer25 tain historic sites along the river; and
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1 (3) establish a Cane River National Heritage

2 Area and Commission to be undertaken in partner3 ship with the State of Louisiana, the City of

4 Natchitoches, local communities and settlements of

5 the Cane River area, preservation organizations, and

6 private landowners, with full recognition that pro7 grams must fully involve the local communities and

8 landowners.

9 TITLE I—CANE RIVER NATIONAL

10 HISTORICAL PARK

11 SEC. 101. ESTABLISHMENT.

12 (a) IN GENERAL.—In order to assist in the preserva13 tion and interpretation of, and education concerning, the

14 Creole culture and diverse history of the Natchitoches re15 gion, and to provide technical assistance to a broad range

16 of public and private landowners and preservation organi17 zations, there is hereby established the Cane River Creole

18 National Historical Park (hereinafter in this Act referred

19 to as the ‘‘historical park’’).

20 (b) AREA INCLUDED.—The historical park shall con21 sist of lands and interests therein as follows:

22 (1) Lands and structures associated with the

23 Oakland Plantation as depicted on map CARI,

24 80,002, dated January 1994.
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1 (2) Lands and structures owned or acquired by

2 Museum Contents, Inc. as depicted on map CARI,

3 80,001, dated January 1994.

4 (3) Sites that may be the subject of cooperative

5 agreements with the National Park Service for the

6 purposes of historic preservation and interpretation

7 including, but not limited to, the Melrose Plantation,

8 the Badin-Roque site, the Cherokee Plantation, the

9 Beau Fort Plantation, and sites within the

10 Natchitoches National Historical Landmark District:

11 Provided, That such sites may not be added to the

12 historical park unless the Secretary of the Interior

13 (hereinafter referred to as the ‘‘Secretary’’) deter14 mines, based on further research and planning, that

15 such sites meet the applicable criteria for national

16 historical significance, suitability, and feasibility,

17 and notification of the proposed addition has been

18 transmitted to the Committee on Energy and Natu19 ral Resources of the United States Senate and the

20 appropriate committees of the House of Representa21 tives.

22 (4) Not to exceed 10 acres of land that the Sec23 retary may designate for an interpretive visitor cen24 ter complex to serve the needs of the historical park

25 and heritage area established in title II of this Act.
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1 SEC. 102. ADMINISTRATION.

2 (a) IN GENERAL.—The Secretary shall administer

3 the historical park in accordance with this Act, and with

4 provisions of law generally applicable to units of the Na5 tional Park System, including the Act entitled ‘‘An Act

6 to establish a National Park Service, and for other pur7 poses’’, approved August 25, 1916 (39 Stat. 535; 16

8 U.S.C. 1, 2–4); and the Act of August 21, 1935 (49 Stat.

9 666, 16 U.S.C. 461–467). The Secretary shall manage the

10 historical park in such a manner as will preserve resources

11 and cultural landscapes relating to the Creole culture of

12 the Cane River and enhance public understanding of the

13 important cultural heritage of the Cane River region.

14 (b) DONATIONS.—The Secretary may accept and re15 tain donations of funds, property, or services for individ16 uals, foundations, or other public or private entities for

17 the purposes of providing programs, services, facilities, or

18 technical assistance that further the purposes of this Act.

19 (c) INTERPRETIVE CENTER.—The Secretary is au20 thorized to construct, operate, and maintain an interpre21 tive center on lands identified by the Secretary pursuant

22 to section 101(b)(4) of this title. Such center shall provide

23 for the general information and orientation needs of the

24 historical park and the heritage area. The Secretary shall

25 consult with the State of Louisiana, the City of

26 Natchitoches, the Association for the Preservation of His-
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1 toric Natchitoches, and the Cane River National Heritage

2 Area Commission pursuant to section 202 of this Act in

3 the planning and development of the interpretive center.

