II

103D CONGRESS

1ST SESSION S. 1586

To establish the New Orleans Jazz National Historical Park in the State

of Louisiana; and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 26 (legislative day, OCTOBER 13), 1993

Mr. JOHNSTON (for himself and Mr. BREAUX) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To establish the New Orleans Jazz National Historical Park

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 ‘‘New Orleans Jazz Na5 tional Historical Park Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSE.

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

8 (1) jazz is the United States’ most widely rec9 ognized indigenous music and art form. Congress

10 previously recognized jazz in 1987 through Senate
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1 Concurrent Resolution 57 as a rare and valuable na2 tional treasure of international importance.

3 (2) the city of New Orleans is widely recognized

4 as the birthplace of jazz. In and around this city,

5 cultural and musical elements blended to form the

6 unique American music that is known as New Orle7 ans jazz, which is an expression of the cultural di8 versity of the lower Mississippi Delta Region.

9 (3) Jean Lafitte National Historical Park and

10 Preserve was established to commemorate the cul11 tural diversity of the lower Mississippi Delta Region

12 including a range of cultural expressions like jazz.

13 (b) PURPOSE.—In furtherance of the need to recog14 nize the value and importance of jazz, it is the purpose

15 of this Act to establish a New Orleans Jazz National His16 torical Park, together with associated educational pro17 grams, as a unit of the Jean Lafitte National Historical

18 Park and Preserve which is headquartered in New Orle19 ans, Louisiana. The historical park shall preserve the ori20 gins and early history of jazz; provide visitors with oppor21 tunities to experience the sights, sounds, and places where

22 jazz evolved; and implement innovative ways of establish23 ing jazz educational partnerships that will help to ensure

24 that jazz continues as a vital element of the culture of

25 New Orleans and our Nation.
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1 SEC. 3. ESTABLISHMENT.

2 (a) IN GENERAL.—In order to assist in the preserva3 tion, education, and interpretation of jazz as it has evolved

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

5 broad range of organizations involved with jazz music and

6 its history, there is hereby established the New Orleans

7 Jazz National Historical Park (hereinafter referred to as

8 the ‘‘historical park’’). The historical park shall be admin9 istered and managed as a unit of the Jean Lafitte Na10 tional Historical Park and Preserve, which was established

11 to preserve and interpret the cultural and natural re12 sources of the lower Mississippi Delta Region.

13 (b) AREA INCLUDED.—The historical park shall con14 sist of lands and interests therein as follows:

15 (1) lands which the Secretary of the Interior

16 (hereinafter referred to as ‘‘the Secretary’’) may

17 designate for an interpretive visitor center complex;

18 (2) sites that are the subject of cooperative

19 agreements with the National Park Service for the

20 purposes of interpretive demonstrations and pro21 grams associated with the purposes of this Act; and

22 (3)(A) sites designated by the Secretary as pro23 vided in subparagraph (B).

24 (B)(i) The Secretary is directed to undertake a

25 national historic landmark evaluation of sites associ26 ated with jazz in and around New Orleans as identi-
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1 fied in the document entitled ‘‘New Orleans Jazz

2 Special Resource Study’’, prepared by the National

3 Park Service pursuant to Public Law 101–499. In

4 undertaking the evaluation, the Secretary shall, to

5 the extent practicable, utilize existing information

6 relating to such sites.

7 (ii) If any of the sites evaluated are found to

8 meet the standards of the National Historic Land9 mark program and National Park Service tests of

10 suitability and feasibility, and offer outstanding op11 portunities to further the purposes of this Act, the

12 Secretary may designate such sites as part of the

13 historical park, following consultation with the city

14 of New Orleans, the Smithsonian Institution, and

15 the Delta Region Preservation Commission, and no16 tification to the Committee on Energy and Natural

17 Resources of the United States Senate and the Com18 mittee on Natural Resources of the United States

19 House of Representatives.

20 SEC. 4. ADMINISTRATION.

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

22 the historical park in accordance with this Act and with

23 provisions of law generally applicable to units of the Na24 tional Park System, including the Act entitled ‘‘An Act

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

2 U.S.C. 1, 2–4); the Act of August 21, 1935 (49 Stat. 666,

3 16 U.S.C. 461–467); and title IX of Public Law 95–625,

4 the enabling Act for Jean Lafitte National Historical Park

5 and Preserve, as amended (16 U.S.C. 230). The Secretary

6 shall manage the historical park in such a manner as will

7 preserve and perpetuate knowledge and understanding of

8 the history of jazz and its continued evolution as a true

9 American art form.

10 (b) DONATIONS.—The Secretary may accept and re11 tain donations of funds, property, or services from individ12 uals, foundations, corporations, or other public entities for

13 the purposes of providing services, programs, and facilities

14 that further the purposes of this Act.