4 (d) COOPERATIVE AGREEMENTS AND TECHNICAL

5 ASSISTANCE.—(1) The Secretary, after consultation with

6 the Cane River National Heritage Area Commission estab7 lished pursuant to section 202 of this Act, is authorized

8 to enter into cooperative agreements with owners of prop9 erties within the heritage area and owners of properties

10 within the historical park that provide important edu11 cational and interpretive opportunities relating to the her12 itage of the Cane River region. The Secretary may also

13 enter into cooperative agreements for the purpose of facili14 tating the preservation of important historic sites and

15 structures identified in the historical park’s general man16 agement plan or other heritage elements related to the

17 heritage of the Cane River region. Such cooperative agree18 ments shall specify that the National Park Service shall

19 have reasonable rights of access for operational and visitor

20 use needs and that preservation treatments will meet the

21 Secretary’s standards for rehabilitation of historic build22 ings.

23 (2) The Secretary is authorized to enter into coopera24 tive agreements with the City of Natchitoches, the State

25 of Louisiana, and other public or private organizations for
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1 the development of the interpretive center, educational

2 programs, and other materials that will facilitate public

3 use of the historical park and heritage area.

4 (e) RESEARCH.—The Secretary, acting through the

5 National Park Service, shall coordinate a comprehensive

6 research program on the complex history of the Cane

7 River region, including ethnography studies of the living

8 communities along the Cane River, and how past and

9 present generations have adapted to their environment, in10 cluding genealogical studies of families within the Cane

11 River area. Research shall include, but not be limited to,

12 the extensive primary historic documents within the

13 Natchitoches and Cane River areas, and curation methods

14 for their care and exhibition. The research program shall

15 be coordinated with Northwestern State University of

16 Louisiana, and the National Center for Preservation Tech17 nology and Training in Natchitoches.

18 SEC. 103. ACQUISITION OF PROPERTY.

19 (a) GENERAL AUTHORITY.—Except as otherwise pro20 vided in this section, the Secretary is authorized to acquire

21 lands and interests therein within the boundaries of the

22 historical park by donation, purchase with donated or ap23 propriated funds, or exchange.

24 (b) STATE AND LOCAL PROPERTIES.—Lands and in25 terests therein that are owned by the State of Louisiana,
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1 or any political subdivision thereof, may be acquired only

2 by donation or exchange.

3 (c) MUSEUM CONTENTS, INC.—Lands and structures

4 identified in section 101(b)(2) may be acquired only by

5 donation.

6 (d) COOPERATIVE AGREEMENT SITES.—Lands and

7 interests therein that are the subject of cooperative agree8 ments pursuant to section 101(b)(3) shall not be acquired

9 except with the consent of the owner thereof.

10 SEC. 104. GENERAL MANAGEMENT PLAN.

11 Within 3 years after the date funds are made avail12 able therefor and in consultation with the Cane River Her13 itage Area Commission, the National Park Service shall

14 prepare a general management plan for the historical

15 park. The plan shall include, but need not be limited to—

16 (1) a visitor use plan indicating programs and

17 facilities that will be provided for public use, includ18 ing the location and cost of an interpretive center;

19 (2) programs and management actions that the

20 National Park Service will undertake cooperatively

21 with the heritage area commission, including preser22 vation treatments for important sites, structures, ob23 jects, and research materials. Planning shall address

24 educational media, roadway signing, and brochures
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1 that could be prepared jointly with the Commission

2 pursuant to section 203 of this Act; and

3 (3) preservation and use plans for any sites and

4 structures that are identified for National Park

5 Service involvement through cooperative agreements.

6 TITLE II—CANE RIVER NATIONAL

7 HERITAGE AREA.

8 SEC. 201. ESTABLISHMENT OF THE CANE RIVER NATIONAL

9 HERITAGE AREA.

10 (a) ESTABLISHMENT.—There is hereby established

11 the Cane River National Heritage Area (hereinafter re12 ferred to as the ‘‘heritage area’’).