15 (c) INTERPRETIVE CENTER.—The Secretary is au16 thorized to lease, construct, operate, or maintain an inter17 pretive center in New Orleans. Programs at the center

18 may include live jazz interpretive and educational pro19 grams, and shall provide visitors with information about

20 jazz-related programs, performances, and opportunities.

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

22 provide technical assistance to the city of New Orleans and

23 other appropriate entities for the designation of certain

24 areas in and around New Orleans as jazz heritage dis25 tricts. Such districts shall include those areas with an ex-
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1 ceptional concentration of jazz historical sites and estab2 lished community traditions of jazz street parades.

3 (e) COOPERATIVE AGREEMENTS, GRANTS, AND

4 TECHNICAL ASSISTANCE.—In furtherance of the purposes

5 of this Act—

6 (1) the Secretary, after consultation with the

7 New Orleans Jazz Commission established pursuant

8 to section 7, is authorized to enter into cooperative

9 agreements with owners of properties that are des10 ignated pursuant to section 3(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 the rehabilitation and

14 restoration of, mark, interpret, and 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

19 for operational and visitor use needs, that rehabilita20 tion and restoration will meet the Secretary’s stand21 ards for rehabilitation of historic buildings, and that

22 specify the roles and responsibilities of the Secretary

23 for 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 edu6 cational and interpretive programs to further the

7 purposes of this Act; and

8 (3) the Secretary, in consultation with the Com9 mission, is authorized to provide grants or technical

10 assistance to public and private organizations.

11 (f) JAZZ EDUCATIONAL PROGRAMS.—The Secretary

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

13 a broad range of educational activities relating to jazz and

14 its history. The Secretary shall cooperate with schools,

15 universities, and organizations supporting jazz education

16 to develop educational programs that provide expanded

17 public understanding of jazz and enhanced opportunities

18 for public appreciation. The Secretary may assist appro19 priate entities in the development of an information base

20 including archival material, audiovisual records, and ob21 jects that relate to the history of jazz.

22 SEC. 5. ACQUISITION OF PROPERTY.

23 (a) GENERAL AUTHORITY.—The Secretary may ac24 quire lands and interests therein within the sites des25 ignated pursuant to section 3(b) (1) and (3) by donation
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1 or purchase with donated or appropriated funds: Provided,

2 That sites designated pursuant to section 3(b)(3) shall

3 only be acquired with the consent of the owner thereof.

4 (b) STATE AND LOCAL PROPERTIES.—Lands and in5 terests in lands which are owned by the State of Louisi6 ana, or any political subdivision thereof, may be acquired

7 only by donation.

8 SEC. 6. GENERAL MANAGEMENT PLAN.

9 Within 3 years after the date funds are made avail10 able therefor and concurrent with the national landmark

11 study referenced in section 3(b)(3), the Secretary, in con12 sultation with the New Orleans Jazz Commission, shall

13 prepare a general management plan for the historical

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

15 (1) a visitor use plan indicating programs and

16 facilities associated with park programs that will be

17 made available to the public;

18 (2) preservation and use plans for any struc19 tures and sites that are identified through the his20 toric landmark study for inclusion within the histori21 cal park;

22 (3) the location and associated cost of public fa23 cilities that are proposed for inclusion within the his24 torical park, including a visitor center;
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1 (4) identification of programs that the Sec2 retary will implement or be associated with through

3 cooperative agreements with other groups and orga4 nizations;

5 (5) a transportation plan that addresses visitor

6 use access needs to sites, facilities, and programs

7 central to the purpose of the historical park;

8 (6) plans for the implementation of an archival

9 system for materials, objects, and items of impor10 tance relating to the history of jazz; and

11 (7) guidelines for the application of cooperative

12 agreements that will be used to assist in the man13 agement of historical park facilities and programs.

14 SEC. 7. ESTABLISHMENT TO THE NEW ORLEANS JAZZ COM15 MISSION.

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

17 purposes of this Act and the document entitled ‘‘New Or18 leans Jazz Special Resource Study,’’ there is established

19 the New Orleans Jazz Commission (hereinafter referred

20 to as the ‘‘Commission’’).