13 (b) PURPOSE.—In furtherance of the need to recog14 nize the value and importance of the Cane River region

15 and in recognition of the findings of section 2(a) of this

16 Act, it is the purpose of this title to establish a heritage

17 area to complement the historical park and to provide for

18 a culturally sensitive approach to the preservation of the

19 heritage of the Cane River region, and for other needs in20 cluding—

21 (1) recognizing areas important to the Nation’s

22 heritage and identity;

23 (2) assisting in the preservation and enhance24 ment of the cultural landscape and traditions of the

25 Cane River region;
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1 (3) providing a framework for those who live

2 within this important dynamic cultural landscape to

3 assist in preservation and educational actions; and

4 (4) minimizing the need for Federal land acqui5 sition and management.

6 (c) AREA INCLUDED.—The heritage area shall in7 clude—

8 (1) an area approximately 1 mile on both sides

9 of the Cane River as depicted on map CARI,

10 80,000, dated January 1994;

11 (2) the Natchitoches National Historical Land12 mark District;

13 (3) the Los Adaes State Commemorative Area;

14 (4) the Fort Jesup State Commemorative Area;

15 (5) the Fort St. Jean Baptiste State Com16 memorative Area; and

17 (6) the Kate Chopin House.

18 A final identification of all areas and sites to be included

19 in the heritage area shall be included in the heritage area

20 management plan as required in section 203 of this title.

21 SEC. 202. CANE RIVER NATIONAL HERITAGE AREA COMMIS22 SION.

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

24 purposes of this Act and to provide guidance for the man25 agement of the heritage area, there is established the Cane
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1 River National Heritage Area Commission (hereinafter re2 ferred to as the ‘‘Commission’’).

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

4 16 members to be appointed no later than 6 months after

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

6 be appointed by the Secretary as follows—

7 (1) one member from recommendations submit8 ted by the mayor of Natchitoches;

9 (2) one member from recommendations submit10 ted by the Association for the Preservation of His11 toric Natchitoches;

12 (3) one member from recommendations submit13 ted by the Natchitoches Historic Foundation, Inc.;

14 (4) one member with experience in and knowl15 edge of tourism in the greater Cane River region,

16 from recommendations submitted by local busi17 nesses;

18 (5) one member from recommendations submit19 ted by the Governor of the State of Louisiana;

20 (6) one member from recommendations submit21 ted by the Police Jury of Natchitoches Parish;

22 (7) one member from recommendations submit23 ted by the Concerned Citizens of Cloutierville;

24 (8) one member from recommendations submit25 ted by the St. Augustine Historical Society;
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1 (9) one member from recommendations submit2 ted by the Black Heritage Committee;

3 (10) one member from recommendations sub4 mitted by the Los Adaes/Robeline Community;

5 (11) one member from recommendations sub6 mitted by the Natchitoches Historic District Com7 mission;

8 (12) one member from recommendations sub9 mitted by the Cane River Waterway Commission;

10 (13) one member who is a landowner along the

11 Cane River;

12 (14) one member with experience and knowl13 edge of historic preservation from recommendations

14 submitted by Museum Contents, Inc.;

15 (15) one member with experience and knowl16 edge of historic preservation from recommendations

17 submitted by the President of Northwestern State

18 University of Louisiana; and

19 (16) the director of the National Park Service,

20 or the Director’s designee, ex officio.

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

22 shall—

23 (1) prepare a management plan for the heritage

24 area in consultation with the National Park Service,

25 the State of Louisiana, the City of Natchitoches,
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1 Natchitoches Parish, interested groups, property

2 owners, and the public;

3 (2) consult with the Secretary on the prepara4 tion of the general management plan for the histori5 cal park;

6 (3) develop partnerships with property owners,

7 preservation groups, educational groups, the State of

8 Louisiana, the City of Natchitoches, universities,

9 and tourism groups, and other groups to furtherance

10 of the purposes of this Act; and

11 (4) identify appropriate entities, such as a non12 profit corporation, that could be established to as13 sume the responsibilities of the Commission follow14 ing its termination.

15 (d) POWERS OF THE COMMISSION.—In furtherance

16 of the purposes of this Act, the Commission is authorized

17 to—

18 (1) procure temporary and intermittent services

19 to the same extent that is authorized by section

20 3109(b) of title 5, United States Code, but at rates

21 determined by the Commission to be reasonable;

22 (2) accept the services of personnel detailed

23 from the State of Louisiana or any political subdivi24 sion thereof, and may reimburse the State or politi25 cal subdivision for such services;
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1 (3) upon the request of the Commission, the

2 head of any Federal agency may detail, on a reim3 bursable basis, any of the personnel of such agency

4 to the Commission to assist the Commission in car5 rying out its duties;

6 (4) appoint and fix the compensation of such

7 staff as may be necessary to carry out its duties.

8 Staff shall be appointed subject to the provisions of

9 title 5, United States Code, governing appointments

10 in the competitive service, and shall be paid in ac11 cordance with the provisions of chapter 51 and sub12 chapter III of chapter 53 of such title relating to

13 classification and General Schedule pay rates;

14 (5) enter into cooperative agreements and

15 leases with public or private individuals or entities

16 for research, historic preservation, and education

17 purposes;

18 (6) make grants to assist in the preparation of

19 studies that identify, preserve, and plan for the man20 agement of the heritage area;

21 (7) notwithstanding any other provision of law,

22 seek and accept donations of funds or services from

23 individuals, foundations, or other public or private

24 entities and expend the same for the purposes of
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1 providing services and programs in furtherance of

2 the purposes of this Act;

3 (8) assist others in developing educational, in4 formational, and interpretive programs and facilities;

5 (9) hold such hearings, sit and act at such

6 times and places, take such testimony, and receive

7 such evidence, as the Commission may consider ap8 propriate; and

9 (10) use the United States mails in the same

10 manner and under the same conditions as other de11 partments or agencies of the United States.

12 (e) COMPENSATION.—Members of the Commission

13 shall receive no compensation for their service on the Com14 mission. While away from their homes or regular places

15 of business in the performance of services for the Commis16 sion, members shall be allowed travel expenses, including

17 per diem in lieu of subsistence, in the same manner as

18 persons employed intermittently in the Government service

19 are allowed expenses under section 5703 of title 5, United

20 States Code.

21 (f) CHAIRMAN.—The Commission shall elect a chair22 man from among its members. The term of the chairman

23 shall be for 3 years.

24 (g) TERMS.—The terms of Commission members

25 shall be for 3 years. Any member of the Commission ap-
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1 pointed by the Secretary for a 3-year term may serve after

2 expiration of his or her term until a successor is ap3 pointed. Any vacancy shall be filled in the same manner

4 in which the original appointment was made. Any member

5 appointed to fill a vacancy shall serve for the remainder

6 of the term for which the predecessor was appointed.

7 (h) ANNUAL REPORTS.—The Commission shall sub8 mit an annual report to the Secretary identifying its ex9 penses and any income, the entities to which any grants

10 or technical assistance were made during the year for

11 which the report is made, and actions that are planned

12 for the following year.