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

22 15 members to be appointed no later than 6 months after

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

24 be appointed by the Secretary as follows:
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1 (1) one member recommended by the Mayor of

2 New Orleans;

3 (2) two members who have recognized experi4 ence in music education programs that emphasize

5 jazz;

6 (3) one member, with experience and knowledge

7 of tourism in the greater New Orleans area, from

8 recommendations submitted by local businesses;

9 (4) one member recommended by the Board of

10 the New Orleans Jazz and Heritage Foundation;

11 (5) one member, with experience and knowledge

12 of historic preservation within the New Orleans area;

13 (6) two members who are recognized musicians

14 with knowledge and experience in the development of

15 jazz in New Orleans;

16 (7) one member with recognized expertise in

17 jazz and folklore preservation and interpretation,

18 recommended by the Director of the Louisiana State

19 Museum;

20 (8) two members who represent local neighbor21 hood groups or other local associations, rec22 ommended by the Mayor of New Orleans;

23 (9) one member representing local social and

24 pleasure clubs, recommended by the Mayor of New

25 Orleans;
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1 (10) one member recommended by the Governor

2 of the State of Louisiana, who shall be a member of

3 the Louisiana State Music Commission;

4 (11) the Chairman of the Delta Regional Pres5 ervation Commission, ex officio; and

6 (12) the Director of the National Park Service,

7 or the Director’s designee, ex officio.

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

9 shall—

10 (1) advise the Secretary in the preparation of

11 the general management plan for the historical park;

12 assist in public discussions of planning proposals;

13 and assist the National Park Service in working

14 with individuals, groups, and organizations including

15 economic and business interests in determining pro16 grams in which the Secretary should participate

17 through cooperative agreements;

18 (2) in consultation and cooperation with the

19 Secretary, develop partnerships with educational

20 groups, schools, universities, and other groups to

21 furtherance of the purposes of this Act;

22 (3) in consultation and cooperation with the

23 Secretary, develop partnerships with city-wide orga24 nizations, and raise and disperse funds for programs

25 that assist mutual aid and benevolent societies in en-
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1 couraging the continuation of and enhancement of

2 jazz cultural traditions;

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

4 and advising on hiring brass bands and musical

5 groups to participate in education programs and

6 help train young musicians;

7 (5) in consultation and cooperation with the

8 Secretary, provide recommendations for the location

9 of the visitor center and other interpretive sites;

10 (6) assist the Secretary in providing funds to

11 support research on the origins and early history of

12 jazz in New Orleans; and

13 (7) notwithstanding any other provision of law,

14 seek and accept donations of funds, property, or

15 services from individuals, foundations, corporations,

16 or other public or private entities and expend and

17 use the same for the purposes of providing services,

18 programs, and facilities for jazz education, or assist19 ing in the rehabilitation and restoration of struc20 tures identified in the national historic landmark

21 study referenced in section 3(b)(3) as having out22 standing significance to the history of jazz in New

23 Orleans.

24 (d) APPOINTMENT.—Members of the Commission

25 shall be appointed for staggered terms of 3 years, as des-
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1 ignated by the Secretary at the time of the initial appoint2 ment.

3 (e) CHAIRMAN.—The Commission shall elect a chair4 man from among its members. The term of the chairman

5 shall be for 3 years. The Chairman of the Commission

6 shall serve as an ex-officio member of the Delta Regional

7 Preservation Commission.

8 (f) TERMS.—Any member of the Commission ap9 pointed by the Secretary for a 3-year term may serve after

10 the expiration of his or her term until a successor is ap11 pointed. Any vacancy shall be filled in the same manner

12 in which the original appointment was made. Any member

13 appointed to fill a vacancy shall serve for the remainder

14 of the term for which the predecessor was appointed.

15 (g) PER DIEM EXPENSES.—Members of the Commis16 sion shall serve without compensation. Members shall be

17 entitled to travel expenses under section 5703, title 5,

18 United States Code, when engaged in Commission busi19 ness, including per diem in lieu of subsistence in the same

20 manner as persons employed intermittently.

21 (h) ADMINISTRATIVE SUPPORT.—The Secretary shall

22 provide the Commission with assistance in obtaining such

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

24 the Commission to carry out its duties.
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1 (i) ANNUAL REPORT.—The Commission shall submit

2 an annual report to the Secretary identifying its expenses

3 and income and the entities to which any grants or tech4 nical assistance were made during the year for which the

5 report is made.

6 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

7 There is authorized to be appropriated such sums as

8 may be necessary to carry out this Act.

Æ