13 SEC. 203. DUTIES OF THE HERITAGE AREA COMMISSION

14 (a) PREPARATION OF PLAN.—Within 3 years after

15 the Commission conducts its first meeting, it shall prepare

16 and submit a heritage area management plan to the Gov17 ernor of the State of Louisiana. The Governor shall, if

18 the Governor approves the plan, submit it to the Secretary

19 for review and approval. The Secretary shall provide tech20 nical assistance to the Commission in the preparation and

21 implementation of the plan, in concert with actions by the

22 National Park Service to prepare a general management

23 plan for the historical park. The plan shall consider local

24 government plans and shall present a unified heritage
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1 preservation and education plan for the heritage area. The

2 plan shall include, but not be limited to—

3 (1) an inventory of important properties and

4 cultural landscapes that should be preserved, man5 aged, developed, and maintained because of their

6 cultural, natural, and public use significance;

7 (2) an analysis of current land uses within the

8 area and how they affect the goals of preservation

9 and public use of the heritage area;

10 (3) an interpretive plan to address the cultural

11 and natural history of the area, and actions to en12 hance visitor use. This element of the plan shall be

13 undertaken in consultation with the National Park

14 Service and visitor use plans for the national histori15 cal park;

16 (4) recommendations for coordinating actions

17 by local, State, and Federal governments within the

18 heritage area, to further the purposes of this Act;

19 and

20 (5) an implementation program for the plan in21 cluding desired actions by State and local govern22 ments and other involved groups and entities.

23 (b) APPROVAL OF THE PLAN.—The Secretary shall

24 approve or disapprove the plan within 90 days after re25 ceipt of the plan from the Commission. The Commission
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1 shall notify the Secretary of the status of approval by the

2 Governor of Louisiana when the plan is submitted for re3 view and approval. In determining whether or not to ap4 prove the plan the Secretary shall consider—

5 (1) whether the Commission has afforded ade6 quate opportunity, including public meetings and

7 hearings, for public and governmental involvement in

8 the preparation of the plan; and

9 (2) whether reasonable assurances have been

10 received from the State and local governments that

11 the plan is supported and that the implementation

12 program is feasible.

13 (c) DISAPPROVAL OF THE PLAN.—If the Secretary

14 disapproves the plan, he shall advise the Commission in

15 writing of the reasons for disapproval, and shall provide

16 recommendations and assistance in the revision of the

17 plan. Following completion of any revisions to the plan,

18 the Commission shall resubmit the plan to the Governor

19 of Louisiana for approval, and to the Secretary, who shall

20 approve or disapprove the plan within 90 days after the

21 date that the plan is revised.

22 SEC. 204. TERMINATION OF HERITAGE AREA COMMISSION.

23 (a) TERMINATION.—The Commission shall terminate

24 on the day occurring 10 years after the first official meet25 ing of the Commission.
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1 (b) EXTENSION.—The Commission may petition to

2 be extended for a period of not more than 5 years begin3 ning on the day referred to in subsection (a), provided the

4 Commission determines a critical need to fulfill the pur5 poses of this Act; and the Commission obtains approval

6 from the Secretary, in consultation with the Governor of

7 Louisiana.

8 (c) HERITAGE AREA MANAGEMENT FOLLOWING

9 TERMINATION OF THE COMMISSION.—The national herit10 age area status for the Cane River region shall continue

11 following the termination of the Commission. The manage12 ment plan, and partnerships and agreements subject to

13 the plan shall guide the future management of the herit14 age area. The Commission, prior to its termination, shall

15 recommend to the Governor of the State of Louisiana and

16 the Secretary, appropriate entities, including the potential

17 for a corporation, to assume the responsibilities of the

18 Commission.

19 SEC. 205. DUTIES OF OTHER FEDERAL AGENCIES.

20 In general, any Federal entity conducting or support21 ing activities directly affecting the heritage area, and any

22 entity of the State of Louisiana, or a political subdivision

23 thereof, acting pursuant to a grant of Federal funds or

24 a Federal permit or agreement directly affecting the herit25 age area shall—
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1 (1) consult with the Secretary and the Commis2 sion with respect to implementation of their pro3 posed actions; and

4 (2) to the maximum extent practicable, coordi5 nate such activities with the Commission to mini6 mize potential impacts on the resources of the herit7 age area.

8 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

9 Except as provided in subsection (b) there are au10 thorized to be appropriated such sums as may be nec11 essary to carry out this Act.

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